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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 558LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
SUBCHAPTER AGENERAL PROVISIONS
RULE §558.2Definitions

  (50) 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.

  (51) 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).

  (52) Home health medication aide--An unlicensed person issued a permit by HHSC to administer medication to a client under the Texas Health and Safety Code, Chapter 142, Subchapter B.

  (53) 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.

  (54) 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.

  (55) Hospice aide--A person working for an agency licensed to provide hospice services who meets the qualifications for a hospice aide as described in §97.843 of this chapter (relating to Hospice Aide Qualifications).

  (56) Hospice homemaker--A person working for an agency licensed to provide hospice services who meets the qualifications described in §97.845 of this chapter (relating to Hospice Homemaker Qualifications).

  (57) 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.

  (58) IDR--Informal dispute resolution. An informal process that allows an agency to refute a violation or condition-level deficiency cited during a survey.

  (59) Independent living environment--A client's residence, which may include a group home, foster home, or boarding home facility, or other settings where a client participates in activities, including school, work, or church.

  (60) Indirect ownership interest--Any ownership or membership interest in a person that has a direct ownership interest in an applicant or license holder.

  (61) Individual and family choice and control--Individuals and families who express preferences and make choices about how their support service needs are met.

  (62) 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.

  (63) Inpatient unit--A facility, also referred to as a hospice freestanding inpatient 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.

  (64) JCAHO--The Joint Commission, previously known as the 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.

  (65) Joint training--Training provided by HHSC at least semi-annually for home and community support services agencies and HHSC surveyors on subjects that address the 10 most commonly cited violations of federal or state law by home and community support services agencies as published in HHSC annual reports.

  (66) LAR--Legally authorized representative. A person authorized by law to act on behalf of a client with regard to a matter described in this chapter, and may include a parent of a minor, guardian of an adult or minor, managing conservator of a minor, agent under a medical power of attorney, or surrogate decision-maker under Texas Health and Safety Code, §313.004.

  (67) License holder--A person that holds a license to operate an agency.

  (68) Licensed vocational nurse--A person who is currently licensed under Texas Occupations Code, Chapter 301, as a licensed vocational nurse.

  (69) Life Safety Code (also referred to as NFPA 101)--The Code for Safety to Life from Fire in Buildings and Structures, Standard 101, of the National Fire Protection Association (NFPA).

  (70) Local emergency management agencies--The local emergency management coordinator, fire, police, and emergency medical services.

  (71) Local emergency management coordinator--The person identified as the emergency management coordinator by the mayor or county judge in an agency's service area.

  (72) 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.

  (73) Medication administration record--A record used to document the administration of a client's medications.

  (74) 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.

  (75) Mitigation--An action taken to eliminate or reduce the probability of a disaster, or reduce a disaster's severity or consequences.

  (76) Multiple location--A Medicare-approved alternate delivery site that meets the definition in 42 CFR §418.3.

  (77) Notarized copy--A sworn affidavit stating that attached copies are true and correct copies of the original documents.

  (78) Nursing facility--An institution licensed as a nursing home under the Texas Health and Safety Code, Chapter 242.

  (79) 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.

  (80) Occupational therapist--A person who is currently licensed under the Occupational Therapy Practice Act, Texas Occupations Code, Chapter 454, as an occupational therapist.

Cont'd...

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