| (28) Director--The director of the Home and Community Support Services Agencies Program of the Texas Department of Human Services or his or her designee. (29) 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. (30) 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. (31) Functional need--Needs of the individual which require services without regard to diagnosis or label. (32) Health assessment--A determination of a client's physical and mental status through inventory of systems. (33) 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. (34) Home health medication aide--A person permitted under the Health and Safety Code, Chapter 142, Subchapter B. (35) 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, including blood pressure monitoring and diabetes treatment; (B) physical, occupational, speech, or respiratory therapy; (C) medical social service; (D) intravenous therapy; (E) dialysis; (F) service provided by unlicensed personnel under the delegation or supervision of a licensed health professional; (G) the furnishing of medical equipment and supplies, excluding drugs and medicines; or (H) nutritional counseling. (36) Hospice--A person licensed under this chapter to provide hospice services, including a person who owns or operates a residential unit or an inpatient unit. (37) Hospice services--Services, including services provided by unlicensed personnel under the delegation of a registered nurse or physical therapist, provided to a client or a client's family as part of a coordinated program consistent with the standards and rules adopted under this chapter. These services include palliative care for terminally ill clients and support services for clients and their families that: (A) are available 24 hours a day, seven days a week, during the last stages of illness, during death, and during bereavement; (B) are provided by a medically directed interdisciplinary team; and (C) may be provided in a home, nursing facility, residential unit, or inpatient unit according to need. These services do not include inpatient care normally provided in a licensed hospital to a terminally ill person who has not elected to be a hospice client. For the purposes of this definition, the word "home" includes a person's "residence" as defined in this section. (38) Independent living environment--A client's individual residence, which may include a group home or foster home, or other settings where a client participates in activities, including school, work, or church. (39) Individual/family choice and control--Individuals and families who express preferences and make choices about how their support service needs are met. (40) Inpatient unit--A facility that provides a continuum of medical or nursing care and other hospice services to clients admitted into the unit and that is in compliance with the conditions of participation for inpatient units adopted under Social Security Act, Title XVIII (42 United States Code §1395 et seq.) and standards adopted under this chapter. (41) Licensed vocational nurse--A person who is currently licensed under Occupations Code, Chapter 302, as a licensed vocational nurse. (42) Manager--A person having a contractual relationship to provide management services to a home and community support services agency for the overall operation of a home and community support services agency including administration, staffing, or delivery of services. Examples of contracts for services that will not be considered contracts for management services include contracts solely for maintenance, laundry, or food services. (43) Medication administration record--A record used to document the administration of a client's medications. (44) Medication list--A list of a client's medications that includes the physician orders relating to dosage and the frequency and method of administration. The medication list is used to identify possible ineffective drug therapy or adverse reactions, significant side effects, drug allergies, and contraindications. (45) Notarized copy--A sworn affidavit stating that attached copies are true and correct copies of the original documents. (46) Nursing facility--An institution licensed as a nursing home under the Health and Safety Code, Chapter 242. (47) Nutritional counseling--Advising and assisting individuals or families on appropriate nutritional intake by integrating information from the nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status, with the goal being health promotion, disease prevention, and nutrition education. Nutritional counseling may include, but is not limited to, the following: (A) dialogue with the client to discuss current eating habits, exercise habits, food budget and problems with food preparation; (B) discussion of dietary needs to help the client understand why certain foods should be included or excluded from the client's diet and to help with adjustment to the new or revised or existing diet plan; (C) a personalized written diet plan as ordered by the client's physician or practitioner, to include instructions for implementation; (D) providing the client with motivation to help him or her understand and appreciate the importance of the diet plan in getting and staying healthy; or (E) working with the client or the client's family members by recommending ideas for meal planning, food budget planning, and appropriate food gifts. (48) Occupational therapist--A person who is currently licensed under the Occupational Therapy Practice Act, Occupations Code, Chapter 454, as an occupational therapist. (49) Original active client record--A record composed first-hand for a client currently receiving services. (50) Owner--One of the following persons that will hold or does hold a license issued under the statute in the person's name or the person's assumed name: (A) a corporation; (B) a limited liability company; (C) an individual; (D) a partnership if a partnership name is stated in a written partnership agreement or an assumed name certificate; (E) all partners in a partnership if a partnership name is not stated in a written partnership agreement or an assumed name certificate; or (F) all co-owners under any other business arrangement. (51) Palliative care--Intervention services that focus primarily on the reduction or abatement of physical, psychosocial, and spiritual symptoms of a terminal illness. (52) Parent agency--The agency that develops and maintains administrative controls and provides supervision of branch offices and alternate delivery sites. (53) Parent company--A person, other than an individual, who has a direct 100% ownership interest in the owner of an agency. (54) Person--An individual, corporation, or association. (55) Personal assistance services--Routine ongoing care or services required by an individual in a residence or independent living environment that enable the individual to engage in the activities of daily living or to perform the physical functions required for independent living, including respite services. The term includes: (A) personal care; (B) health-related services performed under circumstances that are defined as not constituting the practice of professional nursing by the Board of Nurse Examiners through a memorandum of understanding with DHS in accordance with Health and Safety Code, §142.016; and (C) health-related tasks provided by unlicensed personnel under the delegation of a registered nurse or that a registered nurse determines do not require delegation. (56) Personal care--The provision of one or more of the following services required by an individual in a residence or independent living environment: (A) bathing; (B) dressing; (C) grooming; (D) feeding; (E) exercising; (F) toileting; Cont'd... |
