Section 509.66 - Patient 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 Texas Health and Human Services Commission (HHSC) 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:(1) Texas Health and Safety Code Chapter 61 (relating to Indigent Health Care Treatment Act), in accordance with § 509.65(a)(6) of this subchapter (relating to Patient Transfer Policy);(2) discrimination, in accordance with § 509.65(b)(1) of this subchapter;(3) patient's right to request transfer, in accordance with § 509.65(b)(2) of this subchapter;(4) transfer of patients with emergency medical conditions, in accordance with § 509.65(b)(5) of this subchapter;(5) physician's duties and standard of care, in accordance with § 509.65(b)(6) of this chapter;(6) medical records, in accordance with § 509.65(b)(8) of this subchapter; and(7) memorandum of transfer, in accordance with § 509.65(b)(9) of this chapter.(c) Review of transfer agreements.(1) The facility shall submit the following documents to HHSC for review so HHSC may determine whether the transfer agreements comply with this section's requirements: (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) HHSC may waive the documents submission 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 HHSC, 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 shall give notice to HHSC that the later agreement has been executed.(4) HHSC shall review the agreement not later than 30 calendar days after the date HHSC receives the agreement to determine if the agreement is consistent with the requirements of this section.(5) After HHSC review of the agreement, if HHSC determines that the agreement is consistent with the requirements contained in this section, HHSC shall notify the facility administration that the agreement has been approved.(6) If HHSC determines that the agreement is not consistent with the requirements contained in this section, HHSC 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 HHSC.(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 HHSC. Before the facility implements the amendments, the governing body or the governing body's designee shall submit the proposed amendments to HHSC for review in the same manner as the agreement was submitted.(2) HHSC shall review the amendments and approve or reject them in the same manner as provided for the review of the agreement.(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.26 Tex. Admin. Code § 509.66
Adopted by Texas Register, Volume 48, Number 48, December 1, 2023, TexReg 7072, eff. 12/4/2023