Revision 24-1; Effective March 1, 2024

This section outlines the processes for transfers between state supported living centers (SSLCs) and state hospitals.

23100 State Hospital to SSLC

Revision 24-1; Effective March 1, 2024

26 TAC, Section 904.79

A person receiving inpatient services from a state hospital, also known as a state psychiatric hospital, may be transferred to a state supported living center (SSLC) under the following conditions:

  • the person’s local intellectual and developmental disability authority (LIDDA) has determined they require services in an SSLC; and
  • the process outlined in 21610, Civil Commitment of a Person under the Persons with Intellectual Disability Act (PIDA), has been followed and all conditions are met.

23200 SSLC to Another SSLC

Revision 24-1; Effective March 1, 2024

26 TAC, Section 904.75

A state supported living center (SSLC) resident may be transferred to another SSLC under the following conditions:

  1. The request for the transfer is proposed by the:
    • person who can provide legally adequate consent;
    • person’s legally authorized representative (LAR); or
    • SSLC where the person lives.
  2. The transfer of a person from one SSLC to another may be made if the SSLC serving the person finds the:
    • current SSLC is no longer appropriate to the person’s needs;
    • person can be treated or habilitated better in another SSLC; or
    • person can be treated and habilitated in an SSLC located geographically closer to that person’s family.

When a person or their LAR requests to transfer to another SSLC, the local intellectual and developmental disability authority (LIDDA) explains the process, as needed, to the person or their LAR. This process for evaluating a transfer includes:

  • Before a transfer proposed by the resident’s current SSLC is processed, the SSLC sends a written notice to the resident or their LAR with an option to object to the transfer. The SSLC sends this notice at least 31 calendar days before the proposed transfer. The resident will not be transferred while waiting for the finding of the administrative hearing. If no objection is filed, information will be shared with the proposed receiving SSLC so they may see if they can meet the person’s needs.
  • If a person’s or LAR’s request to transfer to another SSLC is denied, the SSLC notifies the person or LAR in writing. This notice also informs them of their right to an administrative hearing to contest the denial. If the SSLC approves such a transfer, the SSLC sends necessary documents about the person to the receiving SSLC.

If an administrative hearing approves the transfer or no objection is filed, the person’s SSLC of residence notifies the person or their LAR and the person’s LIDDA of the decision and the projected date of the vacancy. If the vacancy is not available for some time, the SSLC where the person lives provides periodic updates to the person or their LAR on the status of the transfer.

When the vacancy at the receiving SSLC becomes available, the person’s SSLC of residence notifies the person or their LAR about the availability. Either the SSLC of residence or the receiving SSLC may notify the person’s LIDDA of the anticipated transfer date. The receiving SSLC coordinates transportation arrangements.

23300 SSLC to State Hospital

Revision 24-1; Effective March 1, 2024

26 TAC, Section 904.77

A person committed to a state supported living center (SSLC) for residential services may be transferred to a state hospital for mental health care if a licensed physician of the SSLC finds, after an examination, that care, treatment, management and rehabilitation in a state hospital is in the person’s best interest.

The person will return to the SSLC within 30 calendar days unless a court order obtained by the state hospital finds the person needs to be hospitalized for longer than 30 calendar days.

If the need for psychiatric hospitalization exceeds 30 calendar days, the state hospital will request an order from the committing court to transfer the person to the state hospital. To support this request, the state hospital will submit two certificates of medical examination for mental illness to the court, stating the person:

  • has mental illness; and
  • requires observation or treatment in the state hospital.

If the state hospital finds a person transferred to their facility under a court order no longer requires hospitalization, the state hospital will request the committing court to approve the person’s return to the SSLC.

If a person admitted to an SSLC under a regular voluntary admission is recommended for admission to a state hospital, the SSLC admission and placement coordinator must work with the local mental health authority for screening and commitment to a state hospital.

Note: The LIDDA may or may not be notified of transfers between SSLCs and state hospitals if no additional commitment is requested. Review 22000 for continuity of care activities provided by the LIDDA for a person with an IDD diagnosis who is committed to a state hospital from a community setting.