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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 93EMPLOYEE MISCONDUCT REGISTRY (EMR)
RULE §93.2Definitions

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

  (1) Abuse--Is defined by the statute or rule that governs the investigation of alleged abuse of an individual using the CDS option or receiving facility or agency services.

  (2) Administrative law judge--A SOAH attorney who conducts administrative hearings.

  (3) Administrative hearing--A hearing held by SOAH to determine whether an employee of a facility, of an agency, or of an individual employer has committed reportable conduct.

  (4) Agency--In this chapter means:

    (A) a home and community support services agency licensed under THSC, Chapter 142, that provides services to an elderly or disabled adult;

    (B) a person exempt from licensing under THSC, §142.003(a)(19);

    (C) a facility for persons with an intellectual disability or related conditions licensed under THSC, Chapter 252;

    (D) a state supported living center;

    (E) a local authority designated under THSC, §533.035;

    (F) a community center as defined in THSC, §531.002;

    (G) a mental health facility operated by the Department of State Health Services;

    (H) the intermediate care facility for individuals with an intellectual disability component of the Rio Grande State Center; or

    (I) a contractor of an entity described in subparagraphs (D) - (H) of this paragraph.

  (5) CDS option--Consumer directed services option. A service delivery option, described in Chapter 41 of this title (relating to Consumer Directed Services Option), in which an individual or legally authorized representative (LAR) employs and retains service providers and directs the delivery of program services.

  (6) Child--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.

  (7) Commissioner--The commissioner of DADS.

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

  (9) Employee--A person who:

    (A) works for an agency, a facility, or an individual employer;

    (B) provides personal care services, active treatment, or any other personal services to an individual using the CDS option or receiving facility or agency services; and

    (C) is not licensed to perform those services or is a nurse aide.

  (10) EMR--Employee Misconduct Registry. The registry described in THSC, Chapter 253, and available on the DADS Internet website.

  (11) Exploitation--Is defined by the statute or rule that governs the investigation of alleged exploitation of an individual using the CDS option or receiving facility or agency services.

  (12) Facility--In this chapter means:

    (A) a nursing facility licensed under THSC, Chapter 242;

    (B) an assisted living facility licensed under THSC, Chapter 247;

    (C) a home and community support services agency licensed under THSC, Chapter 142, that provides services to a child;

    (D) a home and community support services agency licensed under THSC, Chapter 142, as a hospice inpatient unit or hospice residential unit;

    (E) an adult day care facility licensed under Texas Human Resources Code, Chapter 103;

    (F) an adult foster care provider that contracts with DADS; or

    (G) a prescribed pediatric extended care center licensed under THSC, Chapter 248A.

  (13) FMSA--A financial management services agency. As defined in §41.103 of this title (relating to Definitions), an entity that contracts with DADS to provide financial management services to individuals who use the CDS option.

  (14) Individual employer--An employer, as defined in §41.103 of this title, which is an individual or LAR who participates in the CDS option and is responsible for hiring and retaining service providers to deliver program services.

  (15) IR--Informal review. An opportunity for an employee to dispute a finding of reportable conduct by providing testimony and supporting documentation to an impartial DADS staff person.

  (16) NAR--Nurse aide registry. The registry described in THSC, §250.001(1), and available on the DADS Internet website.

  (17) Neglect--Is defined by the statute or rule that governs the investigation of alleged neglect of an individual using the CDS option or receiving facility or agency services.

  (18) Reportable conduct--Reportable conduct, as defined in THSC, §253.001, which includes:

    (A) abuse or neglect that causes or may cause death or harm to an individual using the CDS option or receiving facility or agency services;

    (B) sexual abuse of an individual using the CDS option or receiving facility or agency services;

    (C) financial exploitation of an individual using the CDS option or receiving facility or agency services in the amount of $25 or more; and

    (D) emotional, verbal, or psychological abuse that causes harm to an individual using the CDS option or receiving facility or agency services.

  (19) SOAH--State Office of Administrative Hearings. A state agency responsible for conducting administrative hearings for other state agencies, including DADS.

  (20) THSC--Texas Health and Safety Code.


Source Note: The provisions of this §93.2 adopted to be effective September 1, 2008, 33 TexReg 7308; amended to be effective September 1, 2010, 35 TexReg 6832; amended to be effective October 19, 2014, 39 TexReg 8268

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