| (A) the Medicare conditions of participation for inpatient
units adopted under 42 USC Chapter 7, Subchapter XVIII; and
(B) standards adopted under this chapter.
(64) Joint training--Training provided by HHSC at least
semi-annually for home and community support services agencies and
HHSC surveyors on subjects that address the 10 most commonly cited
violations of federal or state law by home and community support services
agencies as published in HHSC annual reports.
(65) LAR--Legally authorized representative. A person
authorized by law to act on behalf of a client regarding a matter
described in this chapter, and may include a parent of a minor, guardian
of an adult or minor, managing conservator of a minor, agent under
a medical power of attorney, or surrogate decision-maker under Texas
Health and Safety Code §313.004.
(66) License holder--A person that holds a license
to operate an agency.
(67) Life Safety Code (also referred to as NFPA 101)--The
Code for Safety to Life from Fire in Buildings and Structures, Standard
101, of the National Fire Protection Association (NFPA).
(68) Local emergency management agencies--The local
emergency management coordinator, fire, police, and emergency medical
services.
(69) Local emergency management coordinator--The person
identified as the emergency management coordinator by the mayor or
county judge in an agency's service area.
(70) LVN--Licensed vocational nurse. A person who is
currently licensed under Texas Occupations Code Chapter 301, as a
licensed vocational nurse.
(71) Manager--An employee or independent contractor
responsible for providing management services to a home and community
support services agency for the overall operation of a home and community
support services agency including administration, staffing, or delivery
of services. Examples of contracts for services that will not be considered
contracts for management services include contracts solely for maintenance,
laundry, or food services.
(72) Medication administration record--A record used
to document the administration of a client's medications.
(73) Medication list--A list that includes all prescription
and over-the-counter medication that a client is currently taking,
including the dosage, the frequency, and the method of administration.
(74) Mitigation--An action taken to eliminate or reduce
the probability of a disaster or reduce a disaster's severity or consequences.
(75) Multiple location--A Medicare-approved ADS that
meets the definition in 42 CFR §418.3.
(76) Notarized copy--A sworn affidavit stating that
attached copies are true and correct copies of the original documents.
(77) Nursing facility--An institution licensed as a
nursing home under Texas Health and Safety Code, Chapter 242.
(78) Nutritional counseling--Advising and assisting
individuals or families on appropriate nutritional intake by integrating
information from the nutrition assessment with information on food
and other sources of nutrients and meal preparation consistent with
cultural background and socioeconomic status, with the goal being
health promotion, disease prevention, and nutrition education. Nutritional
counseling may include the following:
(A) dialogue with the client to discuss current eating
habits, exercise habits, food budget, and problems with food preparation;
(B) discussion of dietary needs to help the client
understand why certain foods should be included or excluded from the
client's diet and to help with adjustment to the new or revised or
existing diet plan;
(C) a personalized written diet plan as ordered by
the client's physician or practitioner, to include instructions for
implementation;
(D) providing the client with motivation to help the
client understand and appreciate the importance of the diet plan in
getting and staying healthy; or
(E) working with the client or the client's family
members by recommending ideas for meal planning, food budget planning,
and appropriate food gifts.
(79) Occupational therapist--A person who is currently
licensed under the Texas Occupations Code Chapter 454, as an occupational
therapist.
(80) Online portal--A secure portal provided on the
HHSC website for licensure activities, including for a HCSSA applicant
to submit licensure applications and information.
(81) Operating hours--The days of the week and the
hours of day an agency's place of business is open as identified in
an agency's written policy as required by §558.210 of this chapter
(relating to Agency Operating Hours).
(82) Original active client record--A record composed
first-hand for a client currently receiving services.
(83) Palliative--Ameliorating the symptoms associated
with serious illness without the primary goal of curing an underlying
condition.
(84) Parent agency--An agency's principal place of
business; the location where an agency develops and maintains administrative
controls and provides supervision of branch offices and ADSs.
(85) Parent company--A person, other than an individual,
who has a direct 100 percent ownership interest in the owner of an
agency.
(86) Person--An individual, corporation, or association.
(87) Personal assistance services--Routine ongoing
care or services required by an individual in a residence or independent
living environment that enable the individual to engage in the activities
of daily living or to perform the physical functions required for
independent living, including respite services. The term includes:
(A) personal care;
(B) health-related services performed under circumstances
that are defined as not constituting the practice of professional
nursing by the Texas Board of Nursing; and
(C) health-related tasks provided by unlicensed personnel
under the delegation of a registered nurse or that a registered nurse
determines do not require delegation.
(88) Personal care--The provision of one or more of
the following services required by an individual in a residence or
independent living environment:
(A) bathing;
(B) dressing;
(C) grooming;
(D) feeding;
(E) exercising;
(F) toileting;
(G) positioning;
(H) assisting with self-administered medications;
(I) routine hair and skin care; and
(J) transfer or ambulation.
(89) Pharmacist--A person who is licensed to practice
pharmacy under Texas Occupations Code Chapter 558.
(90) Pharmacy--A facility defined in Texas Occupations
Code §551.003(31), at which a prescription drug or medication
order is received, processed, or dispensed, and which holds a pharmacy
license issued under Texas Occupations Code Title 3, Subtitle J.
(91) Physical therapist--A person who is currently
licensed under Texas Occupations Code Chapter 453, as a physical therapist.
(92) Physician--This term includes a person who is:
(A) licensed in Texas to practice medicine or osteopathy
in accordance with Texas Occupations Code Chapter 155;
(B) licensed in Arkansas, Louisiana, New Mexico, or
Oklahoma to practice medicine, who is the treating physician of a
client and orders home health or hospice services for the client,
in accordance with Texas Occupations Code §151.056(b)(4); or
(C) a commissioned or contract physician or surgeon
who serves in the United States uniformed services or Public Health
Service, if the person is not engaged in private practice, in accordance
with the Texas Occupations Code §151.052(a)(8).
(93) Physician assistant--A person who is licensed
under Texas Occupations Code Chapter 204, as a physician assistant.
(94) Physician-delegated task--A task performed in
accordance with Texas Occupations Code Chapter 157, including orders
signed by a physician that specify the delegated task, individual
to whom the task is delegated, and client's name.
(95) Place of business--An office of a home and community
support services agency that maintains client records or directs home
health, hospice, or personal assistance services. This term includes
a parent agency, a branch office, and an ADS. The term does not include
an administrative support site.
(96) Plan of care--The written orders of a practitioner
for a client who requires skilled services.
Cont'd... |
