| (71) Manager--A person, other than a licensed nursing
home administrator, having a contractual relationship to provide management
services to a facility.
(72) Managing local ombudsman--Has the meaning given
in §88.2 of this title.
(73) MDS--Minimum data set. See RAI.
(74) MDS nurse reviewer--A registered nurse employed
by HHSC to monitor the accuracy of the MDS assessment submitted by
a Medicaid-certified nursing facility.
(75) Medicaid applicant--A person who requests the
determination of eligibility to become a Medicaid recipient.
(76) Medicaid nursing facility vendor payment system--Electronic
billing and payment system for reimbursement to nursing facilities
for services provided to eligible Medicaid recipients.
(77) Medicaid recipient--A person who meets the eligibility
requirements of the Title XIX Medicaid program, is eligible for nursing
facility services, and resides in a Medicaid-participating facility.
(78) Medical director--A physician licensed by the
Texas Medical Board, who is engaged by the nursing home to assist
in and advise regarding the provision of nursing and health care.
(79) Medical power of attorney--The legal document
that designates an agent to make treatment decisions if the individual
designator becomes incapable.
(80) Medication aide--A person who holds a current
permit issued under the Medication Aide Training Program as described
in Chapter 557 of this title (relating to Medication Aides--Program
Requirements) and acts under the authority of a person who holds a
current license under state law which authorizes the licensee to administer
medication.
(81) Memory Care Disclosure Statement for Nursing Facilities--The
HHSC-prescribed form a facility uses when the facility advertises,
markets, or otherwise promotes that it provides services to residents
with Alzheimer's disease and related disorders.
(82) Memory care services--Services provided by a nursing
facility that meet the needs of residents with a diagnosis of Alzheimer's
disease or related disorders or a diagnosis of dementia.
(83) Misappropriation--The taking, secretion, misapplication,
deprivation, transfer, or attempted transfer to any person not entitled
to receive any property, real or personal, or anything of value belonging
to or under the legal control of a resident without the effective
consent of the resident or other appropriate legal authority, or the
taking of any action contrary to any duty imposed by federal or state
law prescribing conduct relating to the custody or disposition of
property of a resident.
(84) MN--Medical necessity. A determination, made by
physicians and registered nurses who are employed by or contract with
the state Medicaid claims administrator, that a recipient requires
the services of a licensed nurse in an institutional setting to carry
out a physician's planned regimen for total care. A recipient's need
for custodial care in a 24-hour institutional setting does not constitute
medical necessity.
(85) Neglect--The failure to provide goods or services,
including medical services that are necessary to avoid physical or
emotional harm, pain, or mental illness.
(86) NFPA--National Fire Protection Association.
(87) NFPA 99--NFPA 99, Health Care Facilities Code,
2012 Edition.
(88) NFPA 101--NFPA 101, Life Safety Code, 2012 Edition.
(89) Nurse aide--An individual who provides nursing
or nursing-related services to residents in a facility under the supervision
of a licensed nurse. This term may include an individual who provides
these services through an agency or under a contract with the facility.
This definition does not include an individual who is a licensed health
professional, a registered dietitian, or someone who volunteers such
services without pay. A nurse aide is not authorized to provide nursing
or nursing-related services for which a license or registration is
required under state law. Nurse aides do not include those individuals
who furnish services to residents only as paid feeding assistants.
(90) Nurse practitioner--An advanced practice registered
nurse licensed by the Texas Board of Nursing in the role of Nurse
Practitioner.
(91) Nurses' station--A nurses' station is an area
designated as the focal point on all shifts for the administration
and supervision of resident-care activities for a designated number
of resident bedrooms.
(92) Nursing care--Services provided by nursing personnel
which include, but are not limited to, observation; promotion and
maintenance of health; prevention of illness and disability; management
of health care during acute and chronic phases of illness; guidance
and counseling of individuals and families; and referral to physicians,
other health care providers, and community resources when appropriate.
(93) Nursing facility or nursing home--See definition
of "facility."
(94) Nursing personnel--Persons assigned to give direct
personal and nursing services to residents, including registered nurses,
licensed vocational nurses, nurse aides, and medication aides. Unlicensed
personnel function under the authority of licensed personnel.
(95) Objectives--See definition of "goals."
(96) OBRA--Omnibus Budget Reconciliation Act of 1987,
which includes provisions relating to nursing home reform.
(97) Ombudsman intern--Has the meaning given in §88.2
of this title.
(98) Ombudsman Program--Has the meaning given in §88.2
of this title.
(99) Paid feeding assistant--An individual who meets
the requirements of §554.1113 of this chapter (relating to Paid
Feeding Assistants) and who is paid to feed residents by a facility
or who is used under an arrangement with another agency or organization.
(100) Palliative Plan of Care--Appropriate medical
and nursing care for residents with advanced and progressive diseases
for whom the focus of care is controlling pain and symptoms while
maintaining optimum quality of life.
(101) PASARR or PASRR--Preadmission Screening and Resident
Review.
(102) Patient care-related electrical appliance--An
electrical appliance that is intended to be used for diagnostic, therapeutic,
or monitoring purposes in a patient care area, as defined in Standard
99 of the National Fire Protection Association.
(103) Person--An individual, firm, partnership, corporation,
association, joint stock company, limited partnership, limited liability
company, or any other legal entity, including a legal successor of
those entities.
(104) Person-centered care--To focus on the resident
as the locus of control, and to support the resident in making choices
and having control over the resident's daily life.
(105) Pharmacist--An individual, licensed by the Texas
State Board of Pharmacy to practice pharmacy, who prepares and dispenses
medications prescribed by a practitioner.
(106) Physical restraint--Any manual method, or physical
or mechanical device, material or equipment attached, or adjacent
to the resident's body, that the individual cannot remove easily which
restricts freedom of movement or normal access to one's body. The
term includes a restraint hold.
(107) Physician--A doctor of medicine or osteopathy
currently licensed by the Texas Medical Board to practice medicine.
(108) Physician assistant (PA)--An individual who is
licensed as a physician assistant under Texas Occupations Code, Chapter
204.
(109) Podiatrist--A practitioner whose profession encompasses
the care and treatment of feet who is licensed to practice podiatry
by the Texas State Board of Podiatric Medical Examiners.
(110) Poison--Any substance that federal or state regulations
require the manufacturer to label as a poison and is to be used externally
by the consumer from the original manufacturer's container. Drugs
to be taken internally that contain the manufacturer's poison label,
but are dispensed by a pharmacist only by or on the prescription order
of a practitioner, are not considered a poison, unless regulations
specifically require poison labeling by the pharmacist.
(111) Practitioner--A physician, podiatrist, dentist,
or an advanced practice registered nurse or physician assistant to
whom a physician has delegated authority to sign a prescription order,
when relating to pharmacy services.
(112) Private and unimpeded access--Access to enter
a facility, or communicate with a resident outside of the hearing
or view of others, without interference or obstruction from facility
employees, volunteers, or contractors.
(113) PRN (pro re nata)--As needed.
(114) Provider--The individual or legal business entity
that is contractually responsible for providing Medicaid services
under an agreement with HHSC.
Cont'd... |
