The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise.
(1) Change of ownership--An event that results in a
change to the federal taxpayer identification number of the license
holder of a facility. The substitution of a personal representative
for a deceased license holder is not a change of ownership.
(2) Community setting--A setting accessible to the
general public within an individual's community.
(3) Day Activity and Health Services (DAHS) directory--A
public list generated and maintained by the HHSC, listing all DAHS
providers, including individualized skills and socialization providers.
(4) Deaf Blind with Multiple Disabilities (DBMD) program--A
waiver program operated by HHSC, as authorized by the Centers for
Medicare & Medicaid Services (CMS) in accordance with §1915(c)
of the Social Security Act.
(5) Home and Community-based Services (HCS) program--A
waiver program operated by HHSC as authorized by CMS in accordance
with §1915(c) of the Social Security Act.
(6) Implementation plan--In the HCS and TxHmL programs,
a written document developed by a program provider outlining outcomes
and objectives for each program service on the individual's IPC to
be provided by the program provider.
(7) Individual--A person who applies for or is receiving
services from an individualized skills and socialization provider.
(8) Individual plan of care (IPC)--A written plan authorized
by HHSC that states the type and amount of each DBMD, TxHmL, or HCS
program service to be provided to the individual during an IPC year.
(9) Individual program plan (IPP)--In the DBMD program,
a written plan documented on an HHSC form and completed by an individual's
case manager that describes the goals and outcomes for each DBMD program
service and Community First Choice (CFC) service, other than CFC support
management, included on the individual's IPC.
(10) Individualized skills and socialization--A DBMD,
TxHmL, or HCS program service described in §260.503 of this title
(relating to Description of Individualized Skills and Socialization), §262.905
of this title (relating to Description of On-Site and Off-Site Individualized
Skills and Socialization), or §263.2005 of this title (relating
to Description of On-Site and Off-Site Individualized Skills and Socialization).
The two types of individualized skills and socialization are on-site
individualized skills and socialization and off-site individualized
skills and socialization.
(11) Individualized skills and socialization provider--A
provider licensed as a DAHS provider by HHSC to provide individualized
skills and socialization services. A provider of individualized skills
and socialization services is considered an individualized skills
and socialization provider once licensed.
(12) In person or in-person--Within the physical presence
of another person who is awake. In person or in-person does not include
using videoconferencing or a telephone.
(13) Legally authorized representative (LAR)--A person
authorized by law to act on behalf of another person with regard to
a matter described in this subchapter, including a parent, guardian,
or managing conservator of a minor; a guardian of an adult; an agent
appointed under a power of attorney; or a representative payee appointed
by the Social Security Administration. An LAR, such as an agent appointed
under a power of attorney or representative payee appointed by the
Social Security Administration, may have limited authority to act
on behalf of a person.
(14) License holder--A person who holds a license as
an individualized skills and socialization provider.
(15) Off-site individualized skills and socialization
only--An individualized skills and socialization service provider
who only delivers off-site individualized skills and socialization
services and does not deliver on-site individualized skills and socialization
services.
(16) On-site individualized skills and socialization
location--The building or a portion of a building that is owned or
leased by an individualized skills and socialization provider where
on-site individualized skills and socialization is provided.
(17) Online licensure portal--The Texas Unified Licensure
Information Portal (TULIP) system. TULIP is the online system for
submitting long-term care licensure applications.
(18) Person-directed plan (PDP)--In the HCS and the
TxHmL programs, a written plan, based on person-directed planning
and developed with an applicant or individual using 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, individual, or LAR and ensures the applicant's
or individual's health and safety.
(19) Program provider--A person, as defined in Texas
Administrative Code, Title 40, §49.102 (relating to Definitions),
who has a contract with HHSC to provide DBMD, TxHmL, or HCS program
services, excluding a financial management services agency.
(20) Service provider--A person, who may be an employee,
contractor, or volunteer of an individualized skills and socialization
provider, who directly provides individualized skills and socialization
services to an individual.
(21) Texas Home Living (TxHmL) program--A waiver program
operated by HHSC and approved by CMS in accordance with §1915(c)
of the Social Security Act.
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