| (A) certification as an assistive technology professional
or a rehabilitation engineering technologist issued by the Rehabilitation
Engineering and Assistive Technology Society of North America (RESNA);
(B) certification as a seating and mobility specialist
issued by RESNA; or
(C) certification as a rehabilitation technology supplier
issued by the National Registry of Rehabilitation Technology Suppliers.
(72) Related condition--Consistent with 42 CFR §435.1010,
a severe and chronic disability that:
(A) is attributed to:
(i) cerebral palsy or epilepsy; or
(ii) any other condition, other than mental illness,
found to be closely related to intellectual disability because the
condition results in impairment of general intellectual functioning
or adaptive behavior similar to that of individuals with intellectual
disability, and requires treatment or services similar to those required
for individuals with intellectual disability;
(B) is manifested before the individual reaches 22
years of age;
(C) is likely to continue indefinitely; and
(D) results in substantial functional limitation in
at least three of the following areas of major life activity:
(i) self-care;
(ii) understanding and use of language;
(iii) learning;
(iv) mobility;
(v) self-direction; and
(vi) capacity for independent living.
(73) Required exercise--A procedure in which an individual,
after an inappropriate behavior, performs or is guided by staff to
perform a series of physical movements that are incompatible with
the inappropriate behavior.
(74) Restitutional overcorrection--A procedure in which
an individual is required to correct the consequences of an inappropriate
behavior by performing a task that improves the individual's environment.
(75) Sales receipt--A written statement issued by the
seller that includes:
(A) the date it was created; and
(B) the cost of the item or service.
(76) Separate account--A trust fund account containing
the personal funds of only one individual.
(77) Specially constituted committee--A committee designated
by the program provider in accordance with 42 CFR §483.440(f)(3)
that consists of staff, LARs, individuals (as appropriate), qualified
persons who have experience or training in contemporary practices
to change an individual's inappropriate behavior, and persons with
no ownership or controlling interest in the facility. The committee
is responsible, in part, for reviewing, approving, and monitoring
individual programs designed to manage inappropriate behavior and
other programs that, in the opinion of the committee, involve risks
to individuals' safety and rights.
(78) SSI--Supplemental Security Income.
(79) State-operated facility--A facility for which
DADS is the program provider.
(80) TAC (Texas Administrative Code)--A compilation
of state agency rules published by the Texas Secretary of State in
accordance with Texas Government Code, Chapter 2002, Subchapter C.
(81) TDHS--Formerly, this term referred to the Texas
Department of Human Services; it now refers to DADS, except in the
context of Medicaid eligibility it refers to the Health and Human
Services Commission.
(82) THSC (Texas Health and Safety Code)--Texas statutes
relating to health and safety.
(83) Third Party--An individual, entity, or program
other than DADS or the program provider, that is or may be liable
to pay all or part of the expenditures for ICF/IID Program services,
including:
(A) a commercial insurance company offering health
or casualty insurance to individuals or groups (including both experience-rated
insurance contracts and indemnity contracts);
(B) a profit or nonprofit prepaid plan offering either
medical services or full or partial payment for services; and
(C) an organization administering health or casualty
insurance plans for professional associations, unions, fraternal groups,
employer-employee benefit plans, and any similar organization offering
these payments or services, including self-insured and self-funded
plans.
(84) Trust fund account--An account at a financial
institution in the program provider's control that contains personal
funds.
(85) Unclaimed personal funds--Personal funds managed
by the program provider that have not been transferred to the individual
or LAR within 30 days after the individual's discharge.
(86) Unidentified personal funds--Personal funds managed
by the program provider for which the program provider cannot identify
ownership.
(87) USC (United States Code)--A compilation of statutes
enacted by the United States Congress.
(88) Vendor hold--Temporary suspension of ICF/IID payments
from DADS to a program provider.
(89) Wheeled mobility system--An item of durable medical
equipment that is a customized, powered, or manual mobility device
or a feature or component of the device, including the following:
(A) seated positioning components;
(B) powered or manual seating options;
(C) specialty driving controls;
(D) multiple adjustment frame;
(E) nonstandard performance options; and
(F) other complex or specialized components.
(90) 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 §261.203 adopted to be effective January 1, 2001, 25 TexReg 12790; amended to be effective September 1, 2001, 26 TexReg 5384; amended to be effective March 31, 2002, 27 TexReg 2475; amended to be effective January 5, 2003, 27 TexReg 12251; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective September 1, 2006, 31 TexReg 6795; amended to be effective July1, 2007, 32 TexReg 3856; amended to be effective July 1, 2012, 37 TexReg 4606; amended tobe effective November 4, 2013, 38 TexReg 7724; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127 |
