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26 TAC 558.295 — Client Transfer or Discharge Notification Requirements

TexasregulationTexas Health and Human Services Commission· effective 2021-04-25

What this rule requires your agency to do

  • 1Only transfer or discharge without prior notice under the enumerated exceptions (client request, medical emergency, disaster per §558.256, documented staff/client safety protection after reasonable notice efforts, physician orders, or nonpayment except as prohibited by federal law) (subsec. (e)).(26 TAC 558.295 — Client Transfer or Discharge Notification Requirements)
  • 2If delivering by mail, mail the notice at least eight working days before the transfer/discharge date and speak with the client by phone or in person to ensure their knowledge of the transfer/discharge at least five days before that date (subsec. (d)).(26 TAC 558.295 — Client Transfer or Discharge Notification Requirements)
  • 3Before transferring or discharging a client (except under subsection (e)), provide written notification to the client or the client's parent/family/spouse/significant other/legal representative, and notify the client's attending physician or practitioner if involved in the agency's care (subsec. (a)).(26 TAC 558.295 — Client Transfer or Discharge Notification Requirements)
  • 4Deliver the required notice by hand or by mail (subsec. (c)).(26 TAC 558.295 — Client Transfer or Discharge Notification Requirements)
  • 5Ensure delivery of the written notification no later than five days before the transfer or discharge date (subsec. (b)).(26 TAC 558.295 — Client Transfer or Discharge Notification Requirements)
  • 6Keep in the client's file a copy of the written notification, documentation of personal contact if notice was mailed, and documentation that the attending physician/practitioner was notified of the discharge date (subsec. (f)).(26 TAC 558.295 — Client Transfer or Discharge Notification Requirements)

Applies to: personal care

Requires a HCSSA to give the client (or representative) and attending physician written notice before transferring or discharging a client, sets delivery timelines (at least five days before, or eight working days if mailed plus personal contact five days before), lists limited exceptions permitting discharge without prior notice, and requires retaining notice/contact documentation in the client file. Framework topic: Transfer & Discharge / Continuity of Care.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.