The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1) Accessible and flexible services--Services which are delivered in the least intrusive manner possible and are provided in all settings where individuals live, work, and recreate. (2) Administration of medication--The direct application of any medication by injection, inhalation, ingestion, or any other means to the body of a client. The preparation of medication is part of the administration of medication and is the act or process of making ready a medication for administration, including the calculation of a client's medication dosage; altering the form of the medication by crushing, dissolving, or any other method; reconstitution of an injectable medication; drawing an injectable medication into a syringe; preparing an intravenous admixture; or any other act required to render the medication ready for administration. (3) Administrative support site--A facility or site where an agency performs administrative and other support functions but does not provide direct home health, hospice, or personal assistance services. This site does not require an agency license. (4) Administrator--The person who is responsible for the day-to-day operations of an agency. (5) Advanced practice nurse--A registered nurse approved by the Board of Nurse Examiners for the State of Texas to practice as an advanced practice nurse on the basis of completion of an advanced educational program. The term includes a nurse practitioner, nurse midwife, nurse anesthetist, and clinical nurse specialist. (6) Affiliate--With respect to an applicant or owner which is: (A) a corporation--means each officer, director, stockholder with direct ownership of at least 5.0%, subsidiary, and parent company; (B) a limited liability company--means each officer, member, and parent company; (C) an individual--means: (i) the individual's spouse; (ii) each partnership and each partner thereof of which the individual or any affiliate of the individual is a partner; and (iii) each corporation in which the individual is an officer, director, or stockholder with a direct ownership of at least 5.0%. (D) a partnership--means each partner and any parent company; and (E) a group of co-owners under any other business arrangement--means each officer, director, or the equivalent under the specific business arrangement and each parent company. (7) Agency--A home and community support services agency. (8) Alternate delivery site--A facility or site, including a residential unit or an inpatient unit: (A) that is owned or operated by an agency providing hospice services; (B) that is not the hospice's principal place of business; (C) that is located in the geographical area served by the hospice; and (D) from which the hospice provides hospice services. (9) Applicant--The owner of an agency which is applying for a license under the statute. This is the person in whose name the license will be issued. (10) Assistance with medication or treatment regimen--Any needed ancillary aid provided to a client in the client's self-administered medication or treatment regimen, such as reminding a client to take a medication at the prescribed time, opening and closing a medication container, pouring a predetermined quantity of liquid to be ingested, returning a medication to the proper storage area, and assisting in reordering medications from a pharmacy. Such ancillary aid shall not include administration of any medication, unless the client has the cognitive ability to direct the administration of their medication and would self-administer if not for a functional limitation. (11) Association--A partnership, limited liability company, or other business entity that is not a corporation. (12) Audiologist--A person who is currently licensed under Texas Civil Statutes, Article 4512j, as an audiologist. (13) Bereavement--The process by which a survivor of a deceased person mourns and experiences grief. (14) Bereavement services--Support services offered to a family during bereavement. Family includes a significant other(s). (15) Branch office--A facility or site in the service area of a parent agency from which home health or personal assistance services are delivered or where active client records are maintained. This does not include inactive records which are stored at an unlicensed site. (16) Care plan-- (A) a written plan prepared by the appropriate health care personnel for a client of the home and community support services agency; or (B) for home dialysis designation, a written plan developed by the physician, registered nurse, dietitian and qualified social worker to personalize the care for the client and enable long- and short-term goals to be met. (17) Case conference--A conference among personnel furnishing services to the client to ensure that their efforts are coordinated effectively and support the objectives outlined in the plan of care or care plan. (18) Certified agency--A home and community support services agency that: (A) provides a home health service; and (B) is certified by an official of the Department of Health and Human Services as in compliance with conditions of participation in Social Security Act, Title XVIII (42 United States Code (USC) §1395 et seq.). (19) Certified home health services--Home health services that are provided by a certified agency. (20) Client--An individual receiving home health, hospice, or personal assistance services from a licensed home and community support services agency. This term includes each member of the primary client's family if the member is receiving ongoing services. This term does not include the spouse, significant other, or other family member living with the client who receives a one-time service (e.g., vaccine) if the spouse, significant other, or other family member receives the service in connection with the care of a client. (21) Clinical note--A dated and signed written notation by agency personnel of a contact with a client containing a description of signs and symptoms; treatment and medication given; the client's reaction; other health services provided; and any changes in physical and emotional condition. (22) Counselor--An individual qualified under Medicare standards to provide counseling services, including bereavement, dietary, spiritual, and other counseling services to both the client and the family. (23) Department--The Texas Department of Health {The Texas Department of Human Services}. (24) Dialysis treatment record--For home dialysis designation, a dated and signed written notation by the person providing dialysis treatment which contains a description of signs and symptoms, machine parameters and pressure settings, type of dialyzer and dialysate, actual pre- and post-treatment weight, medications administered as part of the treatment, and the client's response to treatment. (25) Dietitian--A person who is currently licensed under the laws of this state to use the title of licensed dietitian or provisional licensed dietitian, or who is a registered dietitian. (26) Director--The director of the Health Facility Licensing Division of the Texas Department of Health {Texas Department of Human Services} or his or her designee. (27) End stage renal disease (ESRD)--For home dialysis designation, the stage of renal impairment that appears irreversible and permanent and requires a regular course of dialysis or kidney transplantation to maintain life. (28) Freestanding hospice--An agency that provides hospice services to clients of the agency who are residing at the agency's physical location including inpatient and respite care. (29) Functional need--Needs of the individual which require services without regard to diagnosis or label. (30) Health assessment--A determination of a client's physical and mental status through inventory of systems. (31) Home and community support services agency--A person who provides home health, hospice, or personal assistance services for pay or other consideration in a client's residence, an independent living environment, or another appropriate location. (32) Home health medication aide--A person permitted under the Health and Safety Code, Chapter 142, Subchapter B. (33) Home health service--The provision of one or more of the following health services required by an individual in a residence or independent living environment: (A) nursing; (B) physical, occupational, speech, or respiratory therapy; (C) medical social service; (D) intravenous therapy; (E) dialysis; Cont'd... |
