The following words and terms, when used in this chapter, have
the following meaning, unless the context clearly indicates otherwise.
(1) Abuse--
(A) For a person under 18 years of age who is not and
has not been married or who has not had the disabilities of minority
removed for general purposes, the term has the meaning in Texas Family
Code §261.001(1), which is an intentional, knowing, or reckless
act or omission by an employee, volunteer, or other individual working
under the auspices of a facility or program that causes or may cause
emotional harm or physical injury to, or the death of, a child served
by the facility or program, as further described by rule or policy;
and
(B) For a person other than one described in subparagraph
(A) of this paragraph, the term has the meaning in Texas Health and
Safety Code §260A.001(1), which is:
(i) the negligent or willful infliction of injury,
unreasonable confinement, intimidation, or cruel punishment with resulting
physical or emotional harm or pain to a resident by the resident's
caregiver, family member, or other individual who has an ongoing relationship
with the resident; or
(ii) sexual abuse of a resident, including any involuntary
or nonconsensual sexual conduct that would constitute an offense under
Texas Penal Code §21.08 (relating to Indecent Exposure), or Texas
Penal Code, Chapter 22 (relating to Assaultive Offenses), committed
by the resident's caregiver, family member, or other individual who
has an ongoing relationship with the resident.
(2) Accreditation commission--Has the meaning given
in Texas Health and Safety Code §247.032.
(3) Actual harm--A negative outcome that compromises
a resident's physical, mental, or emotional well-being.
(4) Advance directive--Has the meaning given in Texas
Health and Safety Code §166.002.
(5) Affiliate--With respect to:
(A) a partnership, each partner thereof;
(B) a corporation, each officer, director, principal
stockholder, subsidiary, or person with a disclosable interest, as
the term is defined in this section; and
(C) a natural person:
(i) said person's spouse;
(ii) each partnership and each partner thereof, of
which said person or any affiliate of said person is a partner; and
(iii) each corporation in which said person is an officer,
director, principal stockholder, or person with a disclosable interest.
(6) Alzheimer's Assisted Living Disclosure Statement
form--The HHSC-prescribed form a facility uses to describe the nature
of care or treatment of residents with Alzheimer's disease and related
disorders.
(7) Alzheimer's disease and related disorders--Alzheimer's
disease and any other irreversible dementia described by the Centers
for Disease Control and Prevention (CDC), or the most current edition
of the Diagnostic and Statistical Manual of Mental Disorders.
(8) Alzheimer's facility--A Type B facility that is
certified to provide specialized services to residents with Alzheimer's
disease or a related condition.
(9) Applicant--A person applying for a license to operate
an assisted living facility under Texas Health and Safety Code, Chapter
247.
(10) Assisted Living Facility Memory Care Disclosure
Statement form--The HHSC-prescribed form that a facility uses when
the facility advertises, markets, or otherwise promotes that it provides
memory care services to residents with Alzheimer's disease and related
disorders.
(11) Attendant--A facility employee who provides direct
care to residents. This employee may serve other functions, including
cook, janitor, porter, maid, laundry worker, security personnel, bookkeeper,
activity director, and manager.
(12) Authorized electronic monitoring (AEM)--The placement
of an electronic monitoring device in a resident's room and using
the device to make tapes or recordings after making a request to the
facility to allow electronic monitoring.
(13) Behavioral emergency--Has the meaning given in §553.261(g)(2)
of this chapter (relating to Coordination of Care).
(14) Certified ombudsman--Has the meaning given in §88.2
of this title (relating to Definitions).
(15) CFR--Code of Federal Regulations.
(16) Change of ownership--An event that results in
a change to the federal taxpayer identification number of the license
holder of a facility. The substitution of a personal representative
for a deceased license holder is not a change of ownership.
(17) Commingles--The laundering of apparel or linens
of two or more individuals together.
(18) Controlling person--A person with the ability,
acting alone or with others, to directly or indirectly influence,
direct, or cause the direction of the management, expenditure of money,
or policies of a facility or other person. A controlling person includes:
(A) a management company, landlord, or other business
entity that operates or contracts with others for the operation of
a facility;
(B) any person who is a controlling person of a management
company or other business entity that operates a facility or that
contracts with another person for the operation of an assisted living
facility;
(C) an officer or director of a publicly traded corporation
that is, or that controls, a facility, management company, or other
business entity described in subparagraph (A) of this paragraph but
does not include a shareholder or lender of the publicly traded corporation;
and
(D) any other individual who, because of a personal,
familial, or other relationship with the owner, manager, landlord,
tenant, or provider of a facility, is in a position of actual control
or authority with respect to the facility, without regard to whether
the individual is formally named as an owner, manager, director, officer,
provider, consultant, contractor, or employee of the facility, except
an employee, lender, secured creditor, landlord, or other person who
does not exercise formal or actual influence or control over the operation
of a facility.
(19) Covert electronic monitoring--The placement and
use of an electronic monitoring device that is not open and obvious,
and about which the facility and HHSC have not been informed by the
resident, by the person who placed the device in the room, or by a
person who uses the device.
