26 Tex. Admin. Code § 554.1915 - Transfer Agreement
(a) The facility
must have in effect a written transfer agreement with one or more hospitals
that reasonably assures that:
(1) Residents
will be transferred from the facility to the hospital and ensured of timely
admission to the hospital when transfer is medically appropriate as determined
by the attending physician or, in an emergency situation, another practitioner
in accordance with written facility policy.
(2) Providers will exchange medical and other
information, including information required under §
554.502(b)(4) of
this chapter (relating to Transfer and Discharge in Medicaid-certified
Facilities), needed for care and treatment of residents, and when the
transferring facility deems it appropriate, for determining whether such
residents can receive appropriate services, receive services in a less
restrictive setting than either the facility or the hospital, or reintegrate
into the community.
(3) For
Medicaid-certified facilities, the hospitals must be approved for participation
under the Medicare and Medicaid programs.
(b) In addition, to ensure continuity of
care, the transfer agreement must:
(1)
provide for prompt diagnostic and other medical services;
(2) ensure accountability for a resident's
personal effects at the time of transfer;
(3) specify the steps needed to transfer a
resident in a prompt, safe and efficient manner; and
(4) provide for supplying, at the time of
transfer, a summary of administrative, social, medical, and nursing information
to the facility to which the resident is transferred.
(c) If the board or governing body for a
long-term care facility and a hospital are the same, the controlling entity
must have written procedures outlining how transfers will occur.
(d) The facility is considered to have a
transfer agreement in effect if HHSC determines that the facility attempted in
good faith to enter into an agreement with a hospital sufficiently close to the
facility to make transfer feasible but could not, and it is in the public
interest not to enforce this requirement. The facility must document in writing
its good faith effort to enter into an agreement.
Notes
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