The following words and terms, when used in this chapter, have
the following meaning, unless the context clearly indicates otherwise.
(1)Abuse--
(A)For [for] a person under
18 years of age who is not and has not been married or who has not
had the disabilities of minority removed for general purposes, the
term has the meaning in Texas Family Code §261.001(1) [
§261.401(1)], which is an intentional, knowing, or reckless
act or omission by an employee, volunteer, or other individual working
under the auspices of a facility or program that causes or may cause
emotional harm or physical injury to, or the death of, a child served
by the facility or program as further described by rule or policy;
and
(B)For [for] a person other
than one described in subparagraph (A) of this paragraph, the term
has the meaning in Texas Health and Safety Code §260A.001(1),
which is:
(i)the negligent or willful infliction of injury,
unreasonable confinement, intimidation, or cruel punishment with resulting
physical or emotional harm or pain to a resident by the resident's
caregiver, family member, or other individual who has an ongoing relationship
with the resident; or
(ii)sexual abuse of a resident, including any involuntary
or nonconsensual sexual conduct that would constitute an offense under
Section 21.08, Penal Code (indecent exposure), or Chapter 22, Penal
Code (assaultive offenses), committed by the resident's caregiver,
family member, or other individual who has an ongoing relationship
with the resident.
(2)Accreditation commission--Has the meaning given
in Texas Health and Safety Code, §247.032.
(3)Actual harm--A negative outcome
that compromises a resident's physical, mental, or emotional well-being.
(4)[(3)] Advance directive--Has
the meaning given in Texas Health and Safety Code, §166.002.
(5)[(4)] Affiliate--With respect
to:
(A)a partnership, each partner thereof;
(B)a corporation, each officer, director, principal
stockholder, subsidiary, and each person with a disclosable interest,
as the term is defined in this section; and
(C)a natural person:
(i)said person's spouse;
(ii)each partnership and each partner thereof of which
said person or any affiliate of said person is a partner; and
(iii)each corporation in which said person is an officer,
director, principal stockholder, or person with a disclosable interest.
(6)[(5)] Alzheimer's Assisted
Living Disclosure Statement form--The HHSC-prescribed form a facility
uses to describe the nature of care or treatment of residents with
Alzheimer's disease and related disorders.
(7)[(6)] Alzheimer's disease
and related disorders--Alzheimer's disease and any other irreversible
dementia described by the Centers for Disease Control and Prevention
(CDC) or the most current edition of the Diagnostic and Statistical
Manual of Mental Disorders.
(8)[(7)] Alzheimer's facility--A
type B assisted living facility that is certified to provide specialized
services to residents with Alzheimer's or a related condition.
(9)[(8)] Applicant--A person
applying for a license to operate an assisted living facility under
Texas Health and Safety Code, Chapter 247.
(10)[(9)] Attendant--A facility
employee who provides direct care to residents. This employee may
serve other functions, including cook, janitor, porter, maid, laundry
worker, security personnel, bookkeeper, activity director, and manager.
(11)[(10)] Authorized electronic
monitoring (AEM)--The placement of an electronic monitoring device
in a resident's room and using the device to make tapes or recordings
after making a request to the facility to allow electronic monitoring.
(12)[(11)] Behavioral emergency--Has
the meaning given in §92.41(p)(2) of this chapter (relating to
Standards for Type A and Type B Assisted Living Facilities).
(13)[(12)] Certified ombudsman--Has
the meaning given in 26 TAC §88.2 (relating to Definitions).
(14)[(13)] CFR--Code of Federal
Regulations.
(15)[(14)] Change of ownership--An
event that results in a change to the federal taxpayer identification
number of the license holder of a facility. The substitution of a
personal representative for a deceased license holder is not a change
of ownership.
(16)[(15)] Commingles--The laundering
of apparel or linens of two or more individuals together.
