| (ii) occupational therapy; and
(iii) speech therapy.
(36) HHSC--The Texas Health and Human Services Commission.
(37) Human service program--An intentional, organized,
ongoing effort designed to provide good to others. The characteristics
of a human service program are:
(A) dependent on public resources and are planned and
provided by the community;
(B) directed toward meeting human needs arising from
day-to-day socialization, health care, and developmental experiences;
and
(C) used to aid, rehabilitate, or treat people in difficulty
or need.
(38) Human services--Include:
(A) personal social services, including:
(i) DAHS;
(ii) counseling;
(iii) in-home care; and
(iv) protective services;
(B) health services, including:
(i) home health;
(ii) family planning;
(iii) preventive health programs;
(iv) nursing facility; and
(v) hospice;
(C) education services, meaning:
(i) all levels of school;
(ii) Head Start; and
(iii) vocational programs;
(D) housing and urban environment services, including
public housing;
(E) income transfer services, including:
(i) Temporary Assistance for Needy Families; and
(ii) Supplemental Nutrition Assistance Program; and
(F) justice and public safety services, including:
(i) parole and probation; and
(ii) rehabilitation.
(39) Immediate threat to the health or safety of an
elderly person or a person with a disability--A situation that causes,
or is likely to cause, serious injury, harm, or impairment to, or
the death of, an elderly person or a person with a disability receiving
services at a facility.
(40) Indirect ownership interest--Any ownership or
membership interest in a person who has a direct ownership interest
in an applicant or license holder.
(41) Individual--A person who applies for or is receiving
services at a facility.
(42) Isolated--When a very limited number of elderly
persons, or persons with disabilities, receiving services at a facility
are affected and a very limited number of staff are involved, or the
situation has occurred only occasionally.
(43) License holder--A person who holds a license to
operate a facility.
(44) Life Safety Code, NFPA 101--The Code for Safety
to Life from Fire in Buildings and Structures, NFPA 101, a publication
of the National Fire Protection Association, Inc. that:
(A) addresses the construction, protection, and occupancy
features necessary to minimize danger to life from fire, including
smoke, fumes, or panic; and
(B) establishes minimum criteria for the design of
egress features to permit prompt escape of occupants from buildings
or, where desirable, into safe areas within the building.
(45) Long-term care facility--A facility that provides
care and treatment or personal care services to four or more unrelated
persons, including:
(A) a nursing facility licensed under Texas Health
and Safety Code, Chapter 242;
(B) an assisted living facility licensed under Texas
Health and Safety Code, Chapter 247; and
(C) an intermediate care facility serving individuals
with an intellectual disability or related conditions licensed under
Texas Health and Safety Code, Chapter 252.
(46) LVN--Licensed vocational nurse. A person licensed
by the Texas Board of Nursing who works under the supervision of an
RN or a physician.
(47) Management services--Services provided under contract
between the owner of a facility and a person to provide for operation
of a facility, including administration, staffing, maintenance, and
delivery of services. Management services do not include contracts
solely for maintenance, laundry, or food services.
(48) Manager--A person who has a contractual relationship
to provide management services to a facility.
(49) Medically related program--A program providing
the services listed in paragraph (37)(B) of this section.
(50) Neglect--Failure to provide for oneself goods
or services, including medical services, that are necessary to avoid
physical harm, mental anguish, or mental illness; or failure of a
caregiver to provide these goods or services.
(51) NFPA--The National Fire Protection Association.
The NFPA is an organization that develops codes, standards, recommended
practices, and guides through a consensus standards development process
approved by the American National Standards Institute.
(52) NFPA 10--Standard for Portable Fire Extinguishers.
A standard developed by the NFPA for selection, installation, inspection,
maintenance, and testing of portable fire extinguishing equipment.
(53) NFPA 13--Standard for the Installation of Sprinkler
Systems. A standard developed by the NFPA for the minimum requirements
for design and installation of automatic fire sprinkler systems, including
the character and adequacy of water supplies and selection of sprinklers,
fittings, pipes, valves, and all maintenance and accessories.
(54) NFPA 70--National Electrical Code. A code developed
by the NFPA for installation of electric conductors and equipment.
(55) NFPA 72--National Fire Alarm Code. A code developed
by the NFPA for application, installation, performance, and maintenance
of fire alarm systems and their components.
(56) NFPA 90A--Standard for the Installation of Air
Conditioning and Ventilating Systems. A standard developed by the
NFPA for systems for the movement of environmental air in structures
that serve spaces over 25,000 cubic feet or buildings of certain heights
and construction types, or both.
(57) NFPA 90B--Standard for the Installation of Warm
Air Heating and Air-Conditioning Systems. A standard developed by
the NFPA for systems for movement of environmental air in one- or
two-family dwellings and structures that serve spaces not exceeding
25,000 cubic feet.
(58) NFPA 96--Standard for Ventilation Control and
Fire Protection of Commercial Cooking Operations. A standard developed
by the NFPA that provides the minimum fire safety requirements related
to design, installation, operation, inspection, and maintenance of
all public and private cooking operations, except for single-family
residential usage.
(59) Nurse--An RN or LVN licensed in the state of Texas.
(60) Nursing services--Services provided by a nurse,
including:
(A) observation;
(B) promoting and maintaining health;
(C) preventing illness and disability;
(D) managing health care during acute and chronic phases
of illness;
(E) guiding and counseling individuals and families;
and
(F) referral to physicians, other health care providers,
and community resources when appropriate.
(61) Online portal--A secure portal provided on the
HHSC website for licensure activities, including for a DAHS facility
applicant to submit licensure applications and information.
(62) Pattern of violation--Repeated, but not widespread
in scope, failures of a facility to comply with Texas Human Resources
Code, Chapter 103, or a rule, standard, or order adopted under Texas
Human Resources Code, Chapter 103 that:
(A) result in a violation; and
(B) are found throughout the services provided by the
facility or that affect or involve the same elderly persons or persons
with disabilities receiving services at the facility or the same facility
employees.
(63) Person--An individual, corporation, or association.
(64) Person with a disability--A person whose functioning
is sufficiently impaired to require frequent medical attention, counseling,
physical therapy, therapeutic or corrective equipment, or another
person's attendance and supervision.
(65) Plan of care--A written plan, based on a health
assessment and developed jointly by a facility and an individual or
the individual's responsible party, that documents the functional
impairment of the individual and the DAHS needed by the individual.
(66) Potential for minimal harm--A violation that has
the potential for causing no more than a minor negative impact to
an individual.
(67) Protective setting--A setting in which an individual's
safety is ensured by the physical environment by staff.
Cont'd... |
