| (B) involve or affect the same individuals, service
providers, or volunteers.
(67) PDP--Person-directed plan. A written plan, based
on person-directed planning and developed with an applicant or individual
in accordance with the HHSC Person-Directed Plan form and discovery
tool found on the HHSC website, that describes the supports and services
necessary to achieve the desired outcomes identified by the applicant,
individual, or LAR and ensure the applicant's or individual's health
and safety.
(68) Performance contract--A written agreement between
HHSC and a LIDDA for the performance of delegated functions, including
those described in THSC, §533A.035.
(69) 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.
(70) Physical restraint--Any manual method used to
control an individual's behavior, except for physical guidance or
prompting of brief duration that an individual does not resist, that
restricts:
(A) the free movement or normal functioning of all
or a part of the individual's body; or
(B) normal access by an individual to a portion of
the individual's body.
(71) Plan of correction--A plan documented on the
HHSC Plan of Correction form that includes the corrective action that
a program provider will take for each violation identified on a final
survey report.
(72) Plan of removal--A written plan that describes
the action a program provider will take to remove an immediate threat
that HHSC identifies.
(73) Post 45-day follow-up survey--A follow-up survey
conducted at least 46 calendar days after the exit conference of the
survey in which the violation requiring corrective action was identified.
(74) Post-move monitoring visit--As described in 26
TAC §303.702 (relating to Post-transition Responsibilities),
a visit conducted by the service coordinator in the individual's
residence and other locations, as determined by the service planning
team, for an individual who enrolled in the TxHmL Program from a nursing
facility or enrolled in the TxHmL Program as a diversion from admission
to a nursing facility. The purpose of the visit is to review the individual's
residence and other locations to:
(A) assess whether essential supports identified in
the transition plan are in place;
(B) identify gaps in care; and
(C) address such gaps, if any, to reduce the risk of
crisis, re-admission to a nursing facility, or other negative outcome.
(75) Pre-move site review--As described in 26 TAC §303.701
(relating to Transition Planning for a Designated Resident), a review
conducted by the service coordinator in the planned residence and
other locations, as determined by the service planning team, for an
applicant transitioning from a nursing facility to the TxHmL Program.
The purpose of the review is to ensure that essential services and
supports described in the applicant's transition plan are in place
before the applicant moves to the residence or receives services in
the other locations.
(76) Program provider--A person, as defined in §49.102
of this title (relating to Definitions), that has a contract with
HHSC to provide TxHmL Program services, excluding an FMSA.
(77) Provisional contract--A contract that HHSC enters
into with a program provider in accordance with §49.208 of this
title (relating to Provisional Contract Application Approval) that
has a term of no more than three years, not including any extension
agreed to in accordance with §49.208(e) of this title (relating
to Standard Contract).
(78) Public emergency personnel--Personnel of a sheriff's
department, police department, emergency medical service, or fire
department.
(79) Recertification survey--A review by HHSC of a
program provider with a standard contract to determine if the program
provider is in compliance with the certification principles and will
be certified for a new certification period.
(80) Related condition--A severe and chronic disability
that:
(A) is attributed to:
(i) cerebral palsy or epilepsy; or
(ii) any other condition, other than mental illness,
found to be closely related to an intellectual disability because
the condition results in impairment of general intellectual functioning
or adaptive behavior similar to that of individuals with an intellectual
disability, and requires treatment or services similar to those required
for individuals with an intellectual disability;
(B) is manifested before the individual reaches age
22;
(C) is likely to continue indefinitely; and
(D) results in substantial functional limitation in
at least three of the following areas of major life activity:
(i) self-care;
(ii) understanding and use of language;
(iii) learning;
(iv) mobility;
(v) self-direction; and
(vi) capacity for independent living.
(81) Repeated violation--A violation that is:
(A) based on the same certification principle; and
(B) involves the same TxHmL Program service.
(82) Respite facility--A site that is not a residence
and that is owned or leased by a program provider for the purpose
of providing out-of-home respite to not more than six individuals
receiving TxHmL Program services or other persons receiving similar
services at any one time.
(83) Responder--A person designated to respond to an
alarm call activated by an individual.
(84) Restraint--Any of the following:
(A) a physical restraint;
(B) a mechanical restraint; or
(C) a chemical restraint.
(85) RN--Registered nurse. A person licensed to practice
professional nursing in accordance with Texas Occupations Code, Chapter
301.
(86) Seclusion--The involuntary placement of an individual
alone in an area from which the individual is prevented from leaving.
(87) Service backup plan--A plan that ensures continuity
of a service that is critical to an individual's health and safety
if service delivery is interrupted.
(88) Service coordination--A service as defined in
Chapter 2, Subchapter L of this title (relating to Service Coordination
for Individuals with an Intellectual Disability).
(89) Service coordinator--An employee of a LIDDA who
provides service coordination to an individual.
(90) Service planning team--One of the following:
(A) for an applicant or individual other than one described
in subparagraphs (B) or (C) of this paragraph, a planning team consisting
of:
(i) an applicant or individual and LAR;
(ii) service coordinator; and
(iii) other persons chosen by the applicant, individual,
or LAR, for example, a staff member of the program provider, a family
member, a friend, or a teacher;
(B) for an applicant 21 years of age or older who is
residing in a nursing facility and enrolling in the TxHmL Program,
a planning team consisting of:
(i) the applicant and LAR;
(ii) service coordinator;
(iii) a staff member of the program provider;
(iv) providers of specialized services;
(v) a nursing facility staff person who is familiar
with the applicant's needs;
(vi) other persons chosen by the applicant or LAR,
for example, a family member, a friend, or a teacher; and
(vii) at the discretion of the LIDDA, other persons
who are directly involved in the delivery of services to persons with
an intellectual or developmental disability; or
(C) for an individual 21 years of age or older who
has enrolled in the TxHmL program from a nursing facility or has enrolled
in the TxHmL Program as a diversion from admission to a nursing facility,
for 180 days after enrollment, a planning team consisting of:
(i) the individual and LAR;
(ii) service coordinator;
(iii) a staff member of the program provider;
Cont'd... |
