The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise.
(1) Abuse--
(A) physical abuse;
(B) sexual abuse; or
(C) verbal or emotional abuse.
(2) Actively involved--Significant, ongoing, and supportive
involvement with an applicant or individual by a person, as determined
by the applicant's or individual's service planning team or program
provider, based on the person's:
(A) interactions with the applicant or individual;
(B) availability to the applicant or individual for
assistance or support when needed; and
(C) knowledge of, sensitivity to, and advocacy for
the applicant's or individual's needs, preferences, values, and beliefs.
(3) ADLs--Activities of daily living. Basic personal
everyday activities including tasks such as eating, toileting, grooming,
dressing, bathing, and transferring.
(4) Agency foster home--This term has the meaning set
forth in Texas Human Resources Code §42.002.
(5) Applicant--A Texas resident seeking services in
the Texas Home Living (TxHmL) Program.
(6) Audio-only--An interactive, two-way audio communication
platform that only uses sound.
(7) Auxiliary aid--A service or device that enables
an individual with impaired sensory, manual, or speaking skills to
participate in the person-centered planning process. An auxiliary
aid includes interpreter services, transcription services, and a text
telephone.
(8) Business day--Any day except a Saturday, a Sunday,
or a national or state holiday listed in Texas Government Code §662.003(a)
or (b).
(9) Calendar day--Any day, including weekends and holidays.
(10) CDS option--Consumer directed services option.
A service delivery option as defined in 40 TAC §41.103 (relating
to Definitions).
(11) CFC--Community First Choice.
(12) CFC ERS--CFC emergency response services.
(13) CFC FMS--The term used for financial management
services on the individual plan of care (IPC) of an applicant or individual
if the applicant will receive or the individual receives only CFC
personal assistance services (PAS)/habilitation (HAB) through the
CDS option.
(14) CFC support consultation--The term used for support
consultation on the IPC of an applicant or individual if the applicant
will receive or the individual receives only CFC PAS/HAB through the
CDS option.
(15) CMS--Centers for Medicare & Medicaid Services.
The federal agency within the United States Department of Health and
Human Services that administers the Medicare and Medicaid programs.
(16) Competitive employment--Employment that pays an
individual at least minimum wage if the individual is not self-employed.
(17) Comprehensive nursing assessment--A comprehensive
physical and behavioral assessment of an individual, including the
individual's health history, current health status, and current health
needs, that is completed by a registered nurse (RN).
(18) Contract--A provisional contract or a standard
contract.
(19) Delegated nursing task--A nursing task delegated
by a registered nurse to an unlicensed person in accordance with:
(A) 22 TAC Chapter 224 (relating to Delegation of Nursing
Tasks by Registered Professional Nurses to Unlicensed Personnel for
Clients with Acute Conditions or in Acute Care Environments); and
(B) 22 TAC Chapter 225 (relating to RN Delegation to
Unlicensed Personnel and Tasks Not Requiring Delegation in Independent
Living Environments for Clients with Stable and Predictable Conditions).
(20) DFPS--The Department of Family and Protective
Services.
(21) DID--Determination of intellectual disability.
This term has the meaning set forth in §304.102 of this title
(relating to Definitions).
(22) DID report--Determination of intellectual disability
report. This term has the meaning set forth in §304.102 of this
title.
(23) EVV--Electronic visit verification. This term
has the meaning set forth in 1 TAC §354.4003 (relating to Definitions).
(24) Exploitation--The illegal or improper act or process
of using, or attempting to use, an individual or the resources of
an individual for monetary or personal benefit, profit, or gain.
(25) FMS--Financial management services.
(26) FMSA--Financial management services agency. As
defined in 40 TAC §41.103, an entity that provides FMS to an
individual participating in the CDS option.
(27) Former military member--A person who served in
the United States Army, Navy, Air Force, Marine Corps, Coast Guard,
or Space Force:
(A) who declared and maintained Texas as the person's
state of legal residence in the manner provided by the applicable
military branch while on active duty; and
(B) who was killed in action or died while in service,
or whose active duty otherwise ended.
(28) HCS--Home and Community-based Services. Services
provided through the HCS Program operated by the Texas Health and
Human Services Commission (HHSC) as authorized by CMS in accordance
with §1915(c) of the Social Security Act.
(29) Health maintenance activities--This term has the
meaning set forth in 22 TAC §225.4 (relating to Definitions).
(30) Health-related tasks--Specific tasks related to
the needs of an individual, which can be delegated or assigned by
a licensed health care professional under state law to be performed
by a service provider of CFC PAS/HAB. This includes tasks delegated
by an RN; health maintenance activities, that may not require delegation;
and activities assigned to a service provider of CFC PAS/HAB by a
licensed physical therapist, occupational therapist, or speech-language
pathologist.
(31) HHSC--The Texas Health and Human Services Commission.
(32) Hospital--A public or private institution licensed
or exempt from licensure in accordance with Texas Health and Safety
Code (THSC) Chapters 13, 241, 261, or 552.
(33) IADLs--Instrumental activities of daily living.
Activities related to living independently in the community, including
meal planning and preparation; managing finances; shopping for food,
clothing, and other essential items; performing essential household
chores; communicating by phone or other media; and traveling around
and participating in the community.
(34) ICAP--Inventory for Client and Agency Planning.
An instrument designed to assess a person's needs, skills, and abilities.
(35) ICF/IID--Intermediate care facility for individuals
with an intellectual disability or related conditions. An ICF/IID
is a facility in which ICF/IID Program services are provided and that
is:
(A) licensed in accordance with THSC Chapter 252; or
(B) certified by HHSC, including a state supported
living center.
(36) ICF/IID Program--The Intermediate Care Facilities
for Individuals with an Intellectual Disability or Related Conditions
Program, which provides Medicaid-funded residential services to individuals
with an intellectual disability or related conditions.
(37) ID/RC Assessment--Intellectual Disability/Related
Conditions Program Assessment. A form used by HHSC for level of care
determination and level of need assignment.
(38) Implementation plan--A written document developed
by a program provider for an individual for each TxHmL Program service,
except community support, and for each CFC service, except CFC support
management, on the individual's IPC to be provided by the program
provider. An implementation plan includes:
(A) a list of outcomes identified in the person-directed
plan that will be addressed using TxHmL Program services and CFC services;
(B) specific objectives to address the outcomes required
by subparagraph (A) of this paragraph that are:
(i) observable, measurable, and outcome-oriented; and
(ii) derived from assessments of the individual's strengths,
personal goals, and needs;
(C) a target date for completion of each objective;
(D) the number of units of TxHmL Program services and
CFC services needed to complete each objective;
(E) the frequency and duration of TxHmL Program services
and CFC services needed to complete each objective; and
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