Section 903.8 - Requests for a Person with Mental Illness or Intellectual and Developmental Disabilities to Transfer to Texas(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 1-800-252-8154.26 Tex. Admin. Code § 903.8
Adopted by Texas Register, Volume 46, Number 03, January 15, 2021, TexReg 0459, eff. 1/18/2021