The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise:
(1) Active treatment--Continuous, aggressive, consistent
implementation of a program of habilitation, specialized and generic
training, treatment, health services, and related services. Active
treatment does not include services to maintain generally independent
individuals who are able to function with little supervision or in
the absence of a continuous active treatment program. The program
must be directed toward:
(A) the acquisition or maintenance of the behaviors
necessary for the individual to function with as much self-determination
and independence as possible; and
(B) the prevention or deceleration of regression or
loss of current optimal functional status.
(2) Actively involved--Significant, ongoing, and supportive
involvement with an individual by a person, as determined by the individual's
IDT, based on the person's:
(A) interactions with the individual;
(B) availability to the individual for assistance or
support when needed; and
(C) knowledge of, sensitivity to, and advocacy for
the individual's needs, preferences, values, and beliefs.
(3) Adult--A person who is 18 years of age or older.
(4) Affiliate--An employee or independent contractor
of a provider applicant or a person with a significant financial
interest in a provider applicant, including the following:
(A) if the provider applicant is a corporation, then
each officer, director, stockholder with an ownership of at least
5 percent, subsidiary, and parent company;
(B) if the provider applicant is a limited liability
company, then each officer, member, subsidiary, and parent company;
(C) if the provider applicant is an individual, then
the individual's spouse, each partnership and each partner thereof
of which the individual is a partner and each corporation in which
the individual is an officer, director, or stockholder with an ownership
of at least 5 percent;
(D) if the provider applicant is a partnership, then
each partner and parent company; or
(E) if the provider applicant is a group of co-owners
under any other business arrangement, then each owner, officer, director,
or the equivalent thereof under the specific business arrangement,
and each parent company.
(5) Applicant--A person seeking enrollment in the ICF/IID
Program or seeking admission to a facility.
(6) Applied income--The portion of an individual's
cost of care that the individual is responsible for paying. The amount
of an individual's applied income is determined by the policies and
procedures authorized by the Health and Human Services Commission
and depends on the individual's earned and unearned income.
(7) Assignment--The transfer of rights, interests,
and obligations of the program provider agreement from the program
provider to another person.
(8) Aversive stimulus--A stimulus that is unpleasant,
noxious, startling, or painful; is applied after an inappropriate
behavior; and is intended to suppress the inappropriate behavior.
(9) Behavior intervention plan--A written plan prescribing
the systematic application of behavioral techniques regarding an individual
that, at a minimum, contains:
(A) reliable and representative baseline data regarding
the targeted behavior;
(B) a specific objective to decrease or eliminate the
targeted behavior;
(C) a functional analysis of the events which contribute
to or maintain the targeted behavior;
(D) detailed procedures for implementing the plan;
(E) ongoing, written quantitative data of the targeted
behavior;
(F) written descriptions of incidents of the targeted
behavior including the individual's actions and staff interventions;
(G) methods for evaluating plan effectiveness;
(H) procedures for making necessary plan revisions
at least annually; and
(I) a fading process for one-to-one supervision, if
the individual is assigned an LON 9.
(10) Budgeted amount--The amount of cash that may
be disbursed to an individual at regular intervals; for example, weekly,
monthly, for discretionary spending without obtaining a sales receipt
for the expenditure.
(11) Campus-based facility--A facility that is located
on the grounds of a state supported living center or the ICF/IID Program
component of Rio Grande State Center.
(12) CARE--DADS Client Assignment and Registration
System, a database with demographic and other data about an individual
who is receiving services and supports or on whose behalf services
and supports have been requested.
(13) Certified capacity--The maximum number of individuals
who may reside in a facility, as set forth in the facility's provider
agreement.
(14) CFR (Code of Federal Regulations)--The compilation
of federal agency regulations.
(15) Community Center--A community center established
under the THSC, Chapter 534, Subchapter A.
(16) Community program provider--A program provider
acting on behalf of a facility that is not a campus-based facility.
(17) CRCG (Community Resource Coordination Group)--A
local interagency group composed of public and private agencies that
develops service plans for individuals whose needs can be met only
through interagency coordination and cooperation. The group's role
and responsibilities are described in the Memorandum of Understanding
on Coordinated Services to Persons Needing Services from More Than
One Agency, available on the Health and Human Services Commission
website at www.hhsc.state.tx.us/crcg/crcg.htm.
(18) DADS--The Department of Aging and Disability Services.
(19) Day--Calendar day, unless otherwise specified.
(20) Department--Department of Aging and Disability
Services.
(21) Discharge--The absence, for a full day or more,
of an individual from the facility in which the individual resides,
if such absence is not during a therapeutic, extended, or special
leave, as described in §9.226 of this subchapter (relating to
Leaves).
(22) DPoC (directed plan of correction)--A plan developed
by DADS sanction team that requires a program provider to take specified
actions within specified time frames to correct the program provider's
failure to meet one or more federal standards of participation (SoPs)
or conditions of participation (CoPs) or lack of compliance with one
or more state rules.
(23) Effortful task--A task directed by staff that
requires physical effort by an individual performed after an inappropriate
behavior, including required exercise, negative practice, and restitutional
overcorrection.
(24) Emergency situation--An unexpected situation involving
an individual's health, safety, or welfare, of which a person of ordinary
prudence would determine that the LAR should be informed, such as:
(A) an individual needing emergency medical care;
(B) an individual being removed from his residence
by law enforcement;
(C) an individual leaving his residence without notifying
staff and not being located; and
(D) an individual being moved from his residence to
protect the individual (for example, because of a hurricane, fire,
or flood).
(25) Excluded--Temporarily or permanently prohibited
by a state or federal authority from participating as a provider in
a federal health care program, as defined in 42 USC §1302a-7b(f).
(26) Exclusionary time-out--A procedure by which an
individual is, after an inappropriate behavior, placed alone in an
enclosed area in which positive reinforcement is not available and
from which egress is physically prevented by staff until appropriate
behavior is exhibited.
(27) Facility--An intermediate care facility for individuals
with an intellectual disability or related conditions.
(28) Family-based alternative--A family setting in
which the family provider or providers are specially trained to provide
support and in-home care for children with disabilities or children
who are medically fragile.
(29) Full day--A 24-hour period extending from midnight
to midnight.
(30) Highly restrictive procedure--The application
of an aversive stimulus, exclusionary time-out, physical restraint,
a requirement to engage in an effortful task, or other technique with
a similar degree of restriction or intrusion to manage an individual's
inappropriate behavior.
Cont'd... |
