| (iv) other persons chosen by the individual or LAR,
for example, a family member, a friend, or a teacher; and
(v) 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.
(91) Service provider--A person, who may be a staff
member, who directly provides a TxHmL Program service or CFC service
to an individual.
(92) Sexual abuse--Any of the following:
(A) sexual exploitation of an individual;
(B) non-consensual or unwelcomed sexual activity with
an individual; or
(C) consensual sexual activity between an individual
and a service provider, staff member, volunteer, or controlling person,
unless a consensual sexual relationship with an adult individual
existed before the service provider, staff member, volunteer, or controlling
person became a service provider, staff member, volunteer, or controlling
person.
(93) Sexual activity--An activity that is sexual in
nature, including kissing, hugging, stroking, or fondling with sexual
intent.
(94) Sexual exploitation--A pattern, practice, or scheme
of conduct against an individual that can reasonably be construed
as being for the purposes of sexual arousal or gratification of any
person:
(A) which may include sexual contact; and
(B) does not include obtaining information about an
individual's sexual history within standard accepted clinical practice.
(95) Specialized services--The services defined in
26 TAC §303.102 (relating to Definitions).
(96) Staff member--An employee or contractor of a TxHmL
Program provider.
(97) Standard contract--A contract that HHSC enters
into with a program provider in accordance with §49.209 of this
title that has a term of no more than five years, not including any
extension agreed to in accordance §49.209(d) of this title.
(98) State supported living center--A state-supported
and structured residential facility operated by HHSC to provide to
persons with an intellectual disability a variety of services, including
medical treatment, specialized therapy, and training in the acquisition
of personal, social, and vocational skills, but does not include a
community-based facility owned by HHSC.
(99) System check--A test of the CFC ERS equipment
to determine if:
(A) the individual can successfully activate an alarm
call; and
(B) the equipment is working properly.
(100) Support consultation--A service, as defined in §41.103
of this title, that is provided to an individual participating in
the CDS option at the request of the individual or LAR.
(101) Survey--An initial certification survey, a recertification
survey, a follow-up survey, and an intermittent survey.
(102) TAC--Texas Administrative Code. A compilation
of state agency rules published by the Texas Secretary of State in
accordance with Texas Government Code, Chapter 2002, Subchapter C.
(103) THSC--Texas Health and Safety Code. Texas statutes
relating to health and safety.
(104) Transition plan--As described in 26 TAC §303.102,
a written plan developed by the service planning team for an applicant
residing in a nursing facility who is enrolling in the TxHmL Program.
A transition plan includes the essential and nonessential services
and supports the applicant needs to transition from a nursing facility
to a community setting.
(105) Transportation plan--A written plan, based on
person-directed planning and developed with an applicant or individual
using HHSC Individual Transportation Plan form found on the HHSC website.
A transportation plan is used to document how transportation as a
community support activity will be delivered to support an individual's
desired outcomes and purposes for transportation as identified in
the PDP.
(106) TxHmL Program--The Texas Home Living Program,
operated by HHSC and approved by CMS in accordance with §1915(c)
of the Social Security Act, that provides community-based services
and supports to eligible individuals who live in their own homes or
in their family homes.
(107) Vendor hold--A temporary suspension of payments
that are due to a program provider under a contract.
(108) Verbal or emotional abuse--Any act or use of
verbal or other communication, including gestures:
(A) to:
(i) harass, intimidate, humiliate, or degrade an individual;
or
(ii) threaten an individual with physical or emotional
harm; and
(B) that:
(i) results in observable distress or harm to the individual;
or
(ii) is of such a serious nature that a reasonable
person would consider it harmful or a cause of distress.
(109) Violation--A finding by HHSC that a program provider
is not or has not been in compliance with a certification principle.
(110) Volunteer--A person who works for a program
provider without compensation, other than reimbursement for actual
expenses.
(111) Widespread--The scope of a violation that:
(A) is pervasive throughout the services provided by
the program provider; or
(B) represents a systemic failure by the program provider
that affects or has the potential to affect a large portion of or
all individuals.
(112) Willfully interfering--Acting or not acting to
intentionally prevent, interfere with, or impede, or to attempt to
intentionally prevent, interfere with, or impede.ot including any
extension agreed to in accordance §49.209(d) of this title.
|
| Source Note: The provisions of this §566.3 adopted to be effective January 5, 2003, 27 TexReg 12254; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective March 1, 2007, 32 TexReg 544; amended to be effective June 1, 2008, 33 TexReg 4340; amended to be effective December 1, 2013, 38 TexReg 8673; amended to be effective September 1, 2014, 39 TexReg 6549; amended to be effective July 1, 2015, 40 TexReg 2760; amended to be effective November 15, 2015, 40 TexReg 7827; amended to be effective March 20, 2016,41 TexReg 1867; amended to beeffective October 1, 2019, 44 TexReg 5062; amended to be effective April 28, 2020, 45 TexReg 2704; amended to be effective December 22, 2020, 45 TexReg 9232; transferred effective June 19, 2023, as published in the May 26, 2023 issue of the Texas Register, 48 TexReg 2732 |
