The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) Abuse--The negligent or willful infliction of injury,
unreasonable confinement, intimidation, or cruel punishment with resulting
physical or emotional harm or pain to an elderly or disabled person
by the person's caretaker, family member, or other individual who
has an ongoing relationship with the person, or sexual abuse of an
elderly or disabled person, including any involuntary or nonconsensual
sexual conduct that would constitute an offense under Texas Penal
Code, §21.08, (indecent exposure) or Texas Penal Code, Chapter
22, (assaultive offenses) committed by the person's caretaker, family
member, or other individual who has an ongoing relationship with the
(2) Actual harm--A negative outcome that compromises
the physical, mental, or emotional well-being of an elderly person
or a person with a disability receiving services at a facility.
(3) Adult--A person 18 years of age or older, or an
(4) Affiliate--With respect to a:
(A) partnership, each partner of the partnership;
(B) corporation, each officer, director, principal
stockholder, and subsidiary; and each person with a disclosable interest;
(C) natural person, which includes each:
(i) person's spouse;
(ii) partnership and each partner thereof of which
said person or any affiliate of said person is a partner; and
(iii) corporation in which the person is an officer,
director, principal stockholder, or person with a disclosable interest.
(5) Alzheimer's disease and related disorders--Alzheimer's
disease and any other irreversible dementia described by the Centers
for Disease Control and Prevention (CDC) or the most current edition
of the Diagnostic and Statistical Manual of Mental Disorders.
(6) Ambulatory--Mobility not relying on walker, crutch,
cane, other physical object, or use of wheelchair.
(7) Applicant--A person applying for a license under
Texas Human Resources Code, Chapter 103.
(8) Authorization--A case manager's decision, before
DAHS begins and before payment can be made, that DAHS may be provided
to an individual.
(9) Case manager--An HHSC employee who is responsible
for DAHS case management activities. Activities include eligibility
determination, individual enrollment, assessment and reassessment
of an individual's need, service plan development, and intercession
on the individual's behalf.
(10) Caseworker--Case manager.
(11) Change of ownership--An event that results in
a change to the federal taxpayer identification number of the license
holder of a facility. The substitution of a personal representative
for a deceased license holder is not a change of ownership.
(13) Construction, existing--See definition of existing
(14) Construction, new--Construction begun after April
(15) Construction, permanent--A building or structure
that meets a nationally recognized building code's details for foundations,
floors, walls, columns, and roofs.
(16) DADS--The term referred to the Department of Aging
and Disability Services; it now refers to HHSC.
(17) DAHS--Day activity and health services. Health,
social, and related support services.
(18) DAHS facility--A facility that provides services
under a day activity and health services program on a daily or regular
basis, but not overnight, to four or more elderly persons or persons
with disabilities who are not related by blood, marriage, or adoption
to the owner of the facility.
(19) DAHS program--A structured, comprehensive program
offered by a DAHS facility that is designed to meet the needs of adults
with functional impairments by providing DAHS in accordance with individual
plans of care in a protective setting.
(20) Days--Calendar days, unless otherwise specified.
(22) Dietitian consultant--A registered dietitian;
a person licensed by the Texas State Board of Examiners of Dietitians;
or a person with a bachelor's degree with major studies in food and
nutrition, dietetics, or food service management.
(23) Direct service staff--An employee or contractor
of a facility who directly provides services to individuals, including
the director, a licensed nurse, the activities director, and an attendant.
An attendant includes a driver, food service worker, aide, janitor,
porter, maid, and laundry worker. A dietitian consultant is not a
member of the direct service staff.
(24) Director--The person responsible for the overall
operation of a facility.
(25) Direct ownership interest--Ownership of equity
in the capital, stock, or profits of, or a membership interest in,
an applicant or license holder.
(26) Disclosable interest--Five percent or more direct
or indirect ownership interest in an applicant or license holder.
(27) Elderly person--A person 65 years of age or older.
(28) Executive Commissioner--The executive commissioner
(29) Existing building--A building or portion thereof
that, at the time of initial inspection by HHSC, is used as an adult
day care occupancy, as defined by Life Safety Code, NFPA 101, 2000
edition, Chapter 17 for existing adult day care occupancies; or has
been converted from another occupancy or use to an adult day care
occupancy, as defined by Chapter 16 for new adult day care occupancies.
(30) Exploitation--An illegal or improper act or process
of a caretaker, family member, or other individual, who has an ongoing
relationship with the elderly person or person with a disability,
using the resources of an elderly person or person with a disability
for monetary or personal benefit, profit, or gain without the informed
consent of the elderly person or person with a disability.
(31) Facility--A licensed DAHS facility.
