| (ii) a person who is a controlling person of a management
company or other business entity that operates an agency or that contracts
with another person for the operation of an agency; and
(iii) any other individual who, because of a personal,
familial, or other relationship with the owner, manager, or provider
of an agency, is in a position of actual control or authority with
respect to the agency, without regard to whether the individual is
formally named as an owner, manager, director, officer, provider,
consultant, contractor, or employee of the agency.
(B) A controlling person, as described by subparagraph
(A)(iii) of this paragraph, does not include an employee, lender,
secured creditor, or other person who does not exercise formal or
actual influence or control over the operation of an agency.
(29) Conviction--An adjudication of guilt based on
a finding of guilt, a plea of guilty, or a plea of nolo contendere.
(30) 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.
(31) DADS--Department of Aging and Disability Services.
(32) Day--Any reference to a day means a calendar day,
unless otherwise specified in the text. A calendar day includes weekends
and holidays.
(33) Deficiency--A finding of noncompliance with federal
requirements resulting from a survey.
(34) Designated survey office--A DADS Home and Community
Support Services Agencies Program office located in an agency's geographic
region.
(35) 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.
(36) Dietitian--A person who is currently licensed
under the laws of the State of Texas to use the title of licensed
dietitian or provisional licensed dietitian, or who is a registered
dietitian.
(37) Disaster--The occurrence or imminent threat of
widespread or severe damage, injury, or loss of life or property resulting
from a natural or man-made cause, such as fire, flood, earthquake,
wind, storm, wave action, oil spill or other water contamination,
epidemic, air contamination, infestation, explosion, riot, hostile
military or paramilitary action, or energy emergency. In a freestanding
hospice, a disaster also includes failure of the heating or cooling
system, power outage, explosion, and bomb threat.
(38) 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.
(39) 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.
(40) Functional need--Needs of the individual that
require services without regard to diagnosis or label.
(41) Health assessment--A determination of a client's
physical and mental status through inventory of systems.
(42) 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.
(43) Home health aide--An individual working for an
agency who meets at least one of the requirements for home health
aides as defined in §97.701 of this chapter (relating to Home
Health Aides).
(44) Home health medication aide--A person permitted
under the Health and Safety Code, Chapter 142, Subchapter B.
(45) 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.
(46) 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.
(47) 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.
(48) Independent living environment--A client's residence,
which may include a group home or foster home, or other settings where
a client participates in activities, including school, work, or church.
(49) Individual/family choice and control--Individuals
and families who express preferences and make choices about how their
support service needs are met.
(50) Individualized service plan--A written plan prepared
by the appropriate health care personnel for a client of a home and
community support services agency licensed to provide personal assistance
services.
(51) 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:
(A) the conditions of participation for inpatient units
adopted under Social Security Act, Title XVIII (42 United States Code §1395
et seq.); and
(B) standards adopted under this chapter.
(52) IRoD--Informal review of deficiencies. An informal
process that allows an agency to refute a deficiency or violation
cited during a survey.
(53) JCAHO--Joint Commission on Accreditation of Healthcare
Organizations. An independent, nonprofit organization for standard-setting
and accrediting in-home care and other areas of health care.
(54) Joint training--Training provided by DADS at least
semi-annually for home and community support services agencies and
DADS surveyors on subjects that address the 10 most commonly cited
violations of federal or state law by home and community support services
agencies as published in DADS annual reports.
(55) Licensed vocational nurse--A person who is currently
licensed under Occupations Code, Chapter 301, as a licensed vocational
nurse.
(56) Life Safety Code (also referred to as NFPA 101)--The
Code for Safety to Life from Fire in Buildings and Structures, Standard
101, of the National Fire Protection Association (NFPA).
(57) Manager--An employee or independent contractor
responsible for providing 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.
(58) Medication administration record--A record used
to document the administration of a client's medications.
(59) Medication list--A list that includes all prescription
and over-the-counter medication that a client is currently taking,
including the dosage, the frequency, and the method of administration.
(60) Mitigation--An action taken to eliminate or reduce
the probability of a disaster, or reduce a disaster's severity or
consequences.
(61) Notarized copy--A sworn affidavit stating that
attached copies are true and correct copies of the original documents.
Cont'd... |
