Current through Reg. 49, No. 38; September 20, 2024
(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 Chapter 574 and 575;
and Chapter 306, subchapter D of Title 40 (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.