(17)[(16)] Controlling person--A
person with the ability, acting alone or with others, to directly
or indirectly influence, direct, or cause the direction of the management,
expenditure of money, or policies of an assisted living facility or
other person. A controlling person includes:
(A)a management company, landlord, or other business
entity that operates or contracts with others for the operation of
an assisted living facility;
(B)any person who is a controlling person of a management
company or other business entity that operates an assisted living
facility or that contracts with another person for the operation of
an assisted living facility;
(C)an officer or director of a publicly traded corporation
that is, or that controls, a facility, management company, or other
business entity described in subparagraph (A) of this paragraph but
does not include a shareholder or lender of the publicly traded corporation;
and
(D)any other individual who, because of a personal,
familial, or other relationship with the owner, manager, landlord,
tenant, or provider of an assisted living facility, is in a position
of actual control or authority with respect to the facility, without
regard to whether the individual is formally named as an owner, manager,
director, officer, provider, consultant, contractor, or employee of
the facility, except an employee, lender, secured creditor, landlord,
or other person who does not exercise formal or actual influence or
control over the operation of an assisted living facility.
(18)[(17)] Covert electronic
monitoring--The placement and use of an electronic monitoring device
that is not open and obvious, and the facility and HHSC have not been
informed about the device by the resident, by a person who placed
the device in the room, or by a person who uses the device.
(19)[(18)] DADS-- Prior to September
1, 2017, the Department of Aging and Disability Services. September
1, 2017, and after, the Texas Health and Human Services Commission
(HHSC).
(20)[(19)] DHS--Formerly, this
term referred to the Texas Department of Human Services; it now refers
to HHSC.
(21)[(20)] Dietitian--A person
who currently holds a license or provisional license issued by the
Texas State Board of Examiners of Dietitians.
(22)[(21)] Direct ownership
interest--Ownership of equity in the capital, stock, or profits of,
or a membership interest in, an applicant or license holder.
(23)[(22)] Disclosable interest--Five
percent or more direct or indirect ownership interest in an applicant
or license holder.
(24)[(23)] Disclosure statement--An
HHSC form for prospective residents or their legally authorized representatives
that a facility must complete. The form contains information regarding
the preadmission, admission, and discharge process; resident assessment
and service plans; staffing patterns; the physical environment of
the facility; resident activities; and facility services.
(25)[(24)] Electronic monitoring
device--Video surveillance cameras and audio devices installed in
a resident's room, designed to acquire communications or other sounds
that occur in the room. An electronic, mechanical, or other device
used specifically for the nonconsensual interception of wire or electronic
communication is excluded from this definition.
(26)[(25)] Exploitation--
(A)For [for] a person under
18 years of age who is not and has not been married or who has not
had the disabilities of minority removed for general purposes, the
term has the meaning in Texas Family Code §261.001(3) [
§261.401(2)], which is the illegal or improper use of a
child or of the resources of a child for monetary or personal benefit,
profit, or gain by an employee, volunteer, or other individual working
under the auspices of a facility or program as further described by
rule or policy; and
(B)For [(for)] a person other
than one described in subparagraph (A) of this paragraph, the term
has the meaning in Texas Health and Safety Code §260A.001(4),
which is the illegal or improper act or process of a caregiver, family
member, or other individual who has an ongoing relationship with the
resident using the resources of a resident for monetary or personal
benefit, profit, or gain without the informed consent of the resident.
(27)[(26)] Facility--An entity
required to be licensed under the Assisted Living Facility Licensing
Act, Texas Health and Safety Code, Chapter 247.
(28)[(27)] Fire suppression
authority--The paid or volunteer fire-fighting organization or tactical
unit that is responsible for fire suppression operations and related
duties once a fire incident occurs within its jurisdiction.
(29)[(28)] Flame spread--The
rate of fire travel along the surface of a material. This is different
than other requirements for time-rated "burn through" resistance
ratings, such as one-hour rated. Flame spread ratings are Class A
(0-25), Class B (26-75), and Class C (76-200).
(30)[(29)] Governmental unit--The
state or any county, municipality, or other political subdivision,
or any department, division, board, or other agency of any of the
foregoing.
(31)[(30)] Health care professional--An
individual licensed, certified, or otherwise authorized to administer
health care, for profit or otherwise, in the ordinary course of business
or professional practice. The term includes a physician, registered
nurse, licensed vocational nurse, licensed dietitian, physical therapist,
and occupational therapist.
[(31)Immediate threat--There is considered
to be an immediate threat to the health or safety of a resident, or
a situation is considered to put the health or safety of a resident
in immediate jeopardy, if there is a situation in which an assisted
living facility's noncompliance with one or more requirements of licensure
has caused, or is likely to cause, serious injury, harm, impairment,
or death to a resident.]
(32)HHSC--The Texas Health and Human Services Commission.
