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RULE §382.105Definitions

The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise.

  (1) Abortion--As defined in Texas Health and Safety Code §245.002.

  (2) Affiliate--

    (A) An individual or entity that has a legal relationship with another entity, which relationship is created or governed by at least one written instrument that demonstrates:

      (i) common ownership, management, or control;

      (ii) a franchise; or

      (iii) the granting or extension of a license or other agreement that authorizes the affiliate to use the other entity's brand name, trademark, service mark, or other registered identification mark.

    (B) The written instruments referenced in subparagraph (A) of this definition may include a certificate of formation, a franchise agreement, standards of affiliation, bylaws, articles of incorporation or a license, but do not include agreements related to a physician's participation in a physician group practice, such as a hospital group agreement, staffing agreement, management agreement, or collaborative practice agreement.

  (3) Applicant--An individual applying to receive services under FPP, including a current client who is applying to renew.

  (4) Budget group--Members of a household whose needs, income, resources, and expenses are considered in determining eligibility.

  (5) Client--Any individual seeking assistance from an FPP health-care provider to meet their family planning goals.

  (6) Covered service--A service that is reimbursable under FPP.

  (7) Family Planning Program (FPP)--The non-Medicaid program administered by HHSC as outlined in this subchapter.

  (8) Family Planning Program provider--A health-care provider that is contracted with HHSC and qualified to perform covered services.

  (9) Family planning services--Educational or comprehensive medical activities that enable individuals to determine freely the number and spacing of their children and to select the means by which this may be achieved.

  (10) Federal poverty level--The household income guidelines issued annually and published in the Federal Register by the United States Department of Health and Human Services.

  (11) Grantee--An entity that HHSC has contracted with to provide services. The grantee is the responsible entity, even if a subgrantee provides the service.

  (12) Health-care provider--A physician, physician assistant, nurse practitioner, clinical nurse specialist, certified nurse midwife, federally qualified health center, family planning agency, health clinic, ambulatory surgical center, hospital ambulatory surgical center, laboratory, or rural health center.

  (13) HHSC--The Texas Health and Human Services Commission or its designee.

  (14) Medicaid program--The Texas Medical Assistance Program, a joint federal and state program provided for in Texas Human Resources Code Chapter 32, and subject to Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq.

  (15) Minor--In accordance with the Texas Family Code, a person under 18 years of age who has never been married and never been declared an adult by a court (emancipated).

  (16) Point of Service--The location where an individual can receive FPP services.

  (17) Third-party resource--A person or organization, other than HHSC or a person living with an applicant or a client, who may be liable as a source of payment of the applicant's or client's medical expenses, for example, a private health insurance company or liability insurance company.

  (18) Unintended pregnancies--Pregnancies that a female reports as either mistimed or undesired at the time of conception.

  (19) U.S.C.--United States Code.

Source Note: The provisions of this §382.105 adopted to be effective July 1, 2016, 41 TexReg 4630; amended to be effective May 16, 2024, 49 TexReg 3199

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