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RULE §903.7Requests for a person with Mental Illness or Intellectual and Developmental Disabilities to Transfer from Texas

(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.

Source Note: The provisions of this §903.7 adopted to be effective January 18, 2021, 46 TexReg 459

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