| (A) any substance recognized as a drug in the official
United States Pharmacopoeia, official Homeopathic Pharmacopoeia of
the United States, or official National Formulary, or any supplement
to any of them;
(B) any substance intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in humans;
(C) any substance (other than food) intended to affect
the structure or any function of the body of a human; and
(D) any substance intended for use as a component of
any substance specified in subparagraphs (A) - (C) of this paragraph.
It does not include devices or their components, parts, or accessories.
(38) Electronic monitoring device--Video surveillance
cameras and audio devices installed in a resident's room, designed
to acquire communications or other sounds that occur in the room.
An electronic, mechanical, or other device used specifically for the
nonconsensual interception of wire or electronic communication is
excluded from this definition.
(39) Emergency--A sudden change in a resident's condition
requiring immediate medical intervention.
(40) Essential Caregiver--A family member, friend,
guardian, volunteer, or other person designated for in-person visits
by an individual, resident, or client or the individual's, resident's,
or client's guardian or legally authorized representative (LAR) during
a public health emergency or disaster. In case of conflict between
an individual's, resident's, or client's selection and a guardian's
selection on behalf of the individual, resident, or client, the guardian's
selection prevails, in accordance with the terms of the guardianship.
If an individual, resident, or client has no guardian and is unable
to select an essential caregiver, the individual's, resident's, or
client's LAR may select the essential caregiver.
(41) Executive Commissioner--The executive commissioner
of the Health and Human Services Commission.
(42) Exploitation--The illegal or improper act or process
of a caregiver, family member, or other individual who has an ongoing
relationship with a resident using the resources of the resident for
monetary or personal benefit, profit, or gain without the informed
consent of the resident.
(43) Facility--Unless otherwise indicated, a facility
is an institution that provides organized and structured nursing care
and service and is subject to licensure under Texas Health and Safety
Code, Chapter 242.
(A) For Medicaid, a facility is a nursing facility
which meets the requirements of §1919(a) - (d) of the Social
Security Act (42 U.S.C. §1396r(a) - (d)). A facility may not
include any institution that is for the care and treatment of mental
diseases except for services furnished to individuals age 65 and over
and who are eligible as defined in Chapter 303 of this title (relating
to Preadmission Screening and Resident Review (PASRR)).
(B) For Medicare and Medicaid purposes (including eligibility,
coverage, certification, and payment), the "facility" is always the
entity which participates in the program, whether that entity is comprised
of all of, or a distinct part of, a larger institution.
(C) "Facility" is also referred to as a nursing home
or nursing facility. Depending on context, these terms are used to
represent the management, administrator, or other persons or groups
involved in the provision of care of the resident; or to represent
the physical building, which may consist of one or more floors or
one or more units, or which may be a distinct part of a licensed hospital.
(44) Family council--A group of family members, friends,
or legal guardians of residents, who organize and meet privately or
openly.
(45) Family representative--An individual appointed
by the resident to represent the resident and other family members,
by formal or informal arrangement.
(46) Fiduciary agent--An individual who holds in trust
another's monies.
(47) Goals--Long-term: general statements of desired
outcomes. Short-term: measurable time-limited, expected results that
provide the means to evaluate the resident's progress toward achieving
long-term goals.
(48) Governmental unit--A state or a political subdivision
of the state, including a county or municipality.
(49) Health care provider--An individual, including
a physician, or facility licensed, certified, or otherwise authorized
to administer health care, in the ordinary course of business or professional
practice.
(50) Hearing--A contested case hearing held in accordance
with the Administrative Procedure Act, Texas Government Code, Chapter
2001, and the formal hearing procedures in 1 TAC Chapter 357, Subchapter
I (relating to Hearings Under the Administrative Procedure Act) and
40 TAC Chapter 91 (relating to Hearings Under the Administrative Procedure
Act).
(51) HHSC--The Texas Health and Human Services Commission.
(52) HIV--Human Immunodeficiency Virus.
(53) Incident--An abnormal event, including accidents
or injury to staff or residents, which is documented in facility reports.
An occurrence in which a resident may have been subject to abuse,
neglect, or exploitation must also be reported to HHSC.
(54) Indirect ownership interest--Any ownership or
membership interest in a person that has a direct ownership interest
in an applicant or license holder.
(55) Infection control--A program designed to prevent
the transmission of disease and infection in order to provide a safe
and sanitary environment.
(56) Inspection--Any on-site visit to or survey of
an institution by HHSC for the purpose of licensing, monitoring, complaint
investigation, architectural review, or similar purpose.
(57) Involuntary seclusion--Separation of a resident
from others or from the resident's room or confinement to the resident's
room, against the resident's will or the will of a person who is legally
authorized to act on behalf of the resident. Monitored separation
from other residents is not involuntary seclusion if the separation
is a therapeutic intervention that uses the least restrictive approach
for the minimum amount of time, not to exceed 24 hours, until professional
staff can develop a care plan to meet the resident's needs.
(58) IV--Intravenous.
(59) Legend drug or prescription drug--Any drug that
requires a written or telephonic order of a practitioner before it
may be dispensed by a pharmacist, or that may be delivered to a particular
resident by a practitioner in the course of the practitioner's practice.
(60) License holder--A person that holds a license
to operate a facility.
(61) Licensed health professional--A physician; physician
assistant; advanced practice registered nurse; physical, speech, or
occupational therapist; pharmacist; physical therapist assistant occupational
therapy assistant; registered professional nurse; licensed vocational
nurse; licensed dietitian; licensed social worker; or certified respiratory
care practitioner.
(62) Licensed vocational nurse (LVN)--A nurse who is
currently licensed by the Texas Board of Nursing as a licensed vocational
nurse.
(63) Life Safety Code--NFPA 101.
(64) Life safety features--Fire safety components required
by NFPA 101, including building construction, fire alarm systems,
smoke detection systems, interior finishes, sizes and thicknesses
of doors, exits, emergency electrical systems, and sprinkler systems.
(65) Life support--Use of any technique, therapy, or
device to assist in sustaining life. (See §554.419 of this chapter
(relating to Advance Directives)).
(66) Local authorities--Persons, including, but not
limited to, local health authority, fire marshal, and building inspector,
who may be authorized by state law, county order, or municipal ordinance
to perform certain inspections or certifications.
(67) Local health authority--The physician appointed
by the governing body of a municipality or the commissioner's court
of the county to administer state and local laws relating to public
health in the municipality's or county's jurisdiction as defined in
Texas Health and Safety Code, §121.021.
(68) Long-term care-regulatory--HHSC Regulatory Services
Division, which is responsible for surveying nursing facilities to
determine compliance with regulations for licensure and certification
for Medicaid participation.
(69) Major injury--An injury that qualifies as a major
injury under NFPA 99.
(70) 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, or
delivery of resident services. Management services do not include
contracts solely for maintenance, laundry, or food service.
Cont'd... |
