The following words and terms have the following meanings when
used in this chapter, unless the context clearly indicates otherwise:
(1) Abuse--Any of the following:
(A) physical abuse;
(B) sexual abuse; or
(C) verbal or emotional abuse.
(2) Alleged perpetrator--A person alleged to have committed
an act of abuse, neglect, or exploitation of an individual.
(3) Applicant--A Texas resident who requests services
under the CMPAS Program.
(4) Assessor of need--A provider employee responsible
for determining an applicant's or individual's need for CMPAS.
(5) Attendant--A person who provides direct care to
an individual.
(6) Block grant option--One of three CMPAS Program
service delivery and payment options. In the block grant option, the
individual is the employer of record of an attendant and the provider
is the employer of record of a substitute attendant.
(7) CDS option--Consumer directed services option.
One of three CMPAS Program service delivery and payment options. In
the CDS option, the individual is the employer of record of the attendant
and substitute attendant.
(8) Chemical restraint--A medication used to control
an individual's behavior or to restrict the individual's freedom of
movement that is not a standard treatment for the individual's medical
or psychological condition.
(9) CMPAS Program--Consumer Managed Personal Attendant
Services Program. An HHSC program for personal attendant services
in which individuals manage their attendant services to varying degrees.
(10) Contract--The written agreement between HHSC and
a provider to provide services to individuals eligible under this
chapter in exchange for payment.
(11) Contract manager--An HHSC employee who is responsible
for the overall management of a contract.
(12) Controlling person--A person who:
(A) has an ownership interest in a provider;
(B) is an officer or director of a corporation that
is a provider;
(C) is a partner in a partnership that is a provider;
(D) is a member or manager in a limited liability company
that is a provider;
(E) is a trustee or trust manager of a trust that is
a provider; or
(F) because of a personal, familial, or other relationship
with a provider, is in a position of actual control or authority with
respect to the provider, regardless of the person's title.
(13) DADS--HHSC.
(14) DADS region--HHSC region. A region of Texas designated
by HHSC in which the CMPAS Program is available.
(15) DADS regional designee--An HHSC employee appointed
by the HHSC regional director of an HHSC region.
(16) Day--A calendar day, including weekends and holidays.
(17) DFPS--The Department of Family and Protective
Services.
(18) Exploitation--
(A) in the traditional service option and the block
grant option, exploitation means 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, including
theft as defined in Chapter 31 of the Texas Penal Code; and
(B) in the CDS option, exploitation means 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.
(19) Family member--A person who has a duty under state
law to provide care for an individual.
(20) FMSA--Financial management services agency. An
entity that contracts with HHSC to provide financial management services,
as defined in §41.103 of this title (relating to Definitions).
(21) Former military member--A person who served in
the United States Army, Navy, Air Force, Marine Corps, or Coast Guard:
(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.
(22) Health-related task--An activity of daily living,
a health maintenance task, or a nursing task, as described in 22 TAC
Chapter 225.
(23) HHSC--The Texas Health and Human Services Commission.
(24) Home and community support services agency--An
agency licensed under Texas Health and Safety Code, Chapter 142.
(25) IDT--Interdisciplinary team. A designated group
of persons, as described in §44.502(a) of this chapter (relating
to Convening an IDT).
(26) Individual--A person enrolled in the CMPAS Program.
A reference in this chapter to "individual" includes the individual's
LAR, unless the context indicates otherwise.
(27) LAR--Legally authorized representative. A person
authorized by law to act on behalf of an individual with regard to
a matter described in this chapter, including the guardian of an adult.
(28) Mechanical restraint--A mechanical device, material,
or equipment used to control an individual's behavior by restricting
the ability of the individual to freely move part or all of the individual's
body.
(29) Military family member--A person who is the spouse
or child (regardless of age) of:
(A) a military member; or
(B) a former military member.
(30) Military member--A member of the United States
military serving in the Army, Navy, Air Force, Marine Corps, or Coast
Guard on active duty who has declared and maintains Texas as the member's
state of legal residence in the manner provided by the applicable
military branch.
(31) Neglect--A negligent act or omission that caused
physical or emotional injury or death to an individual or placed an
individual at risk of physical or emotional injury or death.
(32) Physical abuse--Any of the following:
(A) an act or failure to act performed knowingly, recklessly,
or intentionally, including incitement to act, that caused physical
injury or death to an individual or placed an individual at risk of
physical injury or death;
(B) an act of inappropriate or excessive force or
corporal punishment, regardless of whether the act results in a physical
injury to an individual; or
(C) the use of a restraint or seclusion.
(33) Physical restraint--Any manual method used to
control an individual's behavior, except for physical guidance or
prompting of brief duration that an individual does not resist, that
restricts:
(A) the free movement or normal functioning of all
or a part of the individual's body; or
(B) normal access by an individual to a portion of
the individual's body.
(34) Practitioner--A physician currently licensed in
Texas, Louisiana, Arkansas, Oklahoma, or New Mexico; a physician assistant
currently licensed in Texas; or an advanced practice registered nurse
licensed by the Texas Board of Nursing.
(35) Practitioner's statement--The HHSC Practitioner's
Statement of Medical Need form.
(36) Provider--A home and community support services
agency that contracts with HHSC to provide services under the CMPAS
Program.
(37) Restraint--Any of the following:
(A) a chemical restraint;
(B) a mechanical restraint; or
(C) a physical restraint.
(38) Representative--An adult designated by an individual,
such as the individual's spouse, relative, or friend, who volunteers
to assist the individual with a responsibility of the individual
described in this chapter.
(39) Seclusion--The involuntary placement of an individual
alone in an area from which the individual is prevented from leaving.
(40) Section 1915(c)--A section of the Social Security
Act that allows states to establish, by waiver of certain Medicaid
requirements, alternative community-based services for individuals
who qualify for institutional services.
(41) Service plan--A document that lists the service
tasks and states the hours of services agreed to by the individual
and assessor of need.
(42) Sexual abuse--Any of the following:
(A) sexual exploitation of an individual;
(B) non-consensual or unwelcomed sexual activity with
an individual; or
Cont'd... |