The following terms and phrases, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise:
(1) Actively involved--Significant, ongoing, and supportive
involvement with an individual by a person, as determined by the LIDDA,
based on the person's:
(A) interactions with the individual;
(B) availability to the individual for assistance or
support when needed; and
(C) knowledge of, sensitivity to, and advocacy for
the individual's needs, preferences, values, and beliefs.
(2) Adaptive behavior--The effectiveness with or degree
to which an individual meets the standards of personal independence
and social responsibility expected of the individual's age and cultural
group as assessed by a standardized measure.
(3) Behavioral emergency--A situation in which severely
aggressive, destructive, violent, or self-injurious behavior exhibited
by an individual:
(A) poses a substantial risk of imminent probable death
of, or substantial bodily harm to, the individual or others;
(B) has not abated in response to attempted preventive
de-escalatory or redirection techniques;
(C) is not addressed in a written behavioral support
plan; and
(D) does not occur during a medical or dental procedure.
(4) Behavioral support--Specialized interventions that
assist an individual with increasing adaptive behaviors to replace
or modify maladaptive or socially unacceptable behaviors that prevent
or interfere with the individual's inclusion in home and family life
or community life.
(5) Capacity--A person's ability to:
(A) understand the information provided to the person
regarding a proposed psychoactive medication or behavioral support
plan as described in §2.313(d)(1) or (e)(3) of this subchapter
(relating to Health, Safety, and Rights); and
(B) make a decision whether to take the proposed medication
or accept the behavioral support plan.
(6) CFC--Community First Choice. A Medicaid state plan
benefit described in 1 TAC Chapter 354, Subchapter A, Division 27
(relating to Community First Choice).
(7) CRCG--Community resource coordination group. A
local interagency group composed of public and private agencies, organizations,
and families that develops a coordinated plan of services and supports
for an individual with complex needs. 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 at
www.dads.state.tx.us.
(8) DADS--The Department of Aging and Disability Services.
(9) Designated LIDDA--The LIDDA assigned to an individual
in DADS data system.
(10) Developmental period--Birth through 17 years of
age.
(11) General revenue services--Non-residential intellectual
and developmental disability services funded by general revenue through
the performance contract, including:
(A) eligibility determinations;
(B) service coordination not funded by Medicaid Targeted
Case Management; and
(C) respite.
(12) HCS Program--The Home and Community-based Services
Program. A program operated by DADS and approved by the Centers for
Medicare and Medicaid Services in accordance with §1915(c) of
the Social Security Act that provides community-based services and
supports to eligible individuals who live in their own homes or family
homes or other residences permitted under DADS rules related to the
HCS Program.
(13) ICF/IID Program--The Intermediate Care Facility
for Individuals with an Intellectual Disability or Related Conditions
Program. A program operated by DADS in accordance with the Social
Security Act that provides Medicaid-funded residential services to
individuals with an intellectual disability or a related condition.
(14) Individual--A person seeking or receiving services
and supports from a LIDDA.
(15) Informed consent--Consent given by an individual
or the individual's LAR if the person giving the consent:
(A) is:
(i) 18 years of age or older; or
(ii) younger than 18 years of age and is or has been
married or had the disabilities of minority removed for general purposes
by court order as described in the Texas Family Code, Chapter 31;
(B) has not been determined by a court to lack capacity
to make decisions with regard to the matter for which consent is being
sought;
(C) has been provided the information described in §2.313(d)(1)
or (e)(3) of this subchapter;
(D) has the capacity to give consent, as determined
by the prescribing physician or the professional who develops the
behavioral support plan, as applicable; and
(E) gives the consent voluntarily, free from coercion
or undue influence.
(16) Intellectual disability--Consistent with THSC, §591.003,
significantly subaverage general intellectual functioning existing
concurrently with deficits in adaptive behavior and manifested during
the developmental period.
(17) LAR--Legally authorized representative. A person
authorized by law to act on behalf of an individual with regard to
a matter described in this subchapter, and who may be a parent, guardian,
or managing conservator of a minor, or the guardian of an adult.
(18) LIDDA--Local intellectual and developmental disability
authority. An entity designated in accordance with THSC, §533.035(a).
(19) LIDDA priority population--As defined in §5.153
of this title (relating to Definitions).
(20) Local planning--A broad-based community participatory
process that identifies community values, service needs, and service
priorities for individuals in the LIDDA priority population within
a local service area and which guides resource development and allocation
and results in a local plan that identifies goals and establishes
strategies for accomplishment.
(21) Local service area--A geographic area composed
of one or more Texas counties as identified in the performance contract
to be served by a LIDDA.
(22) Medication class--A group of medications with
similar actions and indications for use.
(23) Performance contract--A written agreement between
DADS and a LIDDA as required by THSC, §534.054, for the provision
of one or more functions as described in THSC, §533.035(a), and
for the provision of general revenue services. The performance contract
allocates general revenue funds for the LIDDA to fulfill its role
and responsibilities as a LIDDA.
(24) Permanency planning--A philosophy and planning
process that focuses on the outcome of family support for an individual
under 22 years of age by facilitating a permanent living arrangement
in which the primary feature is an enduring and nurturing parental
relationship.
(25) Person-directed planning--A process that empowers
the individual (and the LAR on the individual's behalf) to direct
the development of a plan for services and supports that meet the
individual's outcomes. The process:
(A) identifies existing services and supports necessary
to achieve the individual's outcomes;
(B) identifies natural supports available to the individual
and negotiates needed service system supports;
(C) occurs with the support of a group of people chosen
by the individual (and the LAR on the individual's behalf); and
(D) accommodates the individual's style of interaction
and preferences regarding time and setting.
(26) Planning team--Persons convened by an individual's
LIDDA to develop a plan of services and supports for an individual.
The team includes:
(A) the individual;
(B) if applicable, the LAR or actively involved person;
(C) the staff member assigned to the individual by
the LIDDA; and
(D) other persons chosen by the individual, LAR, or
actively involved person.
(27) Psychoactive medication--A medication for which
the primary intended therapeutic effect is to treat or ameliorate
the signs or symptoms of mental disorder, or to modify mood, affect,
perception, or behavior.
(28) Restraint--A manual method, except for physical
guidance or prompting of brief duration, or a mechanical device to
restrict:
(A) the free movement or normal functioning of all
or a portion of an individual's body; or
Cont'd... |
