<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 261INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM--CONTRACTING
SUBCHAPTER AGENERAL REQUIREMENTS
RULE §261.203Definitions

  (31) Hospice--An entity that is primarily engaged in providing care to terminally ill individuals and is approved by DADS to participate in the Medicaid Hospice Program in accordance with §30.30 of this title (relating to General Contracting Requirements).

  (32) ICAP (Inventory for Client and Agency Planning)--A validated, standardized assessment that measures the level of supervision an individual requires and, thus, the amount and intensity of services and supports an individual needs.

  (33) ICF/IID Program--The Intermediate Care Facilities for Individuals with an Intellectual Disability Program, which provides Medicaid-funded residential services to individuals with an intellectual disability or related conditions.

  (34) ICF/MR Program--ICF/IID Program.

  (35) ID/RC Assessment Form--A form used by DADS for LOC determination and LON assignment.

  (36) IDT (interdisciplinary team)--A group of people assembled by the program provider who possess the knowledge, skills, and expertise to assess an individual's needs and make recommendations for the individual's IPP. The group includes the individual, LAR, intellectual disability professionals and paraprofessionals and, with approval from the individual or LAR, other concerned persons.

  (37) Individual--A person enrolled in the ICF/IID Program.

  (38) Intellectual disability--Significant sub-average general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

  (39) IPP (individual program plan)--A plan developed by an individual's IDT that identifies the individual's training, treatment, and habilitation needs and describes services to meet those needs.

  (40) IQ (intelligence quotient)--A score reflecting the level of an individual's intelligence as determined by the administration of a standardized intelligence test.

  (41) LAR (legally authorized representative)--A person authorized by law to act on behalf of an individual with regard to a matter described in this subchapter, and may include a parent, guardian, managing conservator of a minor individual, a guardian of an adult individual, or legal representative of a deceased individual.

  (42) LOC (level of care)--A determination given by DADS to an individual as part of the eligibility process based on data submitted on the ID/RC Assessment Form.

  (43) Local authority--An entity to which the Health and Human Services Commission's authority and responsibility described in TSHC §531.002(11) has been delegated.

  (44) LON (level of need)--An assignment given by DADS to an individual upon which reimbursement for ICF/IID Program services is based. The LON assignment is derived from the service level score obtained from the administration of the ICAP to the individual and from selected items on the ID/RC Assessment Form.

  (45) Long Term Care Plan--The plan required by THSC, §533.062, which is developed by DADS and specifies, in part, the capacity of the ICF/IID Program in Texas.

  (46) Major dental treatment--A dental treatment, intervention, or diagnostic procedure that:

    (A) has a significant recovery period;

    (B) presents a significant risk;

    (C) employs a general anesthetic; or

    (D) in the opinion of the individual's physician, involves a significant invasion of bodily integrity that requires an incision or the extraction of bodily fluids that produces substantial pain, discomfort, or debilitation.

  (47) Major medical treatment--A medical, surgical, or diagnostic procedure or intervention that:

    (A) has a significant recovery period;

    (B) presents a significant risk;

    (C) employs a general anesthetic; or

    (D) in the opinion of the individual's physician, involves a significant invasion of bodily integrity that requires an incision or the extraction of bodily fluids that produces substantial pain, discomfort, or debilitation.

  (48) Medical necessity--The need for a treatment decision that is essential to avoid adversely affecting an individual's mental or physical health or the quality of care rendered.

  (49) Mental retardation--Intellectual disability.

  (50) MRA (mental retardation authority)--A local authority.

  (51) MR/RC--ID/RC Assessment Form.

  (52) Natural support network--Those persons, including family members, church members, neighbors, and friends, who assist and sustain an individual with supports that occur naturally within the individual's environment and that are not reimbursed or purposely developed by a person or system.

  (53) Negative practice--A procedure in which an individual is required, after an inappropriate behavior, to repeatedly engage in an activity that is similar to the inappropriate behavior.

  (54) Non-state operated facility--A facility for which the program provider is an entity other than DADS, such as a community center or private organization.

  (55) Occupational therapist (OT)--A person licensed by the Texas Board of Occupational Therapy Examiners to practice occupational therapy, as defined in Texas Occupations Code §454.002(4).

  (56) PDP (person-directed plan)--A plan of services and supports developed under the direction of an individual or LAR with the support of a local authority or program provider staff and other people chosen by the individual or LAR.

  (57) Permanency planning--A philosophy and planning process that focuses on the outcome of family support for an individual under 22 years of age by facilitating a permanent living arrangement in which the primary feature is an enduring and nurturing parental relationship.

  (58) Permanency Planning Review Screen--A screen in CARE that, when completed by a local authority, identifies community supports needed to achieve an individual's permanency planning outcomes and provides information necessary for approval of the individual's initial and continued residence in a facility.

  (59) Personal funds--The funds that belong to an individual, including earned income, social security benefits, gifts, and inheritances.

  (60) Personal hold--

    (A) A manual method, except for physical guidance or prompting of brief duration, used to restrict:

      (i) free movement or normal functioning of all or a portion of an individual's body; or

      (ii) normal access by an individual to a portion of the individual's body.

    (B) Physical guidance or prompting of brief duration becomes a physical restraint if the individual resists the guidance or prompting.

  (61) Petty cash fund--Personal funds managed by a program provider that are maintained for individuals' cash expenditures.

  (62) Physical restraint--A manual method, or a physical or mechanical device, material, or equipment attached or adjacent to an individual's body that the individual cannot remove easily, that restricts freedom of movement or normal access to an individual's body. This term includes a personal hold.

  (63) Physical therapist (PT)--A person licensed by the Texas Board of Physical Therapy Examiners to practice physical therapy, as defined in Texas Occupations Code §453.001(4).

  (64) Pooled account--A trust fund account containing the personal funds of more than one individual.

  (65) Professional--A person who is licensed or certified by the State of Texas in a health or human services occupation or who meets DADS criteria to be a case manager, service coordinator, qualified intellectual disability professional, or certified psychologist as described in §5.161 of this title (relating to TDMHMR-Certified Psychologist).

  (66) Program provider--An entity with whom DADS has a provider agreement.

  (67) Provider agreement--A written agreement between DADS and a program provider that obligates the program provider to deliver ICF/IID Program services.

  (68) Provider applicant--An entity seeking to participate as a program provider.

  (69) Psychoactive medication--Any medication prescribed for the treatment of symptoms of psychosis or other severe mental or emotional disorders and that is used to exercise an effect upon the central nervous system for the purposes of influencing and modifying behavior, cognition, or affective state.

  (70) Qualified intellectual disability professional (QIDP)--A person with at least a bachelor's degree who has at least one year of experience working with persons with an intellectual disability or related conditions.

  (71) Qualified rehabilitation professional (QRP)--A person who holds one or more of the following certifications in good standing:

Cont'd...

Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page