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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 30MEDICAID HOSPICE PROGRAM
SUBCHAPTER AINTRODUCTION
RULE §30.4Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Individual subchapters may have definitions which are specific to the subchapter.

  (1) Attending physician--A physician who:

    (A) is a doctor of medicine or osteopathy; and

    (B) is identified by the individual, at the time the individual elects to receive hospice care, as having the most significant role in the determination and delivery of the individual's medical care.

  (2) Bereavement counseling--Counseling services provided to the individual's family after the individual's death.

  (3) Cap period--The 12-month period ending October 31 used in the application of the cap on overall hospice reimbursement specified in §30.60 of this title (relating to Medicaid Hospice Payments and Limitations).

  (4) Curative care--Care designed to restore a person to health.

  (5) Employee--An employee (defined by the Social Security Act, Section 210(j)) of the hospice or, if the hospice is a subdivision of an agency or organization, an employee of the agency or organization who is appropriately trained and assigned to the hospice unit. "Employee" also refers to a volunteer under the jurisdiction of the hospice.

  (6) Hospice--A public agency or private organization or subdivision of either of these that is primarily engaged in providing care to terminally ill individuals.

  (7) ICF/IID--Intermediate care facility for individuals with an intellectual disability or related conditions.

  (8) ICF/MR-RC--ICF/IID.

  (9) Palliative care--Care designed to relieve or reduce intensity of uncomfortable symptoms but not to produce a cure.

  (10) Physician--As defined in 42 Code of Federal Regulations §410.20.

  (11) Representative--An individual who has been authorized under state law to terminate medical care or to elect or revoke the election of hospice care on behalf of a terminally ill individual who is mentally or physically incapacitated.

  (12) Social worker--A person who has at least a bachelor's degree from a school accredited or approved by the Council on Social Work Education.

  (13) Terminally ill--The individual has a medical prognosis that his or her life expectancy is six months or less if the illness runs its normal course.


Source Note: The provisions of this §30.4 adopted to be effective March 1, 2001, 26 TexReg 1549; amended to be effective September 1, 2014, 39 TexReg 6602

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