Tex. Health & Safety Code Section 241.028
Transfer Agreements


(a)

If hospitals execute a transfer agreement that is consistent with the requirements of this section, all patient transfers between the hospitals are governed by the agreement.

(b)

The hospitals shall submit the agreement to the department for review for compliance with the requirements of this section. The department shall complete the review of the agreement within 30 days after the date the agreement is submitted by the hospitals.

(c)

At a minimum, a transfer agreement must provide that:

(1)

transfers be accomplished in a medically appropriate manner and comply with Sections 241.027 (Patient Transfers)(b)(2) through (5) and Section 241.027 (Patient Transfers)(c);

(2)

the transfer or receipt of patients in need of emergency care not be based on the individual’s inability to pay for the services rendered by the transferring or receiving hospital;

(3)

multiple transfer agreements be entered into by a hospital based on the type or level of medical services available at other hospitals;

(4)

the hospitals recognize the right of an individual to request transfer to the care of a physician and hospital of the individual’s choice;

(5)

the hospitals recognize and comply with the requirements of Chapter 61 (Indigent Health Care and Treatment Act) relating to the transfer of patients to mandated providers; and

(6)

consideration be given to availability of appropriate facilities, services, and staff for providing care to the patient.

(d)

If a hospital transfers a patient in violation of Subsection (c)(1), (2), (4), (5), or (6), relating to required provisions for a transfer agreement, the violation is a violation of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 84, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 584, Sec. 6, eff. Sept. 1, 1993.

Source: Section 241.028 — Transfer Agreements, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­241.­htm#241.­028 (accessed Jun. 5, 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:
Jun. 5, 2024

§ 241.028’s source at texas​.gov