| (37) LIDDA--Local intellectual and developmental disability
authority. An entity designated by the HHSC executive commissioner,
in accordance with Texas Health and Safety Code §533A.035.
(38) Minor--A person who is 17 years of age or younger.
(39) Neglect--A negligent act or omission that caused
physical or emotional injury or death to an individual or placed an
individual at risk of physical or emotional injury or death.
(40) Non-program resource--A resource, other than an
individual's HHSC program.
(41) Parent--A natural, legal, foster, or adoptive
parent of a minor.
(42) PHC Program--Primary Home Care Program. A Medicaid
state plan program authorized under Title XIX of the Social Security
Act and described in Chapter 47 of this title.
(43) Physical abuse--Any of the following:
(A) an act or failure to act performed knowingly, recklessly,
or intentionally, including incitement to act, that caused physical
injury or death to an individual or placed an individual at risk of
physical injury or death;
(B) an act of inappropriate or excessive force or corporal
punishment, regardless of whether the act results in a physical injury
to an individual;
(C) the use of a restraint on an individual not in
compliance with federal and state laws, rules, and regulations; or
(D) seclusion.
(44) Relative--A person related to an employer within
the fourth degree of consanguinity or within the second degree of
affinity.
(45) Seclusion--The involuntary placement of an individual
alone in an area from which the individual is prevented from leaving.
(46) Service agreement--A written agreement or acknowledgment
between two parties that defines the relationship and lists respective
roles and responsibilities.
(47) Service backup plan--A documented plan to ensure
that critical services delivered through the CDS option are provided
to an individual when normal service delivery is interrupted or there
is an emergency.
(48) Service coordinator--An employee of a LIDDA who
is responsible for assisting an applicant, individual, or LAR to access
needed medical, social, educational, and other appropriate services,
including an HHSC program or service. A service coordinator provides
case management services to an individual.
(49) Service plan--A document developed in accordance
with rules governing an individual's program that identifies the services
to be provided to the individual, the number of units of each service
to be provided, and the projected cost of each service.
(50) Service planning team--A group of people identified
in accordance with the requirements of an individual's program. Some
HHSC programs refer to the service planning team as an interdisciplinary
team.
(51) Service provider--An employee, contractor, or
vendor.
(52) Sexual abuse--Any of the following:
(A) sexual exploitation of an individual;
(B) non-consensual or unwelcomed sexual activity with
an individual; or
(C) consensual sexual activity between an individual
and a service provider, staff person, or controlling person, unless
a consensual sexual relationship with an adult individual existed
before the service provider, staff person, or controlling person became
a service provider, staff person, or controlling person.
(53) Sexual activity--An activity that is sexual in
nature, including kissing, hugging, stroking, or fondling with sexual
intent.
(54) Sexual exploitation--A pattern, practice, or scheme
of conduct against an individual that can reasonably be construed
as being for the purposes of sexual arousal or gratification of any
person:
(A) which may include sexual contact; and
(B) does not include obtaining information about an
individual's sexual history within standard accepted clinical practice.
(55) Staff person--An employee, contractor, or volunteer
of an FMSA.
(56) Support advisor--An employee who provides support
consultation to an employer or DR.
(57) Support consultation--An optional service that
is provided by a support advisor and provides a level of assistance
and training beyond that provided by the FMSA through FMS or CFC support
management. Support consultation helps an employer to meet the required
employer responsibilities of the CDS option and to successfully manage
the delivery of program services.
(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 |
