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RULE §55.3Definitions

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

  (1) Adult--A person who is 18 years old or older or is an emancipated minor.

  (2) Case manager--A DADS employee who is responsible for case management activities. Activities include eligibility determination, registration, assessment and reassessment of need, service plan development, and intervention on an individual's behalf.

  (3) Client--An individual.

  (4) Contract--The formal, written agreement between DADS and a provider agency to provide services in the HDM Program.

  (5) Contract manager--A DADS employee who is responsible for the overall management of the contract with the provider agency.

  (6) DADS--The Department of Aging and Disability Services.

  (7) Dietary consultant--A dietitian who is licensed by the Texas State Board of Examiners of Dietitians; or a person with a baccalaureate degree with major studies in food and nutrition, dietetics, or food service management.

  (8) Director--The person who is responsible for the overall operation of a provider agency.

  (9) Emancipated minor--A person who is under 18 years of age who has achieved or been granted the power and legal capacity of an adult. This includes a minor who has had the disabilities of minority removed by a court of law, or a minor who has been married, with or without parental consent.

  (10) Food service supervisor--The person who is responsible for supervising and managing the food preparation operations of a provider agency.

  (11) Home-Delivered Meals (HDM) Program--A program serving individuals receiving Community Based Alternatives Medicaid waiver services funded by Title XIX of the Social Security Act or individuals receiving Community Care Aged and Disabled services funded by Title XX of the Social Security Act and administered by DADS in which a provider agency delivers meals to an individual.

  (12) Individual--A person eligible to receive services under this chapter.

  (13) Meal transport carrier--A container that is used by the provider agency to transport home-delivered meals that may be easily damaged. The container must be enclosed and either insulated or equipped to maintain food temperature to protect the meals from contamination, crushing, or spillage.

  (14) Provider agency--An organization or entity that delivers meals to an individual in accordance with the contract and this chapter.

  (15) Suspension of services--A temporary cessation of HDM services by a program provider or DADS without loss of program or Medicaid eligibility.

  (16) Termination--A DADS action that ends an individual's service authorization for the HDM Program.

  (17) Therapeutic medical diet--A menu supplied to an individual by a provider agency that includes:

    (A) meals prepared without the addition of salt, seasoning, or flavoring; or

    (B) meals that may deviate from the standard menu pattern as required by the individual's medical condition.

  (18) Working day--Any day except a Saturday, a Sunday, or a national or state holiday listed in Texas Government Code §662.003(a) or (b).

Source Note: The provisions of this §55.3 adopted to be effective March 1, 2004, 29 TexReg 1672; amended to be effective June 12, 2014, 39 TexReg 4657

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