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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 131FREESTANDING EMERGENCY MEDICAL CARE FACILITIES
SUBCHAPTER COPERATIONAL REQUIREMENTS
RULE §131.67Patient Transfer Agreements

(a) General provisions.

  (1) Patient transfer agreements between a facility and hospitals are mandatory.

  (2) The facility shall submit the transfer agreement to the department for review to determine if the agreement meets the requirements of subsection (b) of this section.

  (3) Multiple transfer agreements may be entered into by a facility based upon the type or level of medical services available at other hospitals.

(b) Minimum requirements for patient transfer agreements. Patient transfer agreements shall include specific language that is consistent with the following:

  (1) the Indigent Health Care Treatment Act, in accordance with §131.66(a)(6) of this title (relating to Patient Transfer Policy);

  (2) discrimination, in accordance with §131.66(b)(1) of this title;

  (3) patient's right to request transfer, in accordance with §131.66(b)(2) of this title;

  (4) transfer of patients with emergency medical conditions, in accordance with §131.66(b)(5) of this title;

  (5) physician's duties and standard of care, in accordance with §131.66(b)(6) of this title;

  (6) medical records, in accordance with §131.66(b)(8) of this title; and

  (7) memorandum of transfer, in accordance with §131.66(b)(9) of this title.

(c) Review of transfer agreements.

  (1) In order that the department may review the transfer agreements for compliance with the minimum requirements, the facility shall submit the following documents to the department:

    (A) a copy of the current or proposed agreement signed by the representatives of the facility and the hospital;

    (B) the date of the adoption of the agreement; and

    (C) the effective date of the agreement.

  (2) The department may waive the submittal of the documents required under paragraph (1) of this subsection to avoid the repetitious submission of required documentation and approved agreements.

  (3) If a governing body or a governing body's designee executes a transfer agreement and the entire text of that agreement consists of the entire text of an agreement that has been previously approved by the department, the governing body or the governing body's designee is not required to submit the later agreement for review. On the date the later agreement is fully executed and before the later agreement is implemented, the governing body or the governing body's designee must give adequate notice to the department that the later agreement has been executed.

  (4) The department shall review the agreement not later than 30 calendar days after the date the department receives the agreement to determine if the agreement is consistent with the requirements of this section.

  (5) After the department's review of the agreement, if the department determines that the agreement is consistent with the requirements contained in this section, the department shall notify the facility administration that the agreement has been approved.

  (6) If the department determines that the agreement is not consistent with the requirements contained in this section, the department shall give notice to the facility administration that the agreement is deficient and provide recommendations for correction.

  (7) A transfer agreement will be considered in compliance if it is consistent with the rules that were in effect at the time the transfer agreement was executed and approved by the department.

(d) Amendments to an agreement.

  (1) The governing body of a facility or governing body's designee may adopt proposed amendments to a transfer agreement that has been approved by the department. Before the facility implements the amendments, the governing body or the governing body's designee shall submit the proposed amendments to the department for review in the same manner as the agreement to be amended was submitted.

  (2) The department shall review the amendments and shall approve or reject them in the same manner as provided for the review of the agreement to be amended.

(e) Complaints. Complaints alleging a violation of a transfer agreement shall be treated in the same manner as complaints alleging violations of the Act or this chapter.


Source Note: The provisions of this §131.67 adopted to be effective June 1, 2010, 35 TexReg 4400

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