| (a) A written request for interstate transfer of a
person with a mental illness or an intellectual and developmental
disability to a Texas state hospital or SSLC must be sent by the requesting
state's ICC, or its designee, to the Texas ICC by email to Interstate_Compact_Coordination@hhsc.state.tx.us.
(b) The written request must be accompanied by the
following information:
(1) documentation that the prerequisites for transfer
to Texas are met, in accordance with §903.4(b) of this chapter
(relating to Prerequisite for Transfer);
(2) a consent to the interstate transfer and release
of records to the Texas ICC, signed by the person or the person's
LAR;
(3) the completed "Request for Interstate Transfer"
form;
(4) a copy of the person's immunization record;
(5) a copy of the person's social security card;
(6) a copy of the person's birth certificate or appropriate
substitute;
(7) a copy of the person's diagnosis of mental illness
or intellectual and developmental disabilities;
(8) a copy of the person's comprehensive medical history,
including any medical evaluations, current physician's orders, and
list of current medications;
(9) a summary of the person's social history and history
of mental illness or intellectual and developmental disabilities,
including a copy of any psychiatric or psychological evaluations;
(10) a copy of the person's current individual habilitation
plan and annual planning conference documents for a person with intellectual
and developmental disabilities;
(11) a copy of the original order of commitment and
any renewals and, if required, documentation of approval to transfer
from the committing court;
(12) a copy of guardianship or other legal documentation
pertaining to the person requesting transfer, if applicable; and
(13) a brief cover letter signed by the institution's
chief executive officer, or designee, stating the circumstances or
reasons for requesting the transfer.
(c) Upon receipt, the Texas ICC must review the request
packet.
(1) If the request packet is complete, the Texas ICC
must forward it to the appropriate local authority, which may request
additional information to determine whether the person is eligible
for admission to:
(A) a state hospital in accordance with Texas Health
and Safety Code Chapters 574 and 575; and Chapter 306, subchapter
D of this title (relating to Mental Health Services--Admission, Continuity,
and Discharge); or
(B) an SSLC in accordance with Texas Health and Safety
Code Chapter 591, and 40 TAC Chapter 2, subchapter F (relating to
Continuity of Services--State Facilities).
(2) If the request packet is incomplete, the Texas
ICC contacts the requesting state's ICC and identifies the specific
information or documentation that must be received for the transfer
to proceed.
(d) If the local authority determines the person is
eligible for admission, the local authority authorizes admission.
The local authority provides written notification to the Texas ICC
and the appropriate state hospital or SSLC of the admission authorization.
The Texas ICC provides written notification to the requesting state's
ICC of the person's eligibility and authorization for admission and
includes the name and phone number of the state hospital or SSLC contact.
(e) If the local authority determines that the person
is not eligible for admission, the local authority provides written
notification to the Texas ICC of the person's ineligibility for admission.
The Texas ICC provides written notification to the requesting state's
ICC of:
(1) the person's ineligibility for admission;
(2) the person's or LAR's right to provide additional
information for consideration in re-determining eligibility, if the
person believes incomplete information was used to determine ineligibility;
and
(3) the person's or LAR's right to contact the Texas
Health and Human Services Office of the Ombudsman by mailing Mail
Code H-700, P.O. Box 13247, Austin, Texas 78711-3247, or by calling
1-800-252-8154.
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