Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 509 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 509.65 - Patient Transfer Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) The governing body of each facility shall
				  adopt, implement, and enforce a policy relating to patient transfers that is
				  consistent with this section and contains each of the requirements in
				  subsection (b) of this section. The policies shall identify facility staff that
				  has authority to represent the facility and the physician regarding transfers
				  from the facility.
(2) The
				  governing body shall adopt the transfer policy after consultation with the
				  medical staff, and the transfer policy shall apply to transfers to hospitals
				  licensed under Texas Health and Safety Code Chapter 241 (relating to Hospitals)
				  and Chapter 577 (relating to Private Mental Hospitals and Other Mental Health
				  Facilities), as well as transfers to hospitals that are exempt from
				  licensing.
(3) The transfer policy
				  shall govern transfers not covered by a transfer agreement.
(4) The transfer policy shall include a
				  written operational plan to provide for patient transfer transportation
				  services if the facility does not provide its own patient transfer
				  transportation services.
(5) The
				  governing body, after consultation with the medical staff, shall implement its
				  transfer policy by adopting transfer agreements with hospitals in accordance
				  with §
											509.66 of this subchapter
				  (relating to Patient Transfer Agreements).
(6) The transfer policy shall recognize and
				  comply with the applicable requirements of Texas Health and Safety Code Chapter
				  61 (relating to Indigent Health Care and Treatment Act).
(7) The transfer policy shall acknowledge
				  contractual obligations and comply with statutory or regulatory obligations
				  that may exist concerning a patient and a designated provider.
(8) The transfer policy shall require that
				  all reasonable steps are taken to secure the written informed consent of a
				  patient, or a person acting on a patient's behalf, when refusing a transfer or
				  related examination and treatment. Reasonable steps include:
(A) a factual explanation of the increased
				  medical risks to the patient reasonably expected from not being transferred,
				  examined, or treated at the transferring hospital;
(B) a factual explanation of any increased
				  risks to the patient from not effecting the transfer; and
(C) a factual explanation of the medical
				  benefits reasonably expected from the provision of appropriate treatment at
				  another hospital.
(9) The
				  informed refusal of a patient, or a person acting on a patient's behalf, to
				  examination, evaluation, or transfer shall be documented and signed if possible
				  by the patient or by a person acting on the patient's behalf, dated and
				  witnessed by the attending physician or facility employee, and placed in the
				  patient's medical record.
(10) The
				  transfer policy shall recognize the right of an individual to request a
				  transfer into the care of a physician and a hospital of the individual's own
				  choosing.