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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 41CONSUMER DIRECTED SERVICES OPTION
SUBCHAPTER AINTRODUCTION
RULE §41.103Definitions

  (58) TxHmL Program--Texas Home Living Program. A Medicaid waiver program approved by CMS under Title XIX, §1915(c) of the Social Security Act and described in Chapter 9, Subchapter N of this title (relating to Texas Home Living (TxHmL) Program and Community First Choice (CFC)).

  (59) Vendor--A person or entity selected by an employer or DR to deliver goods, items, or services other than a direct service to an individual. Examples of vendors include a building contractor, an electrician, a durable medical equipment provider, a pharmacy, and a medical supply company.

  (60) Vendor fiscal/employer agent--The entity responsible for conducting payroll activities, including withholding, filing, and depositing taxes on behalf of an employer in the CDS option, in accordance with Section 3504 of the Internal Revenue Code and with Revenue Procedure 2013-39.

  (61) Verbal or emotional abuse--Any act or use of verbal or other communication, including gestures:

    (A) to:

      (i) harass, intimidate, humiliate, or degrade an individual; or

      (ii) threaten an individual with physical or emotional harm; and

    (B) that:

      (i) results in observable distress or harm to the individual; or

      (ii) is of such a serious nature that a reasonable person would consider it harmful or a cause of distress.

  (62) Volunteer--A person who works for an FMSA without compensation, other than reimbursement for actual expenses.

  (63) 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 §41.103 adopted to be effective January 1, 2007, 31 TexReg 10352; amended to be effective January 1, 2011, 35 TexReg 11709; amended to be effective July 1, 2013, 38 TexReg 3990; amended to be effective March 20, 2016, 41 TexReg 1925; amended to be effective October 1, 2019, 44 TexReg 5074

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