The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise.
(1) AAA--An area agency on aging (commonly referred
to as a "triple A"). A public or private nonprofit agency or organization,
designated by HHSC in accordance with the Older Americans Act §305(a)(2)(A)
(42 U.S.C. §3025(a)(1)(A)) that develops and implements an area
plan.
(2) Adult--A person who is 18 years of age or older.
(3) Alarm call--A signal transmitted from an electronic
monitoring system to a service provider's response center indicating
a program participant needs immediate assistance.
(4) Area plan--A plan developed and implemented by
a AAA for its planning and service area that establishes a comprehensive
and coordinated system of services in accordance with the Older Americans
Act §306(a) (42 U.S.C. §3026(a)).
(5) Business day--Any day except a Saturday, Sunday,
or legal holiday listed in Texas Government Code §662.021.
(6) Contract--A binding agreement between a AAA and
a subcontractor obligating the subcontractor to take responsibility
for the complete implementation and administration of a service described
in this chapter, including determining which individuals are eligible
to receive such a service and providing the service to such individuals.
(7) Child--A person who is under 18 years of age.
(8) Cost reimbursement--Payment of actual costs incurred
for goods or services.
(9) DADS--Texas Department of Aging and Disability
Services. As a result of the reorganization of health and human services
delivery in Texas, DADS was abolished, and its functions transferred
to the Texas Health and Human Services Commission (HHSC).
(10) Day--A calendar day, unless otherwise specified.
(11) Direct purchase--When items or services are obtained
from a vendor.
(12) Disability (except when such term is used in the
phrase "severe disability")--A disability attributable to mental or
physical impairment, or a combination of mental and physical impairments,
that results in substantial functional limitations in one or more
of the following areas of major life activity:
(A) self-care;
(B) receptive and expressive language;
(C) learning;
(D) mobility;
(E) self-direction;
(F) capacity for independent living;
(G) economic self-sufficiency;
(H) cognitive functioning; and
(I) emotional adjustment.
(13) Electric monitoring system--The equipment used
to allow a program participant to call an ERS vendor for assistance
in the event of an emergency. Such equipment includes an alert bracelet
or necklace that can be activated by the program participant and the
signal box to receive the call from the program participant.
(14) ERS--Emergency response services.
(15) Federal fiscal year--A 12-month period beginning
October 1 and ending September 30.
(16) Fixed unit rate--A negotiated cost for a service,
cost per program participant, or cost per event set forth in a contract
or vendor agreement, that remains the same until the contract or vendor
agreement is renegotiated, regardless of the amount of services provided,
the number of program participants served, or the number of events
that occur.
(17) HHSC--Health and Human Services Commission. HHSC
is the sole state agency (also referred to as the "state unit on aging")
designated in accordance with the Older Americans Act §305(a)(1)
(42 U.S.C. §3025(a)(1)).
(18) Meal provider--A service provider that provides
a congregate or home delivered meal.
(19) Means testing--Using a person's income and resource
data.
(20) Older Americans Act--A federal law enacted to
establish and fund a comprehensive service system for people 60 years
of age or older, which can be found at 42 U.S.C. §§3001-3058ff.
(21) Planning and service area--A geographical area,
consisting of one or more counties, for which HHSC designates one
AAA to develop and implement an area plan.
(22) Program participant--A person receiving a service
described in this chapter.
(23) Responder--A person identified by the program
participant or designated by the AAA who will respond to an alarm
call by a program participant.
(24) Service provider--A subcontractor or a vendor.
(25) Severe disability--A severe, chronic disability
attributable to mental or physical impairment, or a combination of
mental and physical impairments, that:
(A) is likely to continue indefinitely; and
(B) results in substantial functional limitation in
three or more of the major life activities specified in paragraph
(12)(A) - (I) of this section.
(26) Staff person--Personnel, including a full-time
and part-time employee or contractor, and intern but excluding a volunteer.
(27) Statewide carryover pool--An account established
and managed by HHSC that contains award funds not spent by a AAA at
the end of a federal fiscal year as described in §213.303(c)(1)(B)
of this chapter (relating to Unspent Award Funds).
(28) Subcontractor--The party with whom a AAA enters
into a contract.
(29) System check--Activating the call button of an
electronic monitoring system to test the system.
(30) Variable unit rate--A negotiated cost for a service,
cost per program participant, or cost per event set forth in a contract
or vendor agreement that may change depending on the criteria and
conditions set forth in the contract or vendor agreement.
(31) Vendor agreement--A binding agreement between
a AAA and a vendor obligating the vendor to provide goods or services
to individuals determined eligible by the AAA for such goods or services
as part of the AAA's implementation and administration of a service
described in this chapter.
(32) Vendor--The party with whom a AAA enters into
a vendor agreement.
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| Source Note: The provisions of this §213.101 adopted to be effective September 1, 2008, 33 TexReg 7293; amended to be effective September 1, 2011; 36 TexReg 4811; amended to be effective April 5, 2018, 43 TexReg 2027; transferred effective November 15, 2020, as published in the Texas Register October 30, 2020, 45 TexReg 7721; amended to be effective June 3, 2021, 46 TexReg 3415 |
