| (78) Licensed vocational nursing--A CLASS Program service
that provides vocational nursing, as defined in Texas Occupations
Code §301.002.
(79) LIDDA--Local intellectual and developmental disability
authority. An entity designated by the executive commissioner of HHSC,
in accordance with THSC §533A.035.
(80) LOC--Level of care. A determination given to an
individual as part of the eligibility determination process based
on data on the ID/RC Assessment.
(81) Managed care organization--This term has the meaning
set forth in Texas Government Code §536.001.
(82) MAO Medicaid--Medical Assistance Only Medicaid.
A type of Medicaid by which an individual qualifies financially for
Medicaid assistance but does not receive Supplemental Security Income
(SSI) benefits.
(83) Massage therapy--A specialized therapy defined
in Texas Occupations Code §455.001.
(84) Medicaid--A program administered by CMS and funded
jointly by the states and the federal government that pays for health
care to eligible groups of low-income people.
(85) Medicaid HCBS--Medicaid home and community-based
services. Medicaid services provided to an individual in an individual's
home and community, rather than in a facility.
(86) Mental health facility--A facility licensed in
accordance with THSC Chapter 577.
(87) MESAV--Medicaid Eligibility Service Authorization
Verification. The automated system that contains information regarding
an individual's Medicaid eligibility and service authorizations.
(88) Military family member--A person who is the spouse
or child, regardless of age, of:
(A) a military member; or
(B) a former military member.
(89) Military member--A member of the United States
military serving in the Army, Navy, Air Force, Marine Corps, Coast
Guard, or Space Force on active duty who has declared and maintains
Texas as the member's state of legal residence in the manner provided
by the applicable military branch.
(90) Minor home modifications--A CLASS Program service
that:
(A) makes a physical adaptation to an individual's
residence that:
(i) is necessary to address the individual's specific
needs; and
(ii) enables the individual to function with greater
independence in the individual's residence or to control his or her
environment; and
(B) meets one of the following criteria:
(i) is included on the list of minor home modifications
in the Community Living Assistance and Support
Services Provider Manual; or
(ii) is the repair or maintenance of a minor home modification
purchased through the CLASS Program that:
(I) is needed after one year has elapsed from the date
the minor home modification is complete;
(II) is needed for a reason other than the minor home
modification was intentionally damaged, as described in §259.285(c)
of this chapter (relating to Repair or Replacement of Minor Home Modification);
and
(III) is not covered by a warranty.
(91) Music therapy--A specialized therapy that uses
musical or rhythmic interventions to restore, maintain, or improve
an individual's social or emotional functioning, mental processing,
or physical health.
(92) Natural supports--Unpaid persons, including family
members, volunteers, neighbors, and friends, who assist and sustain
an individual.
(93) Neglect--A negligent act or omission that caused
physical or emotional injury or death to an individual or placed an
individual at risk of physical or emotional injury or death.
(94) Nursing--One or more of the following CLASS Program
services:
(A) licensed vocational nursing;
(B) registered nursing;
(C) specialized licensed vocational nursing; and
(D) specialized registered nursing.
(95) Nursing facility--A facility that is licensed
or is exempt from licensure in accordance with THSC Chapter 242.
(96) Occupational therapy--A CLASS Program service
that provides occupational therapy, as described in Texas Occupations
Code §454.006.
(97) Own home or family home--A residence that is not:
(A) an ICF/IID;
(B) a nursing facility;
(C) an ALF;
(D) a residential child-care facility unless it is
an agency foster home;
(E) a hospital;
(F) a mental health facility;
(G) an inpatient chemical dependency treatment facility;
(H) a residential facility operated by the Texas Workforce
Commission;
(I) a residential facility operated by the Texas Juvenile
Justice Department;
(J) a jail; or
(K) a prison.
(98) PAS/HAB plan--Personal Assistance Services/Habilitation
Plan. A written plan developed by an individual's service planning
team and documented on the HHSC Personal Assistance Services (PAS)/Habilitation
Plan form that describes the type and frequency of CFC PAS/HAB activities
to be performed by a service provider.
(99) Person--A corporation, organization, government
or governmental subdivision or agency, business trust, estate, trust,
partnership, association, natural person, or any other legal entity
that can function legally, sue or be sued, and make decisions through
agents.
(100) Person-centered planning process--The process
described in §259.57 of this chapter (relating to Person-Centered
Planning Process).
(101) Physical abuse--Any of the following:
(A) an act or failure to act performed knowingly, recklessly,
or intentionally, including incitement to act, that caused physical
injury or death to an individual or placed an individual at risk of
physical injury or death;
(B) an act of inappropriate or excessive force or corporal
punishment, regardless of whether the act results in a physical injury
to an individual;
(C) the use of a restraint on an individual not in
compliance with federal and state laws, rules, and regulations; or
(D) seclusion.
(102) Physical therapy--A CLASS Program service that
provides physical therapy, as defined in Texas Occupations Code §453.001.
(103) Physician--Consistent with §558.2 of this
title (relating to Definitions), 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 an
individual, and orders home health or hospice services for the individual
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).
(104) Platform--This term has the meaning set forth
in Texas Government Code §531.001(4-d).
(105) Prevocational services--A CLASS Program service
that provides services that are not job-task oriented and are provided
to an individual whose service planning team does not expect to be
employed, without receiving supported employment, within one year
after the date prevocational services begin. Prevocational services
prepare an individual for competitive employment and consist of:
(A) assessment of vocational skills an individual needs
to develop or improve upon;
(B) individual and group instruction regarding barriers
to employment;
(C) training in skills:
(i) that are not job-task oriented;
(ii) that are related to goals identified in the individual's
IPP for prevocational services;
(iii) that are essential to obtaining and retaining
competitive employment, such as the effective use of community resources,
transportation, and mobility training; and
(iv) for which an individual is not compensated more
than 50 percent of the federal minimum wage or industry standard,
whichever is greater;
(D) training in the use of adaptive equipment necessary
to obtain and retain competitive employment; and
Cont'd... |
