The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) Abuse--An act or failure to act that, with regard
to an individual, meets the definition of "physical abuse," "sexual
abuse," or "verbal/emotional abuse" in Chapter 711, Subchapter A of
this title (relating to Introduction), or the definition of "abuse,"
"physical abuse," "sexual abuse," "verbal abuse," "psychological abuse,"
or "threat" in the Centers for Medicare & Medicaid Services (CMS)
State Operations Manual, Appendix J, Guidance to Surveyors: Intermediate
Care Facilities for Individuals with Intellectual Disabilities, available
at www.cms.gov.
(2) Bedroom--The room at a facility in which an individual
usually sleeps.
(3) Capacity--An individual's ability to:
(A) understand the nature and consequences of a proposed
treatment, including the benefits, risks, and alternatives to the
proposed treatment; and
(B) make a decision whether to undergo the proposed
treatment.
(4) Covert electronic monitoring--Electronic monitoring
that is not open and obvious, and that is conducted when the director
of the facility in which the monitoring is being conducted has not
been informed about the device by the individual, by a person who
placed the device in the bedroom, or by a person who uses the device.
(5) Director--The director of a facility or the director's
designee.
(6) Electronic monitoring--The placement of an electronic
monitoring device in an individual's bedroom and making a tape or
a recording with the device.
(7) Electronic monitoring device (EMD)--A device that:
(A) includes:
(i) a video surveillance camera; and
(ii) an audio device designed to acquire communications
or other sounds; and
(B) does not include an electronic, mechanical, or
other device that is specifically used for the nonconsensual interception
of wire or electronic communications.
(8) Exploitation--An act or failure to act that, with
regard to an individual, meets the definition of "exploitation" in
Chapter 711, Subchapter A of this title (relating to Introduction),
or the definition of "mistreatment" in the CMS State Operations Manual,
Appendix J, Guidance to Surveyors: Intermediate Care Facilities for
Individuals with Intellectual Disabilities, available at www.cms.gov.
(9) Facility--A state supported living center or the
intermediate care facility for individuals with an intellectual disability
component of the Rio Grande State Center.
(10) Guardian--An individual appointed and qualified
as a guardian of the person under Texas Estates Code Title 3.
(11) HHSC--Texas Health and Human Services Commission.
(12) Interdisciplinary team (IDT)--A team consisting
of an individual, the individual's legally authorized representative
and qualified developmental disability professional, other professionals
dictated by the individual's strengths, preferences, and needs, and
staff who regularly and directly provide services and supports to
the individual. The team is responsible for assessing the individual's
treatment, training, and habilitation needs and making recommendations
for services based on the personal goals and preferences of the individual
using a person-directed planning process, including recommendations
on whether the individual is best served in a facility or community
setting.
(13) Legally authorized representative (LAR)--A person
authorized by law to act on behalf of an individual, including a parent,
guardian, or managing conservator of a minor individual, or a guardian
of an adult individual.
(14) Neglect--An act or failure to act that, with regard
to an individual, meets the definition of "neglect" in Chapter 711,
Subchapter A of this title, or the definition of "neglect" in the
CMS State Operations Manual, Appendix J, Guidance to Surveyors: Intermediate
Care Facilities for Individuals with Intellectual Disabilities, available
at www.cms.gov.
(15) SSLC--A state supported living center.
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