| (a) A letter of request for interstate transfer of
a person with mental illness or intellectual and developmental disabilities
from a state hospital or SSLC must be sent to the Texas ICC by email
(preferred) or mail.
(b) State hospital or SSLC staff must discuss the proposed
transfer and the person's preference with the person, the person's
LAR, and the person's family, or, if appropriate, other available
sources to ascertain whether the transfer is in the person's best
interest.
(c) If the transfer will not occur, the Texas ICC must
provide written notification to the person or LAR and the individual
who requested the transfer that the transfer will not occur and the
reason for not proceeding with the transfer.
(d) The Texas ICC must contact the receiving state's
ICC and make a reasonable effort to obtain authorization for the transfer
if HHSC determines the transfer of a person is in the person's best
interest.
(e) If the person is proposed to be transferred from
a state hospital or SSLC to a facility in another state that is a
party to the interstate compact, HHSC must not take final action without
the approval of the committing Texas court.
(f) If the receiving state decides to accept the person
for immediate transfer, then the state hospital or SSLC must:
(1) make all travel arrangements, including coordinating
with the facility in the receiving state to assist with travel inside
the receiving state;
(2) be responsible for all transfer expenses;
(3) ensure arrangements are made for an escort or escorts
to accompany and assist the person to reach their destination;
(4) ensure the following items accompany the person
upon transfer to the receiving state:
(A) all appropriate legal documents;
(B) the person's Medicaid, Medicare, or third-party
insurance card or cards, if available;
(C) copies of all the person's laboratory reports and
physical exams conducted within the past 30 days and any additional
significant reports made within the past year;
(D) all the person's personal belongings at the state
hospital or SSLC; and
(E) the supply of all prescribed medication as agreed
upon by the sending and receiving facilities.
(g) The Texas ICC must ensure all authorized parties
are informed of the progress made on the transfer request.
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