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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 303PREADMISSION SCREENING AND RESIDENT REVIEW (PASRR)
SUBCHAPTER AGENERAL PROVISIONS
RULE §303.102Definitions

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise.

  (1) Actively involved person--An individual who has significant, ongoing, and supportive involvement with a designated resident, as determined by the SPT based on the individual's:

    (A) observed interactions with the designated resident;

    (B) availability to the designated resident for assistance or support when needed; and

    (C) knowledge of, sensitivity to, and advocacy for the designated resident's needs, preferences, values, and beliefs.

  (2) Acute care hospital--A health care facility in which an individual receives short-term treatment for a severe physical injury or episode of physical illness, an urgent medical condition, or recovery from surgery and:

    (A) may include a long-term acute care hospital, an emergency room within an acute care hospital, or an inpatient rehabilitation hospital; and

    (B) does not include a stand-alone psychiatric hospital or a psychiatric hospital within an acute care hospital.

  (3) Alternate placement assistance--Assistance provided to a resident to locate and secure services chosen by the resident or LAR that meets the resident's needs in a setting other than a NF. Alternate placement assistance includes transition planning, pre-move site review, and post-move monitoring.

  (4) APRN--Advance practice registered nurse. An individual licensed to practice professional nursing as an advance practice registered nurse in accordance with Texas Occupations Code Chapter 301.

  (5) Audio-only--An interactive, two-way audio communication that uses only sound and that meets the privacy requirements of the Health Insurance Portability and Accountability Act. Audio-only includes the use of telephonic communication. Audio-only does not include audio-visual or in-person communication.

  (6) Audio-visual--An interactive, two-way audio and video communication that conforms to privacy requirements under the Health Insurance Portability and Accountability Act. Audio-visual does not include audio-only or in-person communication.

  (7) Behavioral support--An IHSS that:

    (A) is assistance provided for a designated resident to increase adaptive behaviors and to replace or modify maladaptive behaviors that prevent or interfere with the designated resident's interpersonal relationships across all service and social settings;

    (B) is delivered in the NF or in a community setting; and

    (C) consists of:

      (i) assessing the behaviors to be targeted in an appropriate behavior support plan and analyzing those assessment findings;

      (ii) developing an individualized behavior support plan that reduces or eliminates the target behaviors, assisting the designated resident in achieving the outcomes identified in the HSP;

      (iii) training and consulting with the LAR, family members, NF staff, other support providers, and the designated resident about the purpose, objectives, and methods of the behavior support plan;

      (iv) implementing the behavior support plan or revisions to the behavior support plan and documenting service delivery in accordance with the IDD Habilitative Specialized Services Billing Guidelines;

      (v) monitoring and evaluating the success of the behavior support plan implementation;

      (vi) revising the behavior support plan as necessary; and

      (vii) participating in SPT and IDT meetings.

  (8) Business day--Any day except Saturday, 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) CMWC--Customized manual wheelchair. In accordance with §554.2703(5) of this title (relating to Definitions) and consistent with the requirements of Texas Human Resources Code §32.0425, a wheelchair that consists of a manual mobility base and customized seating system and is adapted and fabricated to meet the individualized needs of a designated resident.

  (11) Collateral contact--A person who is knowledgeable about the individual seeking admission to a NF or the resident, such as family members, previous providers or caregivers, and who may support or corroborate information provided by the individual or resident.

  (12) Coma--A state of unconsciousness characterized by the inability to respond to sensory stimuli as documented by a physician.

  (13) Convalescent care--A type of care provided after an individual's release from an acute care hospital that is part of a medically prescribed period of recovery.

  (14) Day habilitation--An IHSS that:

    (A) is assistance provided for a designated resident to acquire, retain, or improve self-help, socialization, and adaptive skills necessary to successfully and actively participate in all service and social settings;

    (B) is delivered in a setting other than the designated resident's NF;

    (C) does not include services provided under the Day Activity and Health Services program;

    (D) includes expanded interactions, skills training activities, and programs of greater intensity or frequency beyond those a NF is required to provide by 42 Code of Federal Regulations (CFR) §483.24; and

    (E) consists of:

      (i) individualized activities consistent with achieving the outcomes identified in a designated resident's HSP to attain, learn, maintain, or improve skills;

      (ii) activities necessary to reinforce therapeutic outcomes targeted by other support providers and other specialized services;

      (iii) services in a group setting at a location other than a designated resident's NF for up to five days per week, six hours per day, on a regularly scheduled basis;

      (iv) personal assistance for a designated resident who cannot manage personal care needs during the day habilitation activity;

      (v) transportation between the NF and the day habilitation site, as well as during the day habilitation activity necessary for a designated resident's participation in day habilitation activities; and

      (vi) participating in SPT and IDT meetings.

  (15) DD--Developmental disability. A disability that meets the criteria described in the definition of "persons with related conditions" in 42 CFR §435.1010.

  (16) Delirium--A serious disturbance in an individual's mental abilities that results in a decreased awareness of the individual's environment and confused thinking.

  (17) Designated resident--An individual:

    (A) whose PE or resident review is positive for ID or DD;

    (B) who is 21 years of age or older;

    (C) who is a Medicaid recipient; and

    (D) who is a resident or has transitioned to the community from a NF within the previous 365 days.

  (18) DME--Durable medical equipment. The items described in §554.2703(10) of this title.

  (19) Emergency protective services--Services furnished by the Department of Family and Protective Services to an elderly or disabled individual who has been determined to be in a state of abuse, neglect, or exploitation.

  (20) Employment assistance--An IHSS that:

    (A) is assistance provided for a designated resident who requires intensive help locating competitive employment in the community; and

    (B) consists of:

      (i) identifying a designated resident's employment preferences, job skills, and requirements for a work setting and work conditions;

      (ii) locating prospective employers offering employment compatible with a designated resident's identified preferences, skills, and requirements;

      (iii) contacting prospective employers on a designated resident's behalf and negotiating the designated resident's employment;

      (iv) transporting a designated resident between the NF and the site where employment assistance services are provided and as necessary to help the designated resident locate competitive employment in the community; and

      (v) participating in SPT and IDT meetings.

  (21) Essential supports--Those supports identified in a transition plan that are critical to a designated resident's health and safety and that are directly related to a designated resident's successful transition to living in the community from residing in a NF.

Cont'd...

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