| (32) Ombudsman--Consistent with THSC, §533.039,
an employee of DADS who is responsible for assisting an individual
or LAR if the individual is denied a service by DADS, a DADS program
or facility, or an MRA. The ombudsman must explain and provide information
on DADS and MRA services, facilities, and programs, and the rules,
procedures, and guidelines applicable to the individual denied services,
and assist the individual in gaining access to an appropriate program
or in placing the individual on an appropriate waiting list.
(33) Permanency planning--A philosophy and planning
process that focuses on the outcome of family support for an individual
under 22 years of age by facilitating a permanent living arrangement
in which the primary feature is an enduring and nurturing parental
relationship.
(34) Planning team--A group organized by the MRA and
composed of:
(A) the individual;
(B) the individual's legally authorized representative
(LAR), if any;
(C) actively-involved family members or friends of
the individual who has neither the ability to provide legally adequate
consent nor an LAR;
(D) other concerned persons whose inclusion is requested
by the individual with the ability to provide legally adequate consent
or the LAR;
(E) a representative from the designated MRA; and
(F) a representative from the individual's provider.
(35) PMRA--Persons with Mental Retardation Act, Texas
Health and Safety Code, Title 7, Subtitle D.
(36) Provider--A public or private entity that delivers
community-based residential services and supports for individuals,
including, but not limited to, an intermediate care facility for individuals
with mental retardation (ICF/MR) or a nursing facility. The term also
includes a public or private entity that provides waiver services.
(37) Related services--Services for school eligible
individuals as described in 19 TAC §89.1060 (relating to Definitions
of Certain Related Services).
(38) Respite admission/discharge agreement--A written
agreement between the state MR facility, the individual or LAR, and
MRA, sample copies of which are available from the Department of Aging
and Disability Services, Provider Services Division, State Mental
Retardation Facilities Section, P.O. Box 149030, Mail Code W-511,
Austin, Texas 78714-9030, that describes:
(A) the purpose of the respite admission including
the circumstances that precipitated the need for the admission and
the expected outcomes from the admission;
(B) the length of time the individual will receive
respite services from the state MR facility; and
(C) the responsibilities of each party regarding the
care, treatment, and discharge of the individual.
(39) School eligible--A term describing those individuals
between the ages of three and 22 who are eligible for public education
services.
(40) Service delivery system--All facility and community-based
services and supports operated or contracted for by DADS.
(41) Services and supports--Programs and assistance
for persons with mental retardation that may include a determination
of mental retardation, interdisciplinary team recommendations, education,
special training, supervision, care, treatment, rehabilitation, residential
care, and counseling, but does not include those services or programs
that have been explicitly delegated by law to other state agencies.
(42) Significantly subaverage general intellectual
functioning--Consistent with THSC, §591.003, measured intelligence
on standardized general intelligence tests of two or more standard
deviations (not including standard error of measurement adjustments)
below the age-group mean for the tests used.
(43) State MH facility (state mental health facility)--A
state hospital.
(44) State MR facility (state mental retardation facility)--A
state school or a state center with a mental retardation residential
component.
(45) State MR facility living options instrument--A
written document used to guide the discussion of living options during
a planning meeting that results in a recommendation by the IDT of
whether the individual should remain in the current living arrangement
at the state MR facility or move to an alternative living arrangement.
(46) THSC--Texas Health and Safety Code.
(47) Waiver services--Home and community-based services
provided through a Medicaid waiver program approved by Centers for
Medicare and Medicaid Services (CMS) as described in §1915(c)
of the Social Security Act.
|
| Source Note: The provisions of this §904.5 adopted to be effective January 1, 2001, 25 TexReg 12746; amended to be effective March 31, 2002, 27 TexReg 2445; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective September 1, 2006, 31 TexReg 6783; amended to be effective April 2, 2009, 34 TexReg 2154; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397 |
