The following words and terms when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
(1) Administrative law judge--An attorney who serves
as a hearings examiner and conducts an EMR hearing.
(2) Agency--An entity, person, facility, or provider,
as defined in §711.1406 of this subchapter (relating to How is
the term agency defined for the purpose of this subchapter?).
(3) APS--The Adult Protective Services division within
the Department of Family and Protective Services, which is authorized
to conduct investigations of alleged abuse, neglect, or exploitation
of certain adults under Chapter 48, Human Resources Code, and certain
children under §261.404, Family Code.
(4) Designated perpetrator--A person determined by
Provider Investigations (PI) to have committed abuse, neglect, or
exploitation who may be eligible for inclusion on the Employee Misconduct
Registry, when the abuse, neglect or exploitation meets the definition
of reportable conduct.
(5) DFPS--The Department of Family and Protective Services.
(6) Employee--A person who:
(A) works for:
(i) an agency, whether as an employee contractor, volunteer
or agent; or
(ii) an individual employer participating in the consumer-directed
service option, as defined by Government Code §531.051;
(B) provides personal care services, active treatment,
or any other services to an individual receiving agency services,
an individual who is a child for whom an investigation is authorized
under Family Code §261.404, or an individual receiving services
through the consumer-directed service option, as defined by Government
Code §531.051; and
(C) is not licensed by the state to perform the services
the person performs for the agency or the individual employer participating
in the consumer-directed service option, as defined by Government
Code §531.051.
(7) EMR--The Employee Misconduct Registry.
(8) EMR hearing--An administrative hearing offered
to a person who has been found to have committed reportable conduct
for the purpose of appealing the finding of reportable conduct as
well as the underlying finding of abuse, neglect, or exploitation.
(9) Executive Commissioner--The executive commissioner
of HHSC or the executive commissioner's designee.
(10) HHSC--The Texas Health and Human Services Commission.
(11) Individual receiving services: an individual receiving
services as provided in §711.3 of this chapter (relating to How
are the terms in this chapter defined?).
(12) In-home investigation--An investigation conducted
by DFPS Adult Protective Services (APS) under Title 40, Texas Administrative
Code, Chapter 705 (relating to Adult Protective Services).
(13) Provider investigation--An investigation conducted
by HHSC Provider Investigations under Chapter 48, Subchapter F, Human
Resources Code, or §261.404, Texas Family Code, as applicable.
(14) PI--The Provider Investigations program within
the Regulatory Services Division of HHSC, which is authorized to conduct
investigations of alleged abuse, neglect, or exploitation of certain
adults under Chapter 48, Human Resources Code, and certain children
under §261.404, Family Code.
(15) Reportable conduct--A confirmed or validated finding
of abuse, neglect or exploitation that meets the definition in §48.401(5),
Human Resources Code, and as further defined in §711.1408 of
this subchapter (relating to What is reportable conduct?).
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