| (28) Counselor--An individual qualified under Medicare standards to provide counseling services, including bereavement, dietary, spiritual, and other counseling services to both the client and the family. (29) DADS--Department of Aging and Disability Services. (30) Day--Any reference to a day means a calendar day, unless otherwise specified in the text. A calendar day includes weekends and holidays. (31) Deficiency--A finding of noncompliance with federal requirements resulting from a survey. (32) Designated survey office--A DADS Home and Community Support Services Agencies Program office located in an agency's geographic region. (33) Dialysis treatment record--For home dialysis designation, a dated and signed written notation by the person providing dialysis treatment which contains a description of signs and symptoms, machine parameters and pressure settings, type of dialyzer and dialysate, actual pre- and post-treatment weight, medications administered as part of the treatment, and the client's response to treatment. (34) Dietitian--A person who is currently licensed under the laws of the State of Texas to use the title of licensed dietitian or provisional licensed dietitian, or who is a registered dietitian. (35) End stage renal disease (ESRD)--For home dialysis designation, the stage of renal impairment that appears irreversible and permanent and requires a regular course of dialysis or kidney transplantation to maintain life. (36) Freestanding hospice--An agency that provides hospice services to clients of the agency who are residing at the agency's physical location including inpatient and respite care. (37) Functional need--Needs of the individual that require services without regard to diagnosis or label. (38) Health assessment--A determination of a client's physical and mental status through inventory of systems. (39) Home and community support services agency--A person who provides home health, hospice, or personal assistance services for pay or other consideration in a client's residence, an independent living environment, or another appropriate location. (40) Home health aide--An individual working for an agency who meets at least one of the requirements for home health aides as defined in §97.701 of this chapter (relating to Home Health Aides). (41) Home health medication aide--A person permitted under the Health and Safety Code, Chapter 142, Subchapter B. (42) Home health service--The provision of one or more of the following health services required by an individual in a residence or independent living environment: (A) nursing, including blood pressure monitoring and diabetes treatment; (B) physical, occupational, speech, or respiratory therapy; (C) medical social service; (D) intravenous therapy; (E) dialysis; (F) service provided by unlicensed personnel under the delegation or supervision of a licensed health professional; (G) the furnishing of medical equipment and supplies, excluding drugs and medicines; or (H) nutritional counseling. (43) Hospice--A person licensed under this chapter to provide hospice services, including a person who owns or operates a residential unit or an inpatient unit. (44) Hospice services--Services, including services provided by unlicensed personnel under the delegation of a registered nurse or physical therapist, provided to a client or a client's family as part of a coordinated program consistent with the standards and rules adopted under this chapter. These services include palliative care for terminally ill clients and support services for clients and their families that: (A) are available 24 hours a day, seven days a week, during the last stages of illness, during death, and during bereavement; (B) are provided by a medically directed interdisciplinary team; and (C) may be provided in a home, nursing facility, residential unit, or inpatient unit according to need. These services do not include inpatient care normally provided in a licensed hospital to a terminally ill person who has not elected to be a hospice client. For the purposes of this definition, the word "home" includes a person's "residence" as defined in this section. (45) Independent living environment--A client's residence, which may include a group home or foster home, or other settings where a client participates in activities, including school, work, or church. (46) Individual/family choice and control--Individuals and families who express preferences and make choices about how their support service needs are met. (47) Individualized service plan--A written plan prepared by the appropriate health care personnel for a client of a home and community support services agency licensed to provide personal assistance services. (48) Inpatient unit--A facility that provides a continuum of medical or nursing care and other hospice services to clients admitted into the unit and that is in compliance with: (A) the conditions of participation for inpatient units adopted under Social Security Act, Title XVIII (42 United States Code §1395 et seq.); and (B) standards adopted under this chapter. (49) IRoD--Informal review of deficiencies. An informal process that allows an agency to refute a deficiency or violation cited during a survey. (50) JCAHO--Joint Commission on Accreditation of Healthcare Organizations. An independent, nonprofit organization for standard-setting and accrediting in-home care and other areas of health care. (51) Licensed vocational nurse--A person who is currently licensed under Occupations Code, Chapter 301, as a licensed vocational nurse. (52) Manager--An employee or independent contractor responsible for providing management services to a home and community support services agency for the overall operation of a home and community support services agency including administration, staffing, or delivery of services. Examples of contracts for services that will not be considered contracts for management services include contracts solely for maintenance, laundry, or food services. (53) Medication administration record--A record used to document the administration of a client's medications. (54) Medication list--A list that includes all prescription and over-the-counter medication that a client is currently taking, including the dosage, the frequency, and the method of administration. (55) Notarized copy--A sworn affidavit stating that attached copies are true and correct copies of the original documents. (56) Nursing facility--An institution licensed as a nursing home under the Health and Safety Code, Chapter 242. (57) Nutritional counseling--Advising and assisting individuals or families on appropriate nutritional intake by integrating information from the nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status, with the goal being health promotion, disease prevention, and nutrition education. Nutritional counseling may include the following: (A) dialogue with the client to discuss current eating habits, exercise habits, food budget, and problems with food preparation; (B) discussion of dietary needs to help the client understand why certain foods should be included or excluded from the client's diet and to help with adjustment to the new or revised or existing diet plan; (C) a personalized written diet plan as ordered by the client's physician or practitioner, to include instructions for implementation; (D) providing the client with motivation to help the client understand and appreciate the importance of the diet plan in getting and staying healthy; or (E) working with the client or the client's family members by recommending ideas for meal planning, food budget planning, and appropriate food gifts. (58) Occupational therapist--A person who is currently licensed under the Occupational Therapy Practice Act, Occupations Code, Chapter 454, as an occupational therapist. (59) Original active client record--A record composed first-hand for a client currently receiving services. (60) Palliative care--Intervention services that focus primarily on the reduction or abatement of physical, psychosocial, and spiritual symptoms of a terminal illness. (61) Parent agency--An agency that develops and maintains administrative controls and provides supervision of branch offices and alternate delivery sites. (62) Parent company--A person, other than an individual, who has a direct 100% ownership interest in the owner of an agency. (63) Person--An individual, corporation, or association. Cont'd... |