(32) Fence--A barrier to prevent elopement of an individual
or intrusion by an unauthorized person, consisting of posts, columns,
or other support members, and vertical or horizontal members of wood,
masonry, or metal.
(33) FM--FM Global (formerly known as Factory Mutual).
A corporation whose approval of a product indicates a level of testing
and certification that is acceptable to HHSC.
(34) Fraud--A deliberate misrepresentation or intentional
concealment of information to receive or to be reimbursed for service
delivery to which an individual is not entitled.
(35) Functional impairment--A condition that requires
assistance with one or more personal care services.
(36) Health assessment--An assessment of an individual
by a facility used to develop the individual's plan of care.
(37) Health services--Services that include personal
care, nursing, and therapy services.
(A) Personal care services include:
(iii) preparing meals;
(vi) taking self-administered medication;
(viii) ambulation; and
(ix) assistance with other personal needs or maintenance.
(B) Nursing services may include:
(i) the administration of medications;
(ii) physician-ordered treatments, such as dressing
(iii) monitoring the health condition of the individual.
(C) Therapy services may include:
(ii) occupational; and
(iii) speech therapy.
(38) HHSC--The Texas Health and Human Services Commission.
(39) Human services--Include the following services:
(A) personal social services, including:
(iii) in-home care; and
(iv) protective services;
(B) health services, including:
(i) home health;
(ii) family planning;
(iii) preventive health programs;
(iv) nursing facility; and
(C) education services, meaning:
(i) all levels of school;
(ii) Head Start; and
(iii) vocational programs;
(D) housing and urban environment services, including
(E) income transfer services, including:
(i) Temporary Assistance for Needy Families; and
(ii) Supplemental Nutrition Assistance Program; and
(F) justice and public safety services, including:
(i) parole and probation; and
(40) Human service program--An intentional, organized,
ongoing effort designed to provide good to others. The characteristics
of a human service program are:
(A) dependent on public resources and are planned and
provided by the community;
(B) directed toward meeting human needs arising from
day-to-day socialization, health care, and developmental experiences;
(C) used to aid, rehabilitate, or treat people in difficulty
(41) Immediate threat to the health or safety of an
elderly person or a person with a disability--A situation that causes,
or is likely to cause, serious injury, harm, or impairment to or the
death of an elderly person or a person with a disability receiving
services at a facility.
(42) Indirect ownership interest--Any ownership or
membership interest in a person that has a direct ownership interest
in an applicant or license holder.
(43) Individual--A person who applies for or is receiving
services at a facility.
(44) Isolated--A very limited number of elderly persons
or persons with disabilities receiving services at a facility are
affected and a very limited number of staff are involved, or the situation
has occurred only occasionally.
(45) License holder--A person that holds a license
to operate a facility.
(46) Life Safety Code, NFPA 101--The Code for Safety
to Life from Fire in Buildings and Structures, NFPA 101, a publication
of the National Fire Protection Association, Inc. that:
(A) addresses the construction, protection, and occupancy
features necessary to minimize danger to life from fire, including
smoke, fumes, or panic; and
(B) establishes minimum criteria for the design of
egress features so as to permit prompt escape of occupants from buildings
or, where desirable, into safe areas within the building.
(47) Long-term care facility--A facility that provides
care and treatment or personal care services to four or more unrelated
(A) a nursing facility licensed under Texas Health
and Safety Code, Chapter 242;
(B) an assisted living facility licensed under Texas
Health and Safety Code, Chapter 247; and
(C) an intermediate care facility serving individuals
with an intellectual disability or related conditions licensed under
Texas Health and Safety Code, Chapter 252.
(48) LVN--Licensed vocational nurse. A person licensed
by the Texas Board of Nursing who works under the supervision of a
registered nurse (RN) or a physician.
(49) Management services--Services provided under contract
between the owner of a facility and a person to provide for the operation
of a facility, including administration, staffing, maintenance, and
delivery of services. Management services do not include contracts
solely for maintenance, laundry, or food services.
(50) Manager--A person having a contractual relationship
to provide management services to a facility.
(51) Medicaid-eligible--An individual who is eligible
(52) Medically related program--A human services program
under the human services-health services category in the definition
of human services in this section.
(53) Neglect--The failure to provide for one's self
the goods or services, including medical services, that are necessary
to avoid physical harm, mental anguish, or mental illness; or the
failure of a caregiver to provide these goods or services.
(54) NFPA--The National Fire Protection Association.
NFPA is an organization that develops codes, standards, recommended
practices, and guides through a consensus standards development process
approved by the American National Standards Institute.
(55) NFPA 10--Standard for Portable Fire Extinguishers.
A standard developed by NFPA for the selection, installation, inspection,
maintenance, and testing of portable fire extinguishing equipment.