(33)Immediate threat to the health
or safety of a resident--A situation that causes, or is likely to
cause, serious injury, harm, or impairment to or the death of a resident.
(34)[(32)] Immediately available--The
capacity of facility staff to immediately respond to an emergency
after being notified through a communication or alarm system. The
staff are to be no more than 600 feet from the farthest resident and
in the facility while on duty.
(35)[(33)] Indirect ownership
interest--Any ownership or membership interest in a person that has
a direct ownership interest in an applicant or license holder.
(36)Isolated-- A very
limited number of residents are affected and a very limited number
of staff are involved, or the situation has occurred only occasionally
or in a very limited number of locations.
(37)[(34)] Large facility--A
facility licensed for 17 or more residents.
(38)[(35)] Legally authorized
representative--A person authorized by law to act on behalf of a person
with regard to a matter described in this chapter, and may include
a parent, guardian, or managing conservator of a minor, or the guardian
of an adult.
(39)[(36)] License holder--A
person that holds a license to operate a facility.
(40)[(37)] Listed--Equipment,
materials, or services included in a list published by an organization
concerned with evaluation of products or services, that maintains
periodic inspection of production of listed equipment or materials
or periodic evaluation of services, and whose listing states that
either the equipment, material, or service meets appropriate designated
standards or has been tested and found suitable for a specified purpose.
The listing organization must be acceptable to the authority having
jurisdiction, including HHSC or any other state, federal, or local
authority.
(41)[(38)] Local code--A model
building code adopted by the local building authority where the assisted
living facility is constructed or located.
(42)[(39)] Management services--Services
provided under contract between the owner of a facility and a person
to provide for the operation of a facility, including administration,
staffing, maintenance, or delivery of resident services. Management
services do not include contracts solely for maintenance, laundry,
transportation, or food services.
(43)[(40)] Manager--The individual
in charge of the day-to-day operation of the facility.
(44)[(41)] Managing local ombudsman--Has
the meaning given in 26 TAC §88.2.
(45)[(42)] Medication--
(A)Medication is any substance:
(i)recognized as a drug in the official United States
Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States,
Texas Drug Code Index or official National Formulary, or any supplement
to any of these official documents;
(ii)intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease;
(iii)other than food intended to affect the structure
or any function of the body; and
(iv)intended for use as a component of any substance
specified in this definition.
(B)Medication includes both prescription and over-the-counter
medication, unless otherwise specified.
(C)Medication does not include devices or their components,
parts, or accessories.
(46)[(43)] Medication administration--The
direct application of a medication or drug to the body of a resident
by an individual legally allowed to administer medication in the state
of Texas.
(47)[(44)] Medication assistance
or supervision--The assistance or supervision of the medication regimen
by facility staff. Refer to §92.41(j) of this chapter.
(48)[(45)] Medication (self-administration)--The
capability of a resident to administer the resident's own medication
or treatments without assistance from the facility staff.
(49)[(46)] Neglect--
(A)For [for] a person under
18 years of age who is not and has not been married or who has not
had the disabilities of minority removed for general purposes, the
term has the meaning in Texas Family Code, §261.001(4) [§261.401(3)
], which is a negligent act or omission by an employee, volunteer,
or other individual working under the auspices of a facility or program,
including failure to comply with an individual treatment plan, plan
of care, or individualized service plan, that causes or may cause
substantial emotional harm or physical injury to, or the death of,
a child served by the facility or program as further described by
rule or policy; and
(B)For [for] a person other
than one described in subparagraph (A) of this paragraph, the term
has the meaning in Texas Health and Safety Code §260A.001(6),
which is the failure to provide for one's self the goods or services,
including medical services, which are necessary to avoid physical
or emotional harm or pain or the failure of a caregiver to provide
such goods or services.
(50)[(47)] NFPA 101--The 2000
publication titled "NFPA 101 Life Safety Code" published
by the National Fire Protection Association, Inc., 1 Batterymarch
Park, Quincy, Massachusetts 02169.
(51)[(48)] Ombudsman intern--Has
the meaning given in 26 TAC §88.2.
(52)[(49)] Ombudsman program--Has
the meaning given in 26 TAC §88.2.
(53)Pattern of violation--Repeated,
but not widespread in scope, failures of a facility to comply with
this chapter or a rule, standard, or order adopted under Texas Health
and Safety Code, Chapter 247 that:
(A)result in a violation; and
Cont'd...
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