| (iii) vocational programs;
(D) housing and urban environment services, including
public housing;
(E) income transfer services, including:
(i) Temporary Assistance for Needy Families; and
(ii) Supplemental Nutrition Assistance Program; and
(F) justice and public safety services, including:
(i) parole and probation; and
(ii) rehabilitation.
(40) Human service program--An intentional, organized,
ongoing effort designed to provide good to others. The characteristics
of a human service program are:
(A) dependent on public resources and are planned and
provided by the community;
(B) directed toward meeting human needs arising from
day-to-day socialization, health care, and developmental experiences;
and
(C) used to aid, rehabilitate, or treat people in difficulty
or need.
(41) Immediate threat to the health or safety of an
elderly person or a person with a disability--A situation that causes,
or is likely to cause, serious injury, harm, or impairment to or
the death of an elderly person or a person with a disability receiving
services at a facility.
(42) Indirect ownership interest--Any ownership or
membership interest in a person that has a direct ownership interest
in an applicant or license holder.
(43) Individual--A person who applies for or is receiving
services at a facility.
(44) Isolated--A very limited number of elderly persons
or persons with disabilities receiving services at a facility are
affected and a very limited number of staff are involved, or the situation
has occurred only occasionally.
(45) License holder--A person that holds a license
to operate a facility.
(46) Life Safety Code, NFPA 101--The Code for Safety
to Life from Fire in Buildings and Structures, NFPA 101, a publication
of the National Fire Protection Association, Inc. that:
(A) addresses the construction, protection, and occupancy
features necessary to minimize danger to life from fire, including
smoke, fumes, or panic; and
(B) establishes minimum criteria for the design of
egress features so as to permit prompt escape of occupants from buildings
or, where desirable, into safe areas within the building.
(47) Long-term care facility--A facility that provides
care and treatment or personal care services to four or more unrelated
persons, including:
(A) a nursing facility licensed under Texas Health
and Safety Code, Chapter 242;
(B) an assisted living facility licensed under Texas
Health and Safety Code, Chapter 247; and
(C) an intermediate care facility serving individuals
with an intellectual disability or related conditions licensed under
Texas Health and Safety Code, Chapter 252.
(48) LVN--Licensed vocational nurse. A person licensed
by the Texas Board of Nursing who works under the supervision of a
registered nurse (RN) or a physician.
(49) Management services--Services provided under contract
between the owner of a facility and a person to provide for the operation
of a facility, including administration, staffing, maintenance, and
delivery of services. Management services do not include contracts
solely for maintenance, laundry, or food services.
(50) Manager--A person having a contractual relationship
to provide management services to a facility.
(51) Medicaid-eligible--An individual who is eligible
for Medicaid.
(52) Medically related program--A human services program
under the human services-health services category in the definition
of human services in this section.
(53) Neglect--The failure to provide for one's self
the goods or services, including medical services, that are necessary
to avoid physical harm, mental anguish, or mental illness; or the
failure of a caregiver to provide these goods or services.
(54) NFPA--The National Fire Protection Association.
NFPA is an organization that develops codes, standards, recommended
practices, and guides through a consensus standards development process
approved by the American National Standards Institute.
(55) NFPA 10--Standard for Portable Fire Extinguishers.
A standard developed by NFPA for the selection, installation, inspection,
maintenance, and testing of portable fire extinguishing equipment.
(56) NFPA 13--Standard for the Installation of Sprinkler
Systems. A standard developed by NFPA for the minimum requirements
for the design and installation of automatic fire sprinkler systems,
including the character and adequacy of water supplies and the selection
of sprinklers, fittings, pipes, valves, and all maintenance and accessories.
(57) NFPA 70--National Electrical Code. A code developed
by NFPA for the installation of electric conductors and equipment.
(58) NFPA 72--National Fire Alarm Code. A code developed
by NFPA for the application, installation, performance, and maintenance
of fire alarm systems and their components.
(59) NFPA 90A--Standard for the Installation of Air
Conditioning and Ventilating Systems. A standard developed by NFPA
for systems for the movement of environmental air in structures that
serve spaces over 25,000 cubic feet or buildings of certain heights
and construction types, or both.
(60) NFPA 90B--Standard for the Installation of Warm
Air Heating and Air-Conditioning Systems. A standard developed by
the NFPA for systems for the movement of environmental air in one-
or two-family dwellings and structures that serve spaces not exceeding
25,000 cubic feet.
(61) NFPA 96--Standard for Ventilation Control and
Fire Protection of Commercial Cooking Operations. A standard developed
by NFPA that provides the minimum fire safety requirements related
to the design, installation, operation, inspection, and maintenance
of all public and private cooking operations, except for single-family
residential usage.
(62) Nurse--A registered nurse (RN) or a licensed vocational
nurse (LVN) licensed in the state of Texas.
(63) Nursing services--Services provided by a nurse,
including:
(A) observation;
(B) promotion and maintenance of health;
(C) prevention of illness and disability;
(D) management of health care during acute and chronic
phases of illness;
(E) guidance and counseling of individuals and families;
and
(F) referral to physicians, other health care providers,
and community resources when appropriate.
(64) Pattern of violation--Repeated, but not widespread
in scope, failures of a facility to comply with Texas Human Resources
Code, Chapter 103 or a rule, standard, or order adopted under Texas
Human Resources Code, Chapter 103 that:
(A) result in a violation; and
(B) are found throughout the services provided by the
facility or that affect or involve the same elderly persons or persons
with disabilities receiving services at the facility or the same facility
employees.
(65) Person--An individual, corporation, or association.
(66) Person with a disability--A person whose functioning
is sufficiently impaired to require frequent medical attention, counseling,
physical therapy, therapeutic or corrective equipment, or another
person's attendance and supervision.
(67) Physician's orders--An order that is signed and
dated by a medical doctor (MD) or doctor of osteopathy (DO) who is
licensed to practice medicine in the state of Texas. The HHSC physician's
order form used by a DAHS facility that contracts with HHSC must include
the MD's or DO's license number.
(68) Plan of care--A written plan, based on a health
assessment and developed jointly by a facility and an individual or
the individual's responsible party, that documents the functional
impairment of the individual and the DAHS needed by the individual.
(69) Potential for minimal harm--A violation that has
the potential for causing no more than a minor negative impact to
an individual.
(70) Protective setting--A setting in which an individual's
safety is ensured by the physical environment by staff.
(71) Related support services--Services to an individual,
family member, or caregiver that may improve the person's ability
to assist with an individual's independence and functioning. Services
include:
(A) information and referral;
(B) transportation;
(C) teaching caregiver skills;
(D) respite;
(E) counseling;
(F) instruction and training; and
Cont'd... |
