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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 565HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS
SUBCHAPTER BOVERVIEW
RULE §565.3Definitions

  (58) Intellectual Disability/Related Conditions Assessment (ID/RC Assessment)--A form used by HHSC for level of care (LOC) determination and level of need (LON) assignment.

  (59) Intermittent survey--A review by HHSC of a program provider, which may originate from a complaint, that is not an initial certification survey, a recertification survey, or a follow-up survey, to determine if the program provider complies with the certification standards.

  (60) IPC cost--Estimated annual cost of HCS Program services included on an IPC.

  (61) IPC year--A 12-month time period starting on the date an initial or renewal IPC begins. A revised IPC does not change the begin or end date of an IPC year.

  (62) Isolated--The scope of a violation that has affected a very limited number of individuals or that has occurred only occasionally.

  (63) Legally authorized representative (LAR)--A person authorized by law to act on behalf of a person in a matter described in this subchapter, and may include a parent, guardian, or managing conservator of a minor, or the guardian of an adult.

  (64) Level of care (LOC)--A determination given to an individual as part of the eligibility determination process based on data submitted on the ID/RC Assessment.

  (65) Level of need (LON)--An assignment given by HHSC to an individual upon which reimbursement for host home/companion care, supervised living, residential support, and individualized skills and socialization is based.

  (66) Licensed vocational nurse (LVN)--A person licensed to practice vocational nursing in accordance with Texas Occupations Code Chapter 301.

  (67) Local intellectual and developmental disability authority (LIDDA)--An entity designated by the HHSC Executive Commissioner, in accordance with Texas Health and Safety Code §533A.035.

  (68) Managed care organization--This term has the meaning set forth in Texas Government Code §536.001.

  (69) Means of escape--A continuous and unobstructed path of travel from an occupied portion of a building to an outside area.

  (70) 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.

  (71) Medical Assistance Only Medicaid (MAO Medicaid)--A type of Medicaid for which an applicant or individual qualifies financially for Medicaid assistance but does not receive Supplemental Security Income benefits.

  (72) Microboard--A program provider:

    (A) that is a non-profit corporation:

      (i) that is created and operated by no more than 10 persons, including an individual;

      (ii) the purpose of which is to address the needs of the individual and directly manage the provision of HCS Program services or CFC services; and

      (iii) in which each person operating the corporation participates in addressing the needs of the individual and directly managing the provision of HCS Program services or CFC services; and

    (B) that has a service capacity designated in the HHSC data system of no more than three individuals.

  (73) 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.

  (74) Military member--A member of the United States military serving in the Army, Navy, Air Force, Marine Corps, Coast Guard, or Space Force 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.

  (75) Natural supports--Unpaid persons, including family members, volunteers, neighbors, and friends, who assist an individual.

  (76) 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.

  (77) Nursing facility--A facility licensed in accordance with Texas Health and Safety Code Chapter 242.

  (78) Pattern--The scope of a violation that is not widespread but represents repeated failures by the program provider to comply with certification standards and the failures:

    (A) are found throughout the services provided by the program provider; or

    (B) involve or affect the same individuals, service providers, or volunteers.

  (79) Permanency planning--A philosophy and planning process that focuses on the outcome of family support for an applicant or individual under 22 years of age by facilitating a permanent living arrangement in which the primary feature is an enduring and nurturing parental relationship.

  (80) Permanency Planning Review Screen--A screen in the HHSC data system, completed by a LIDDA, that identifies community supports needed to achieve an applicant's or individual's permanency planning outcomes and provides information necessary for approval to provide supervised living or residential support to the applicant or individual.

  (81) Person-directed plan (PDP)--A written plan, based on person-directed planning and developed with an applicant or individual in accordance with the HHSC Person-Directed Plan form and discovery tool found on the HHSC website, that describes the supports and services necessary to achieve the desired outcomes identified by the applicant or individual (and LAR on the applicant's or individual's behalf) and ensure the applicant's or individual's health and safety.

  (82) Person-directed planning--An ongoing process that empowers the applicant or individual (and the LAR on the applicant's or individual's behalf) to direct the development of a PDP. The process:

    (A) identifies supports and services necessary to achieve the applicant's or individual's outcomes;

    (B) identifies existing supports, including natural supports and other supports available to the applicant or individual and negotiates needed services system supports;

    (C) occurs with the support of a group of people chosen by the applicant or individual (and the LAR on the applicant's or individual's behalf); and

    (D) accommodates the applicant's or individual's style of interaction and preferences.

  (83) 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;

    (C) the use of a restraint on an individual in a manner that is not in compliance with federal and state laws, rules, and regulations; or

    (D) seclusion.

  (84) 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.

  (85) Plan of correction--A plan documented on the HHSC Plan of Correction form that includes the corrective action that a program provider will take for each violation identified on a final survey report.

  (86) Plan of removal--A written plan that describes the action a program provider will take to remove an immediate threat that HHSC identifies.

  (87) Post 45-day follow-up survey--A follow-up survey conducted at least 46 calendar days after the exit conference of the survey in which the violation requiring corrective action was identified.

  (88) Post-move monitoring visit--A visit conducted by the service coordinator in accordance with the Intellectual and Developmental Disability Preadmission Screening and Resident Review (IDD-PASRR) Handbook.

  (89) Pre-enrollment minor home modifications--Minor home modifications, as described in the HCS Program Billing Requirements, completed before an applicant is discharged from a nursing facility, an ICF/IID, or a GRO and before the effective date of the applicant's enrollment in the HCS Program.

  (90) Pre-enrollment minor home modifications assessment--An assessment performed by a licensed professional as required by the HCS Program Billing Requirements to determine the need for pre-enrollment minor home modifications.

  (91) Pre-move site review--A review conducted by the service coordinator in accordance with HHSC's IDD-PASRR Handbook.

Cont'd...

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