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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 263HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER AGENERAL PROVISIONS
RULE §263.3Definitions

  (38) Health-related tasks--Specific tasks related to the needs of an individual, which can be delegated or assigned by a licensed health care professional under state law to be performed by a service provider of CFC PAS/HAB. This includes tasks delegated by an RN; health maintenance activities, that may not require delegation; and activities assigned to a service provider of CFC PAS/HAB by a licensed physical therapist, occupational therapist, or speech-language pathologist.

  (39) HHSC--The Texas Health and Human Services Commission.

  (40) Hospital--A public or private institution licensed or exempt from licensure in accordance with Texas Health and Safety Code (THSC) Chapters 13, 241, 261, or 552.

  (41) IADLs--Instrumental activities of daily living. Activities related to living independently in the community, including meal planning and preparation; managing finances; shopping for food, clothing, and other essential items; performing essential household chores; communicating by phone or other media; and traveling around and participating in the community.

  (42) ICAP--Inventory for Client and Agency Planning. An instrument designed to assess a person's needs, skills, and abilities.

  (43) ICF/IID--Intermediate care facility for individuals with an intellectual disability or related conditions. An ICF/IID is a facility in which ICF/IID Program services are provided and that is:

    (A) licensed in accordance with THSC Chapter 252; or

    (B) certified by HHSC, including a state supported living center.

  (44) ICF/IID Program--The Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions Program, which provides Medicaid-funded residential services to individuals with an intellectual disability or related conditions.

  (45) ID/RC Assessment--Intellectual Disability/Related Conditions Assessment. A form used by HHSC for level of care determination and level of need assignment.

  (46) Implementation plan--A written document developed by a program provider for an individual, for each HCS Program service, except supported home living, and for each CFC service, except CFC support management, on the individual's IPC to be provided by the program provider. An implementation plan includes:

    (A) a list of outcomes identified in the person-directed plan that will be addressed using HCS Program services and CFC services;

    (B) specific objectives to address the outcomes required by subparagraph (A) of this paragraph that are:

      (i) observable, measurable, and outcome-oriented; and

      (ii) derived from assessments of the individual's strengths, personal goals, and needs;

    (C) a target date for completion of each objective;

    (D) the number of units of HCS Program services and CFC services needed to complete each objective;

    (E) the frequency and duration of HCS Program services and CFC services needed to complete each objective; and

    (F) the signature and date of the individual, LAR, and the program provider.

  (47) In person or in-person--Within the physical presence of another person who is awake. In person or in-person does not include using videoconferencing or a telephone.

  (48) Individual--A person enrolled in the HCS Program.

  (49) Initial IPC--The first IPC for an individual developed before the individual's enrollment into the HCS Program.

  (50) Inpatient chemical dependency treatment facility--A facility licensed in accordance with THSC Chapter 464, Facilities Treating Persons with a Chemical Dependency.

  (51) Intellectual disability--This term has the meaning set forth in §304.102 of this title.

  (52) IPC--Individual plan of care. A written plan that:

    (A) states:

      (i) the type and amount of each HCS Program service and each CFC service, except for CFC support management, to be provided to the individual during an IPC year;

      (ii) the services and supports to be provided to the individual through resources other than HCS Program services or CFC services, including natural supports, medical services, and educational services; and

      (iii) if an individual will receive CFC support management; and

    (B) is authorized by HHSC.

  (53) IPC cost--Estimated annual cost of HCS Program services included on an IPC.

  (54) IPC year--The effective period of an initial IPC and renewal IPC as described in this paragraph.

    (A) Except as provided in subparagraph (B) of this paragraph, the IPC year for an initial and renewal IPC is a 365-calendar day period starting on the begin date of the initial or renewal IPC.

    (B) If the begin date of an initial or renewal IPC is March 1 or later in a year before a leap year or January 1 - February 28 of a leap year, the IPC year for the initial or renewal IPC is a 366-calendar day period starting on the begin date of the initial or renewal IPC.

    (C) A revised IPC does not change the begin or end date of an IPC year.

  (55) LAR--Legally authorized representative. A person authorized by law to act on behalf of another person with regard to a matter described in this chapter, including a parent, guardian, or managing conservator of a minor; a guardian of an adult; an agent appointed under a power of attorney; or a representative payee appointed by the Social Security Administration. An LAR, such as an agent appointed under a power of attorney or representative payee appointed by the Social Security Administration, may have limited authority to act on behalf of a person.

  (56) LIDDA--Local intellectual and developmental disability authority. An entity designated by the executive commissioner of HHSC, in accordance with THSC §533A.035.

  (57) LOC--Level of care. A determination given to an applicant or individual as part of the eligibility determination process based on data submitted on the ID/RC Assessment.

  (58) LON--Level of need. An assignment given by HHSC to an individual upon which reimbursement for host home/companion care, supervised living, residential support, in-home day habilitation, and day habilitation is based.

  (59) Managed care organization--This term has the meaning set forth in Texas Government Code §536.001.

  (60) MAO Medicaid--Medical Assistance Only Medicaid. A type of Medicaid by which an applicant or individual qualifies financially for Medicaid assistance but does not receive Supplemental Security Income (SSI) benefits.

  (61) 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.

  (62) Mental health facility--A facility licensed in accordance with THSC Chapter 577, Private Mental Hospitals and Other Mental Health Facilities.

  (63) 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.

  (64) 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.

  (65) Natural supports--Unpaid persons, including family members, volunteers, neighbors, and friends, who voluntarily assist an individual to achieve the individual's identified goals.

  (66) 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.

  (67) Nursing facility--A facility licensed in accordance with THSC Chapter 242.

  (68) PDP--Person-directed plan. A plan developed with an applicant or individual and LAR using an HHSC form that:

    (A) describes the supports and services necessary to achieve the desired outcomes identified by the applicant or individual and LAR and to ensure the applicant's or individual's health and safety; and

    (B) includes the setting for each service, which must be selected by the individual or LAR from setting options.

  (69) Performance contract--A written agreement between HHSC and a LIDDA for the performance of delegated functions, including those described in THSC §533A.035.

  (70) Permanency planner--A person who:

    (A) develops a permanency plan using the HHSC Permanency Planning Instrument for Children Under 22 Years of Age form; and

Cont'd...

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