Tex. Health & Safety Code Section 241.027
Patient Transfers


(a)

The executive commissioner shall adopt rules to govern the transfer of patients between hospitals that do not have a transfer agreement and governing services not included in transfer agreements.

(b)

The rules must provide that patient transfers between hospitals be accomplished through hospital policies that result in medically appropriate transfers from physician to physician and from hospital to hospital by providing:

(1)

for notification to the receiving hospital before the patient is transferred and confirmation by the receiving hospital that the patient meets the receiving hospital’s admissions criteria relating to appropriate bed, physician, and other services necessary to treat the patient;

(2)

for the use of medically appropriate life support measures that a reasonable and prudent physician exercising ordinary care in the same or a similar locality would use to stabilize the patient before the transfer and to sustain the patient during the transfer;

(3)

for the provision of appropriate personnel and equipment that a reasonable and prudent physician exercising ordinary care in the same or a similar locality would use for the transfer;

(4)

for the transfer of all necessary records for continuing the care for the patient; and

(5)

that the transfer of a patient not be predicated on arbitrary, capricious, or unreasonable discrimination because of race, religion, national origin, age, sex, physical condition, or economic status.

(c)

The rules must require that if a patient at a hospital has an emergency medical condition which has not been stabilized, the hospital may not transfer the patient unless:

(1)

the patient or a legally responsible person acting on the patient’s behalf, after being informed of the hospital’s obligations under this section and of the risk of transfer, in writing requests transfer to another medical facility;

(2)

a licensed physician has signed a certification, which includes a summary of the risks and benefits, that, based on the information available at the time of transfer, the medical benefits reasonably expected from the provision of appropriate medical treatment at another medical facility outweigh the increased risks to the patient and, in the case of labor, to the unborn child from effecting the transfer; or

(3)

if a licensed physician is not physically present in the emergency department at the time a patient is transferred, a qualified medical person has signed a certification described in Subdivision (2) after a licensed physician, in consultation with the person, has made the determination described in such clause and subsequently countersigns the certificate.

(d)

The rules also shall provide that a public hospital or hospital district shall accept the transfer of its eligible residents if the public hospital or hospital district has appropriate facilities, services, and staff available for providing care to the patient.

(e)

The rules must require that a hospital take all reasonable steps to secure the informed refusal of a patient or of a person acting on the patient’s behalf to a transfer or to related examination and treatment.

(f)

The rules must recognize any contractual, statutory, or regulatory obligations that may exist between a patient and a designated or mandated provider as those obligations apply to the transfer of emergency or nonemergency patients.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 83, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 584, Sec. 5, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0575, eff. April 2, 2015.

Source: Section 241.027 — Patient Transfers, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­241.­htm#241.­027 (accessed Mar. 23, 2024).

241.001
Short Title
241.002
Purpose
241.003
Definitions
241.004
Exemptions
241.005
Employment of Personnel
241.006
Coordination of Signage Requirements Imposed by State Agencies
241.007
Compliance with Certain Requirements Regarding Sonogram Before Abortion
241.009
Photo Identification Badge Required
241.010
Disposition of Fetal Remains
241.011
Human Trafficking Signs Required
241.012
In-person Hospital Visitation During Period of Disaster
241.021
License Required
241.022
License Application
241.023
Issuance of License
241.025
License Fees
241.026
Rules and Minimum Standards
241.027
Patient Transfers
241.028
Transfer Agreements
241.029
Policies and Procedures Relating to Workplace Safety
241.051
Inspections
241.052
Compliance with Rules and Standards
241.053
Denial of Application, Suspension, Revocation, Probation, or Reissuance of License
241.054
Violations
241.055
Civil Penalty
241.056
Suit by Person Harmed
241.057
Criminal Penalty
241.058
Minor Violations
241.059
Administrative Penalty
241.060
Administrative Penalty for Mental Health, Chemical Dependency, or Rehabilitation Services
241.101
Hospital Authority Concerning Medical Staff
241.102
Authorizations and Restrictions in Relation to Physicians and Podiatrists
241.103
Preservation of Records
241.104
Hospital Plan Reviews
241.105
Hospital Privileges for Advanced Practice Nurses and Physician Assistants
241.121
Definition
241.122
License Required
241.123
Rehabilitation Services Standards
241.151
Definitions
241.152
Written Authorization for Disclosure of Health Care Information
241.153
Disclosure Without Written Authorization
241.154
Request
241.155
Safeguards for Security of Health Care Information
241.156
Patient Remedies
241.182
Level of Care Designations
241.183
Rules
241.184
Confidentiality
241.185
Assignment of Level of Care Designation
241.186
Hospital Not Designated
241.187
Perinatal Advisory Council
241.201
Applicability
241.202
Advertising
241.204
Administrative Penalty
241.205
Disclosure Statement Required
241.221
Applicability
241.222
Certain Fees Prohibited
241.223
Disclosure of Certain Prices and Fees During Declared Disaster
241.224
Prohibited Pricing Practices During Declared State of Disaster
241.225
Enforcement
241.251
Applicability
241.252
Notice of Fees
241.0262
Circulating Duties for Surgical Services
241.0263
Recommendations Relating to Missing Infants
241.0265
Standards for Care for Mental Health and Chemical Dependency
241.301
Definition
241.302
License Required
241.303
Licensing Fee
241.351
Definition
241.352
Limitation on Civil Liability of Children’s Isolation Unit
241.401
Definitions
241.402
Approval Required
241.403
Minimum Standards
241.404
Application
241.405
Fee
241.406
Waiver of Requirements
241.0531
Commissioner’s Emergency Orders
241.0555
Additional Requirements: Potentially Preventable Adverse Events
241.0585
Recovery of Costs
241.1015
Physician Communication and Contracts
241.1031
Preservation of Record from Forensic Medical Examination
241.1531
Exchange of Inmate’s Health Care Information
241.1835
Use of Telemedicine Medical Services
241.1836
Appeal Process
241.1837
Patient Safety Practices Regarding Placenta Accreta Spectrum Disorder
241.1865
Waiver from Level of Care Designation Requirements

Accessed:
Mar. 23, 2024

§ 241.027’s source at texas​.gov