| (D) has the potential to result in actual harm and
is widespread.
(29) DADS--Formerly the Texas Department of Aging and
Disability Services. Its functions have been transferred to the Texas
Health and Human Services Commission.
(30) DFPS--The Department of Family and Protective
Services.
(31) Emergency--An unexpected situation in which the
absence of an immediate response could reasonably be expected to result
in risk to the health and safety of an individual or another person.
(32) Emergency Plan--A written plan that describes
the actions that will be taken to protect individuals, including evacuation
or sheltering-in-place, in the event of an emergency such as a fire
or natural disaster.
(33) Emergency situation--An unexpected situation involving
an individual's health, safety, or welfare, of which a person of ordinary
prudence would determine that the legally authorized representative
(LAR) should be informed, such as:
(A) an individual needing emergency medical care;
(B) an individual being removed from his or her residence
by law enforcement;
(C) an individual leaving his or her residence without
notifying a staff member or service provider and not being located;
and
(D) an individual being moved from his or her residence
to protect the individual (for example, because of a hurricane, fire,
or flood).
(34) Enclosed bed--A protective device that:
(A) is commercially produced;
(B) includes a 360-degree side enclosure, inclusive
of a top cover or canopy; and
(C) must be appropriate for the size and weight of
the individual.
(35) Exploitation--The illegal or improper act or process
of using, or attempting to use, an individual or the resources of
an individual for monetary or personal benefit, profit, or gain.
(36) Family-based alternative--A family setting in
which the family provider or providers are specially trained to provide
support and in-home care for children with disabilities or children
who are medically fragile.
(37) Financial management services (FMS)--A service
that is provided to an individual participating in the CDS option,
as defined in 40 TAC §41.103 (relating to Definitions).
(38) Financial management services agency (FMSA)--An
entity that provides financial management services to an individual
participating in the CDS option, as defined in 40 TAC §41.103.
(39) Follow-up survey--A review by HHSC of a program
provider to determine if the program provider has completed corrective
action.
(40) Former military member--A person who served in
the United States Army, Navy, Air Force, Marine Corps, Coast Guard,
or Space Force:
(A) who declared and maintained Texas as the person's
state of legal residence in the manner provided by the applicable
military branch while on active duty; and
(B) who was killed in action or died while in service,
or whose active duty otherwise ended.
(41) Four-person residence--A residence:
(A) that a program provider leases or owns;
(B) in which at least one person but no more than four
persons receive:
(i) residential support;
(ii) supervised living;
(iii) a non-HCS Program service like residential support
or supervised living (for example, services funded by DFPS or by a
person's own resources); or
(iv) respite;
(C) that, if it is the residence of four persons, at
least one of those persons receives residential support;
(D) that is not the residence of any persons other
than a service provider, the service provider's spouse, or person
with whom the service provider has a spousal relationship, or a person
described in subparagraph (B) of this paragraph; and
(E) that is not a dwelling described in §263.101(a)(5)
of this title (relating to Eligibility Criteria for HCS Program Services
and CFC Services).
(42) General residential operation (GRO)--The term
has the meaning set forth in Texas Human Resources Code §42.002.
(43) Good cause--As used in §565.19(10) of this
chapter (relating to Community First Choice (CFC) Emergency Response
Systems (ERS) Services), a reason outside the control of the CFC ERS
provider, as determined by HHSC.
(44) Health-related tasks--Specific tasks related to
the needs of an individual, which can be delegated or assigned by
licensed health care professionals under state law to be performed
by a service provider of CFC PAS/HAB. These include tasks delegated
by a registered nurse (RN); health maintenance activities as defined
in 22 TAC §225.4 (relating to Definitions), that may not require
delegation; and activities assigned to a service provider of CFC PAS/HAB
by a licensed physical therapist, occupational therapist, or speech-language
pathologist.
(45) Home and Community-based Services Program (HCS
Program)--The program operated by HHSC as authorized by CMS in accordance
with §1915(c) of the Social Security Act.
(46) HHSC--The Texas Health and Human Services Commission.
(47) Instrumental activities of daily living (IADLs)--Activities
related to living independently in the community, including meal planning
and preparation; managing finances; shopping for food, clothing, and
other essential items; performing essential household chores; communicating
by phone or other media; and traveling around and participating in
the community.
(48) ICAP--Inventory for Client and Agency Planning.
(49) ICF/IID--Intermediate care facility for individuals
with an intellectual disability or related conditions. An ICF/IID
is a facility in which the ICF/IID program is:
(A) licensed in accordance with Texas Health and Safety
Code Chapter 252; or
(B) certified by HHSC, including a state supported
living center.
(50) ICF/IID program--The Intermediate Care Facilities
for Individuals with an Intellectual Disability or Related Conditions
Program, which provides Medicaid-funded residential services to individuals
with an intellectual disability or related conditions.
(51) Immediate threat--A situation that causes, or
is likely to cause, serious injury, harm, impairment to, or the death
of an individual.
(52) Implementation plan--A written document developed
by the program provider that, for each HCS Program service, except
for transportation provided as a supported home living activity, and
CFC service, except for CFC support management, on the individual's
IPC to be provided by the program provider, includes:
(A) a list of outcomes identified in the person-directed
plan (PDP) that will be addressed using HCS Program and CFC services;
(B) specific objectives to address the outcomes required
by subparagraph (A) of this paragraph that are:
(i) observable, measurable, and outcome-oriented; and
(ii) derived from assessments of the individual's strengths,
personal goals, and needs;
(C) a target date for completion of each objective;
(D) the number of units of HCS Program and CFC services
needed to complete each objective;
(E) the frequency and duration of HCS Program and CFC
services needed to complete each objective; and
(F) the signature and date of the individual, LAR,
and program provider.
(53) Individual--A person enrolled in the HCS Program.
(54) Individual plan of care (IPC)--A written plan
that:
(A) states:
(i) the type and amount of each HCS Program service
and each CFC service, except for CFC support management, to be provided
to the individual during an IPC year;
(ii) the services and supports to be provided to the
individual through resources other than HCS Program services or CFC
services, including natural supports, medical services, and educational
services; and
(iii) if an individual will receive CFC support management;
and
(B) is authorized by HHSC.
(55) Initial certification survey--A review by HHSC
of a program provider with a provisional contract to determine if
the program provider complies with the certification standards.
(56) Initial IPC--The first IPC for an individual developed
before the individual's enrollment into the HCS Program.
(57) Intellectual disability--Significant sub-average
general intellectual functioning existing concurrently with deficits
in adaptive behavior and manifested during the developmental period.
Cont'd... |
