The following words and terms in this chapter have the following
meanings, unless the context clearly indicates otherwise:
(1) Abuse--Is defined by the statute or rule that governs
the investigation of alleged abuse of an individual using the CDS
option or receiving facility or agency services.
(2) Administrative law judge--An administrative law
judge from the Texas State Office of Administrative Hearings (SOAH)
who is authorized to preside over certain administrative hearings
under this chapter and in accordance with Texas Government Code, Chapter
2001.
(3) Administrative hearing--A contested case hearing
conducted under this chapter by SOAH based on a written request for
hearing by an employee contesting the Texas Health and Human Services
Commission's (HHSC's) determination that the employee committed reportable
conduct.
(4) Agency--In this chapter means:
(A) a home and community support services agency licensed
under Texas Health and Safety Code (THSC) Chapter 142, that provides
services to an elderly or disabled adult;
(B) a person exempt from licensing under THSC §142.003(a)(19);
(C) a facility for persons with an intellectual disability
or related conditions licensed under THSC Chapter 252;
(D) a state supported living center as defined in THSC §531.002;
(E) a local authority designated under THSC §533.035;
(F) a community center as defined in THSC §531.002;
(G) a mental health facility operated by the Texas
Department of State Health Services;
(H) the intermediate care facility for individuals
with an intellectual disability component of the Rio Grande State
Center; or
(I) a contractor of an entity described in subparagraphs
(D) - (H) of this paragraph.
(5) Child--A person under 18 years of age who is not
and has not been married or who has not had the disabilities of minority
removed for general purposes.
(6) Consumer directed services option (CDS option)--A
service delivery option, described in Texas Administrative Code, Title
40, Chapter 41 (relating to Consumer Directed Services Option), in
which an individual or legally authorized representative (LAR) employs
and retains service providers and directs the delivery of program
services.
(7) Executive Commissioner--The executive commissioner
of HHSC.
(8) Employee--A person who:
(A) works for an agency, a facility, or an individual
employer;
(B) provides personal care services, active treatment,
or any other personal services to an individual using the CDS option
or receiving facility or agency services; and
(C) is not licensed to perform those services or is
a nurse aide.
(9) Employee Misconduct Registry--The registry established
in THSC Chapter 253, and available on the HHSC website.
(10) Exploitation--Is defined by the statute or rule
that governs the investigation of alleged exploitation of an individual
using the CDS option or receiving facility or agency services.
(11) Facility--In this chapter means:
(A) a nursing facility licensed under THSC Chapter
242;
(B) an assisted living facility licensed under THSC
Chapter 247;
(C) a home and community support services agency licensed
under THSC Chapter 142, that provides services to a child;
(D) a home and community support services agency licensed
under THSC Chapter 142, as a hospice inpatient unit or hospice residential
unit;
(E) a day activity and health services facility licensed
under Texas Human Resources Code, Chapter 103;
(F) an adult foster care provider that contracts with
HHSC; or
(G) a prescribed pediatric extended care center licensed
under THSC, Chapter 248A.
(12) Financial management services agency (FMSA)--As
defined in Texas Administrative Code, Title 40, Chapter 41 §41.103
(relating to Definitions), an entity that contracts with HHSC to provide
financial management services to individuals who use the CDS option.
(13) Individual employer--An employer, as defined in
Texas Administrative Code, Title 40, Chapter 41 §41.103, which
is an individual or LAR who participates in the CDS option and is
responsible for hiring and retaining service providers to deliver
program services.
(14) Informal review (IR)--An opportunity for an employee
to dispute the preliminary results of an investigation by providing
HHSC with additional information, initiated by a written request by
the employee.
(15) Neglect--Is defined by the statute or rule that
governs the investigation of alleged neglect of an individual using
the CDS option or receiving facility or agency services.
(16) Nurse Aide Registry (NAR)--The registry established
in THSC §250.001(1), and available on the HHSC website.
(17) Reportable conduct--Reportable conduct, as defined
in THSC §253.001, which includes:
(A) abuse or neglect that causes or may cause death
or harm to an individual using the CDS option or receiving facility
or agency services;
(B) sexual abuse of an individual using the CDS option
or receiving facility or agency services;
(C) financial exploitation of an individual using the
CDS option or receiving facility or agency services in the amount
of $25 or more; and
(D) emotional, verbal, or psychological abuse that
causes harm to an individual using the CDS option or receiving facility
or agency services.
(18) Texas State Office of Administrative Hearings
(SOAH)--The state agency responsible for conducting certain administrative
hearings for other state agencies, including HHSC.
(19) THSC--Texas Health and Safety Code.
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