(20) Delegation--In the assisted living facility context,
written authorization by a registered nurse (RN) acting on behalf
of the facility for personal care staff to perform tasks of nursing
care in selected situations, where delegation criteria are met for
the task. The delegation process includes nursing assessment of a
resident in a specific situation, evaluation of the ability of the
personal care staff, teaching the task to the personal care staff,
ensuring supervision of the personal care staff in performing a delegated
task, and re-evaluating the task at regular intervals.
(21) Dietitian--A person who currently holds a license
or provisional license issued by the Texas Department of Licensing
and Regulation.
(22) Direct ownership interest--Ownership of equity
in the capital, stock, or profits of, or a membership interest in,
an applicant or license holder.
(23) Disclosable interest--Five percent or more direct
or indirect ownership interest in an applicant or license holder.
(24) Disclosure statement--An HHSC form for prospective
residents or their legally authorized representatives that a facility
must complete. The form contains information regarding the preadmission,
admission, and discharge process; resident assessment and service
plans; staffing patterns; the physical environment of the facility;
resident activities; and facility services.
(25) Electronic monitoring device--Video surveillance
cameras and audio devices installed in a resident's room, designed
to acquire communications or other sounds that occur in the room.
An electronic, mechanical, or other device used specifically for the
nonconsensual interception of wire or electronic communication is
excluded from this definition.
(26) Exploitation--
(A) For a person under 18 years of age who is not and
has not been married or who has not had the disabilities of minority
removed for general purposes, the term has the meaning in Texas Family
Code §261.001(3), which is the illegal or improper use of a child
or of the resources of a child for monetary or personal benefit, profit,
or gain by an employee, volunteer, or other individual working under
the auspices of a facility or program as further described by rule
or policy; and
(B) For a person other than one described in subparagraph
(A) of this paragraph, the term has the meaning in Texas Health and
Safety Code §260A.001(4), which is the illegal or improper act
or process of a caregiver, family member, or other individual who
has an ongoing relationship with the resident using the resources
of a resident for monetary or personal benefit, profit, or gain without
the informed consent of the resident.
(27) Facility--An entity required to be licensed under
the Assisted Living Facility Licensing Act, Texas Health and Safety
Code, Chapter 247.
(28) Fire suppression authority--The paid or volunteer
fire-fighting organization or tactical unit that is responsible for
fire suppression operations and related duties once a fire incident
occurs within its jurisdiction.
(29) Flame spread--The rate of fire travel along the
surface of a material. This is different than other requirements for
time-rated "burn through" resistance ratings, such as one-hour rated.
Flame spread ratings are Class A (0-25), Class B (26-75), and Class
C (76-200).
(30) Functional disability--A mental, cognitive, or
physical disability that precludes the physical performance of self-care
tasks, including health maintenance activities and personal care.
(31) Governmental unit--The state or any county, municipality,
or other political subdivision, or any department, division, board,
or other agency of any of the foregoing.
(32) Health care professional--An individual licensed,
certified, or otherwise authorized to administer health care, for
profit or otherwise, in the ordinary course of business or professional
practice. The term includes a physician, registered nurse, licensed
vocational nurse, licensed dietitian, physical therapist, and occupational
therapist.
(33) Health maintenance activity (HMA)--Consistent
with 22 TAC §225.4 (relating to Definitions), a task that:
(A) may be exempt from delegation based on an RN's
assessment in accordance with §553.263(c) of this chapter (relating
to Health Maintenance Activities); and
(B) requires a higher level of skill to perform than
personal care services and, in the context of an ALF, excludes the
following tasks:
(i) intermittent catheterization; and
(ii) subcutaneous, nasal, or insulin pump administration
of insulin or other injectable medications prescribed in the treatment
of diabetes mellitus.
(34) HHSC--The Texas Health and Human Services Commission.
(35) Immediate threat to the health or safety of a
resident--A situation that causes, or is likely to cause, serious
injury, harm, or impairment to or the death of a resident.
(36) Immediately available--The capacity of facility
staff to immediately respond to an emergency after being notified
through a communication or alarm system. The staff are to be no more
than 600 feet from the farthest resident and in the facility while
on duty.
(37) Indirect ownership interest--Any ownership or
membership interest in a person that has a direct ownership interest
in an applicant or license holder.
(38) Isolated--A very limited number of residents are
affected, and a very limited number of staff are involved, or the
situation has occurred only occasionally.
(39) Key infectious agents--Bacteria, viruses, and
other microorganisms which cause the most common infections and infectious
diseases in long-term care facilities, and can be mitigated by establishing,
implementing, maintaining, and enforcing proper infection, prevention,
and control policies and procedures.
(40) Large facility--A facility licensed for 17 or
more residents.
(41) Legally authorized representative--A person authorized
by law to act on behalf of a person with regard to a matter described
in this chapter, and may include a parent, guardian, or managing conservator
of a minor, or the guardian of an adult.
(42) License holder--A person that holds a license
to operate a facility.
(43) Listed--Equipment, materials, or services included
in a list published by an organization concerned with evaluation of
products or services, that maintains periodic inspection of production
of listed equipment or materials or periodic evaluation of services,
and whose listing states that either the equipment, material, or service
meets appropriate designated standards or has been tested and found
suitable for a specified purpose. The listing organization must be
acceptable to the authority having jurisdiction, including HHSC or
any other state, federal, or local authority.
Cont'd... |
