The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) ABL--Adaptive behavior level. The categorization
of an individual's functioning level of adaptive behavior into one
of five levels ranging from minimal limitations (0) through profound
limitations (IV).
(2) Adaptive behavior--The effectiveness with or degree
to which an individual meets the standards of personal independence
and social responsibility expected of the individual's age and cultural
group as assessed by a standardized measure.
(3) ASD--Autism spectrum disorder. As described in
the most current Diagnostic and Statistical Manual of Mental Disorders
(DSM), a disorder characterized by persistent impairment in reciprocal
social communication and social interaction and restricted, repetitive
patterns of behavior, interests, or activities. These symptoms are
present from early childhood and limit or impair everyday functioning.
(4) Asperger disorder--A neurodevelopmental disorder
characterized by severe, sustained, clinically significant impairment
of social interaction or communication skills and restricted, repetitive,
and stereotyped patterns of behavior or interests. Symptoms may present
later during the individual's development. Since the expanded definition
of ASD in the DSM, effective 2013, Asperger disorder is subsumed under
the diagnosis of ASD.
(5) Authorized provider--A person who is:
(A) a physician licensed to practice in Texas;
(B) a psychologist licensed to practice in Texas; or
(C) a certified authorized provider.
(6) Certified authorized provider--A person who is
certified by the Texas Health and Human Services Commission (HHSC)
as described in §304.302 of this chapter (relating to Certified
Authorized Provider).
(7) Developmental period--The period of time between
birth and before the individual reaches 18 years of age.
(8) Diagnostic assessment--An assessment, including
a determination of intellectual disability (DID), conducted to determine
if an individual meets the criteria for a diagnosis of intellectual
disability (ID), ASD, or a related condition.
(9) Diagnostic assessment report--The written report
from a diagnostic assessment not conducted by an authorized provider
employed by or contracting with a local intellectual and developmental
disability authority (LIDDA) or state supported living center (SSLC),
including reports completed by private entities or schools.
(10) DID--Determination of intellectual disability.
An assessment conducted in accordance with §304.401 of this chapter
(relating to Conducting a Determination of Intellectual Disability)
by an authorized provider to determine if an individual meets the
criteria for a diagnosis of intellectual disability as defined in
paragraph (15) of this section.
(11) DID report--Determination of intellectual disability
report. The findings of the DID conducted by an authorized provider
employed by or contracting with a LIDDA or SSLC written in accordance
with §304.402 of this chapter (relating to The Determination
of Intellectual Disability Report).
(12) DSM--The American Psychiatric Association's Diagnostic
and Statistical Manual of Mental Disorders.
(13) Endorsement--The process by which a previous assessment
report, including a DID report, which meets the requirements in §304.402
of this chapter, is determined by an authorized provider to be a current
representation of the individual's functioning for the purposes of
diagnosis and service eligibility. When appropriate, an endorsement
is completed in lieu of a DID.
(14) HHSC--Texas Health and Human Services Commission.
(15) ID--Intellectual disability. Consistent with Texas
Health and Safety Code (THSC), §591.003, significantly subaverage
general intellectual functioning existing concurrently with deficits
in adaptive behavior and manifested during the developmental period.
(16) Individual--A person who is the subject of a diagnostic
assessment or who has been determined to be in the LIDDA priority
population.
(17) LAR--Legally authorized representative. A person
authorized by law to act on behalf of an individual with regard to
a matter described in this chapter, and who may be a parent, guardian,
or managing conservator of a minor individual, or a guardian of an
adult individual.
(18) LIDDA--Local intellectual and developmental disability
authority. An entity designated in accordance with THSC, §533A.035(a).
(19) LIDDA priority population--Local intellectual
and developmental disability authority priority population. A group
comprised of persons who meet one or more of the following descriptions:
(A) a person with an ID;
(B) a person with ASD;
(C) a person with a related condition on the current
HHSC-approved list of related conditions, available on the HHSC website,
who is eligible for and enrolling in services in the Intermediate
Care Facilities for Individuals with an Intellectual Disability (ICF/IID)
Program, the Home and Community-based Services (HCS) Program, the
Texas Home Living (TxHmL) Program or other HHSC-approved programs;
(D) a nursing facility resident who is eligible for
specialized services for an ID or a related condition pursuant to §1919(e)(7)
of the Social Security Act (United States Code, Title 42, §1396r(e)(7));
(E) a child who is eligible for Early Childhood Intervention
services through HHSC; or
(F) a person diagnosed by an authorized provider as
having a pervasive developmental disorder (PDD) or Asperger disorder
through a diagnostic assessment completed before 2013.
(20) LIDDA services--Local intellectual and developmental
disability authority services. Services provided by or through a LIDDA
that are funded with general revenue pursuant to a performance contract
with HHSC.
(21) PDD--Pervasive developmental disorder. A severe
and pervasive impairment in the developmental areas of reciprocal
social interaction skills or communication skills, or the presence
of stereotyped behaviors, interests, and activities manifested during
the individual's development. Since the expanded definition of ASD
in the DSM, effective 2013, PDD is subsumed under the diagnosis of
ASD.
(22) Related condition--As defined in the Code of Federal
Regulations (CFR), Title 42, §435.1010, a severe and chronic
disability that:
(A) is attributable to:
(i) cerebral palsy or epilepsy; or
(ii) any other condition, other than mental illness,
found to be closely related to an ID because the condition results
in impairment of general intellectual functioning or adaptive behavior
similar to that of persons with an ID, and requires treatment or services
similar to those required for persons with an ID;
(B) is manifested before the person reaches age 22;
(C) is likely to continue indefinitely; and
(D) results in substantial functional limitation in
three or more of the following areas of major life activity:
(i) self-care;
(ii) understanding and use of language;
(iii) learning;
(iv) mobility;
(v) self-direction; and
(vi) capacity for independent living.
(23) Residential care facility--A facility defined
in THSC, §591.003.
(24) SSLC--State supported living center.
(25) Subaverage general intellectual functioning--Consistent
with THSC, §591.003, measured intelligence on standardized general
intelligence tests of two or more standard deviations (not including
standard error of measurement adjustments) below the age-group mean
for the tests used.
(26) TAC--Texas Administrative Code.
(27) THSC--Texas Health and Safety Code.
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