The following words and terms, when used in this chapter, 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) ALF--Assisted living facility. A facility licensed
in accordance with Texas Health and Safety Code Chapter 247, Assisted
Living Facilities.
(6) Applicant--A Texas resident seeking services in
the Home and Community-Based Services Program.
(7) Audio-only--An interactive, two-way audio communication
platform that only uses sound.
(8) 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.
(9) Business day--Any day except a Saturday, Sunday,
or national or state holiday listed in Texas Government Code §662.003(a)
or (b).
(10) Calendar day--Any day, including weekends and
holidays.
(11) CDS option--Consumer directed services option.
A service delivery option as defined in 40 TAC §41.103 (relating
to Definitions).
(12) CFC--Community First Choice.
(13) CFC ERS--CFC emergency response services.
(14) 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.
(15) 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.
(16) 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.
(17) Competitive employment--Employment that pays an
individual at least minimum wage if the individual is not self-employed.
(18) 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).
(19) Contract--A provisional contract or a standard
contract.
(20) 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 Texas Health and Human Services Commission
(HHSC) website.
(21) Delegated nursing task--A nursing task delegated
by an RN 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).
(22) Designated Representative--This term has the meaning
set forth in 40 TAC §41.103.
(23) DFPS--The Department of Family and Protective
Services.
(24) DID--Determination of intellectual disability.
This term has the meaning set forth in §304.102 of this title
(relating to Definitions).
(25) DID report--Determination of intellectual disability
report. This term has the meaning set forth in §304.102 of this
title.
(26) Emergency--An unexpected situation in which the
absence of an immediate response could reasonably be expected to result
in a risk to the health and safety of an individual or another person.
(27) Emergency situation--An unexpected situation involving
an individual's health, safety, or welfare, of which a person of ordinary
prudence would determine that the legally authorized representative
(LAR) should be informed, such as an individual:
(A) needing emergency medical care;
(B) being removed from the individual's residence by
law enforcement;
(C) leaving the individual's residence without notifying
a staff member or service provider and not being located; and
(D) being moved from the individual's residence to
protect the individual (for example, because of a hurricane, fire,
or flood).
(28) EVV--Electronic visit verification. This term
has the meaning set forth in 1 TAC §354.4003 (relating to Definitions).
(29) 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.
(30) 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.
(31) FMS--Financial management services.
(32) FMSA--Financial management services agency. As
defined in 40 TAC §41.103, an entity that provides financial
management services to an individual participating in the CDS option.
(33) 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.
(34) Four-person residence--A residence:
(A) that a program provider leases or owns;
(B) in which at least one person but no more than four
persons receive:
(i) residential support;
(ii) supervised living;
(iii) a non-HCS Program service similar to residential
support or supervised living (for example, services funded by DFPS
or by a person's own resources); or
(iv) respite;
(C) that, if it is the residence of four persons, at
least one of those persons receives residential support;
(D) that is not the residence of any persons other
than a service provider, the service provider's spouse or person with
whom the service provider has a spousal relationship, or a person
described in subparagraph (B) of this paragraph; and
(E) that is not a setting described in §263.501(b)
of this chapter (relating to Requirements for Home and Community-Based
Service Settings).
(35) GRO--General residential operation. This term
has the meaning set forth in Texas Human Resources Code §42.002.
(36) HCS--Home and Community-based Services. Services
provided through the HCS Program operated by HHSC as authorized by
CMS in accordance with §1915(c) of the Social Security Act.
(37) Health maintenance activities--This term has the
meaning set forth in 22 TAC §225.4 (relating to Definitions).
Cont'd... |
