| (31) Complaint--An allegation against an agency regulated
by HHSC or against an employee of an agency regulated by HHSC that
involves a violation of this chapter or the Statute.
(32) Community disaster resources--A local, statewide,
or nationwide emergency system that provides information and resources
during a disaster, including weather information, transportation,
evacuation, and shelter information, disaster assistance and recovery
efforts, evacuee and disaster victim resources, and resources for
locating evacuated friends and relatives.
(33) Controlled substance--Has the meaning assigned
in Texas Health and Safety Code Chapter 481, Subchapter A.
(34) Controlling person--A person with the ability,
acting alone or with others, to directly or indirectly influence,
direct, or cause the direction of the management, expenditure of money,
or policies of an agency or other person.
(A) A controlling person includes:
(i) a management company or other business entity that
operates or contracts with others for the operation of an agency;
(ii) a person who is a controlling person of a management
company or other business entity that operates an agency or that contracts
with another person for the operation of an agency; and
(iii) any other individual who, because of a personal,
familial, or other relationship with the owner, manager, or provider
of an agency, is in a position of actual control or authority with
respect to the agency, without regard to whether the individual is
formally named as an owner, manager, director, officer, provider,
consultant, contractor, or employee of the agency.
(B) A controlling person, as described by subparagraph
(A)(iii) of this paragraph, does not include an employee, lender,
secured creditor, or other person who does not exercise formal or
actual influence or control over the operation of an agency.
(35) Conviction--An adjudication of guilt based on
a finding of guilt, a plea of guilty, or a plea of nolo contendere.
(36) Counselor--An individual qualified under Medicare
standards to provide counseling services, including bereavement, dietary,
spiritual, and other counseling services to both the client and the
family.
(37) Day--Any reference to a day means a calendar day,
unless otherwise specified in the text. A calendar day includes weekends
and holidays.
(38) Deficiency--A finding of noncompliance with federal
requirements resulting from a survey.
(39) Designated survey office--An HHSC HCSSA Program
office located in an agency's geographic region.
(40) Dialysis treatment record--For home dialysis designation,
a dated and signed written notation by the person providing dialysis
treatment, which contains a description of signs and symptoms, machine
parameters and pressure settings, type of dialyzer and dialysate,
actual pre- and post-treatment weight, medications administered as
part of the treatment, and the client's response to treatment.
(41) Dietitian--A person who is currently licensed
under the laws of the State of Texas to use the title of licensed
dietitian or provisional licensed dietitian, or who is a registered
dietitian.
(42) Direct ownership interest--Ownership of equity
in the capital, stock, or profits of, or a membership interest in,
an applicant or license holder.
(43) Disaster--The occurrence or imminent threat of
widespread or severe damage, injury, or loss of life or property resulting
from a natural or man-made cause, such as fire, flood, earthquake,
wind, storm, wave action, oil spill or other water contamination,
epidemic, air contamination, infestation, explosion, riot, hostile
military or paramilitary action, or energy emergency. In a hospice
inpatient unit, a disaster also includes failure of the heating or
cooling system, power outage, explosion, and bomb threat.
(44) Disclosable interest--Five percent or more direct
or indirect ownership interest in an applicant or license holder.
(45) ESRD--End stage renal disease. For home dialysis
designation, the stage of renal impairment that appears irreversible
and permanent and requires a regular course of dialysis or kidney
transplantation to maintain life.
(46) Functional need--Needs of the individual that
require services without regard to diagnosis or label.
(47) Habilitation--Habilitation services, as defined
by Texas Government Code §534.001, provided by an agency licensed
under this chapter.
(48) HCSSA--Home and community support services agency.
A person who provides home health, hospice, or personal assistance
services for pay or other consideration in a client's residence, an
independent living environment, or another appropriate location.
(49) Health assessment--A determination of a client's
physical and mental status through inventory of systems.
(50) HHSC--Texas Health and Human Services Commission.
(51) Home health aide--An individual working for an
agency who meets at least one of the requirements for home health
aides as described in §558.701 of this chapter (relating to Home
Health Aides).
(52) Home health medication aide--An unlicensed person
issued a permit by HHSC to administer medication to a client under
Texas Health and Safety Code Chapter 142, Subchapter B.
(53) Home health service--The provision of one or more
of the following health services required by an individual in a residence
or independent living environment:
(A) nursing, including blood pressure monitoring and
diabetes treatment;
(B) physical, occupational, speech, or respiratory
therapy;
(C) medical social service;
(D) intravenous therapy;
(E) dialysis;
(F) service provided by unlicensed personnel under
the delegation or supervision of a licensed health professional;
(G) the furnishing of medical equipment and supplies,
excluding drugs and medicines; or
(H) nutritional counseling.
(54) Hospice--A person licensed under this chapter
to provide hospice services, including a person who owns or operates
a residential unit or an inpatient unit.
(55) Hospice aide--A person working for an agency licensed
to provide hospice services who meets the qualifications for a hospice
aide as described in §558.843 of this chapter (relating to Hospice
Aide Qualifications).
(56) Hospice homemaker--A person working for an agency
licensed to provide hospice services who meets the qualifications
described in §558.845 of this chapter (relating to Hospice Homemaker
Qualifications).
(57) Hospice services--Services, including services
provided by unlicensed personnel under the delegation of a registered
nurse or physical therapist, provided to a client or a client's family
as part of a coordinated program consistent with the standards and
rules adopted under this chapter. These services include physical
care and support services to optimize quality of life for terminally
ill clients and their families that:
(A) are available 24 hours a day, seven days a week,
during the last stages of illness, death, and bereavement;
(B) are provided by a medically directed interdisciplinary
team; and
(C) may be provided in a home, nursing facility, residential
unit, inpatient unit, or other residence according to need. These
services do not include inpatient care normally provided in a licensed
hospital to a terminally ill person who has not elected to be a hospice
client.
(58) IDR--Informal dispute resolution. An informal
process that allows an agency to refute a violation or condition-level
deficiency cited during a survey.
(59) Independent living environment--A client's residence,
which may include a group home, foster home, or boarding home facility,
or other settings where a client participates in activities, including
school, work, or church.
(60) Indirect ownership interest--Any ownership or
membership interest in a person that has a direct ownership interest
in an applicant or license holder.
(61) Individual and family choice and control--Individuals
and families who express preferences and make choices about how their
support service needs are met.
(62) Individualized service plan--A written plan prepared
by the appropriate health care personnel for a client of a home and
community support services agency licensed to provide personal assistance
services.
(63) Inpatient unit--A facility, also referred to as
a hospice freestanding inpatient facility, that provides a continuum
of medical or nursing care and other hospice services to clients admitted
into the unit and that is in compliance with:
Cont'd... |
