SECTION 904.75. Transfer of an Individual Between State MR Facilities

(a) The transfer of an individual from one state MR facility to another may be proposed by:

(1) the individual who is able to provide legally adequate consent;

(2) the individual's LAR; or

(3) the state MR facility in which the individual resides.

(b) The transfer of an individual from one state MR facility to another may be made if the state MR facility in which the individual resides determines that:

(1) the state MR facility is no longer appropriate to the individual's needs;

(2) the individual can be treated and habilitated better in another state MR facility; or

(3) the individual can be treated and habilitated in a state MR facility located geographically closer to the individual's family.

(c) If a state MR facility proposes that the individual be transferred to another state MR facility, the state MR facility will notify the individual or LAR, in writing, at least 31 calendar days before the date of the proposed transfer, of the proposed transfer and the right to request an administrative hearing to contest the proposed transfer, in accordance with §414.155 of this title (relating to Notice of Hearing).

(d) If the individual or LAR, or another person as the representative of the individual or LAR, requests an administrative hearing, the individual will not be transferred pending the hearing.

(e) If the state MR facility denies a request from the individual or LAR for a transfer, the state MR facility will notify the individual or LAR, in writing, of the right to request an administrative hearing to contest the denial, in accordance with §414.155 of this title (relating to Notice).

(f) If a transfer proposed by the individual or LAR is approved by the state MR facility or a transfer proposed by the state MR facility is not contested by the individual or LAR, the state MR facility will send necessary documents regarding the individual to the receiving state MR facility. In addition, the state MR facility in which the individual resides will notify the individual's designated MRA of the proposed transfer.

(g) The receiving state MR facility will review the documentation and initiate any necessary action, including arranging for a pre-transfer visit, to determine whether the receiving state MR facility can provide appropriate services to the individual.

(h) At the conclusion of its review and necessary action, the receiving state MR facility will notify the state MR facility in which the individual resides, in writing, of its determination of whether it can provide appropriate services to the individual and, if it can provide appropriate services, the projected date of an available vacancy.

(i) The state MR facility in which the individual resides will notify the individual or LAR and the individual's designated MRA of the determination made by the receiving state MR facility and the projected date of an available vacancy, if applicable.

(j) Pending the vacancy becoming available, the state MR facility in which the individual resides will provide periodic updates to the individual or LAR about the status of the transfer.

(k) When the vacancy at the receiving state MR facility becomes available, the state MR facility in which the individual resides will notify the individual or LAR about such availability and coordinate arrangements with the receiving state MR facility for the individual to be transferred.

Source Note: The provisions of this §904.75 adopted to be effective January 1, 2001, 25 TexReg 12746; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397