The following words and terms, when used in this chapter [ these sections], have the following meanings, unless the context clearly indicates otherwise. (1) - (5)(No change.) (6)Affiliate--With respect to an applicant or license holder, [owner] which is: (A)a corporation--means each officer, director, and stockholder with direct ownership of at least 5.0%, subsidiary, and parent company; (B)(No change.) (C)an individual--means: (i) - (ii)(No change.) (iii)each corporation in which the individual is an officer, director, or stockholder with a direct ownership or disclosable interest of at least 5.0%. (D) - (E)(No change.) (7) - (8)(No change.) (9)Applicant--The owner of an agency that [ which] is applying for a license under the statute. This is the person in whose name the license will be issued. (10)Assistance with self-administration of medication--Any needed ancillary aid provided to a client in the client's self-administered medication or treatment regimen, such as reminding a client to take a medication at the prescribed time, opening and closing a medication container, pouring a predetermined quantity of liquid to be ingested, returning a medication to the proper storage area, and assisting in reordering medications from a pharmacy. Such ancillary aid includes administration of any medication when the client has the cognitive ability to direct the administration of their medication and would self-administer if not for a functional limitation. (11)(No change.) (12)Audiologist--A person who is currently licensed under the Occupations Code, Chapter 401 [Texas Civil Statutes, Article 4512j], as an audiologist. (13) - (14)(No change.) (15)Branch office--A facility or site in the service area of a parent agency from which home health or personal assistance services are delivered or where active client records are maintained. This does not include inactive records that [which] are stored at an unlicensed site. (16)Care plan-- (A)a written plan prepared by the appropriate health care professional [personnel] for a client of the home and community support services agency; or (B)for home dialysis designation, a written plan developed by the physician, registered nurse, dietitian, and qualified social worker to personalize the care for the client and enable long- and short-term goals to be met. (17) - (19)(No change.) (20)CHAP--Community Health Accreditation Program, Inc. An independent, nonprofit accrediting body that publicly certifies that an organization has voluntarily met certain standards for home and community-based health care. (21) [(20)] Client--An individual receiving home health, hospice, or personal assistance services from a licensed home and community support services agency. This term includes each member of the primary client's family if the member is receiving ongoing services. This term does not include the spouse, significant other, or other family member living with the client who receives a one-time service (e.g., vaccine) if the spouse, significant other, or other family member receives the service in connection with the care of a client. (22) [(21)] Clinical note--A dated and signed written notation by agency personnel of a contact with a client containing a description of signs and symptoms; treatment and medication given; the client's reaction; other health services provided; and any changes in physical and emotional condition. (23)CMS--Centers for Medicare and Medicaid Services. The federal agency that administers the Medicare program and works in partnership with the states to administer Medicaid. (24) [(22)] Complaint--An allegation against an agency regulated by DADS or against an employee of an agency regulated by DADS [the Texas Department of Human Services (DHS)] that involves a violation [violation(s)] of this chapter or the statute. (25) [(23)] Controlling person--A person with the ability, acting alone or [in concert] with others, to directly or indirectly[,] influence, direct, or cause the direction of the management, expenditure of money, or policies of an agency or other person. (A)A controlling person includes: (i)a management company[, landlord,] or other business entity that operates or contracts with others for the operation of an agency; (ii)a [any] person who is a controlling person of a management company or other business entity that operates an agency or that contracts with another person for the operation of an agency; and (iii)any other individual who, because of a personal, familial, or other relationship with the owner, manager, [landlord, tenant,] or provider of an agency, is in a position of actual control or authority with respect to the agency, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the agency. (B)A controlling person, as described by subparagraph (A)(iii) of this paragraph, does not include an employee, lender, secured creditor, [or landlord,] or other person who does not exercise formal or actual influence or control over the operation of an agency. (26) [(24)] Counselor--An individual qualified under Medicare standards to provide counseling services, including bereavement, dietary, spiritual, and other counseling services to both the client and the family. (27) [(25)] DADS [DHS ]--[The Texas] Department of Aging and Disability [ Human] Services. (28)Day--Any reference to a day means a calendar day, unless otherwise specified in the text. A calendar day includes weekends and holidays. (29)Deficiency--A finding of noncompliance with federal requirements resulting from a survey. (30)Designated survey office--A DADS Home and Community Support Services Agencies Program office located in an agency's geographic region. (31) [(26)] Dialysis treatment record--For home dialysis designation, a dated and signed written notation by the person providing dialysis treatment which contains a description of signs and symptoms, machine parameters and pressure settings, type of dialyzer and dialysate, actual pre- and post-treatment weight, medications administered as part of the treatment, and the client's response to treatment. (32) [(27)] Dietitian--A person who is currently licensed under the laws of the State of Texas to use the title of licensed dietitian or provisional licensed dietitian, or who is a registered dietitian. [(28)Director--The director of the Home and Community Support Services Agencies Program of the Texas Department of Human Services or his or her designee.] (33) [(29)] End stage renal disease (ESRD)--For home dialysis designation, the stage of renal impairment that appears irreversible and permanent and requires a regular course of dialysis or kidney transplantation to maintain life. (34) [(30)] Freestanding hospice--An agency that provides hospice services to clients of the agency who are residing at the agency's physical location including inpatient and respite care. (35) [(31)] Functional need--Needs of the individual that [which] require services without regard to diagnosis or label. (36) [(32)] Health assessment--A determination of a client's physical and mental status through inventory of systems. (37) [(33)] Home and community support services agency--A person who provides home health, hospice, or personal assistance services for pay or other consideration in a client's residence, an independent living environment, or another appropriate location. (38)Home health aide--An individual working for an agency who meets at least one of the requirements for home health aides as defined in §97.701 of this chapter (relating to Home Health Aides). (39) [(34)] Home health medication aide--A person permitted under the Health and Safety Code, Chapter 142, Subchapter B. (40) [(35)] Home health service--The provision of one or more of the following health services required by an individual in a residence or independent living environment: (A)nursing, including blood pressure monitoring and diabetes treatment; (B)physical, occupational, speech, or respiratory therapy; (C)medical social service; (D)intravenous therapy; (E)dialysis; (F)service provided by unlicensed personnel under the delegation or supervision of a licensed health professional; (G)the furnishing of medical equipment and supplies, excluding drugs and medicines; or (H)nutritional counseling. (41) [(36)] Hospice--A person licensed under this chapter to provide hospice services, including a person who owns or operates a residential unit or an inpatient unit. (42) [(37)] Hospice services--Services, including services provided by unlicensed personnel under the delegation of a registered nurse or physical therapist, provided to a client or a client's family as part of a coordinated program consistent with the standards and rules adopted under this chapter. These services include palliative care for terminally ill clients and support services for clients and their families that: (A)are available 24 hours a day, seven days a week, during the last stages of illness, during death, and during bereavement; (B)are provided by a medically directed interdisciplinary team; and (C)may be provided in a home, nursing facility, residential unit, or inpatient unit according to need. These services do not include inpatient care normally provided in a licensed hospital to a terminally ill person who has not elected to be a hospice client. For the purposes of this definition, the word "home" includes a person's "residence" as defined in this section. (43) [(38)] Independent living environment--A client's [individual] residence, which may include a group home or foster home, or other settings where a client participates in activities, including school, work, or church. (44) [(39)] Individual/family choice and control--Individuals and families who express preferences and make choices about how their support service needs are met. (45)Individualized service plan--A written plan prepared by the appropriate health care personnel for a client of a home and community support services agency licensed to provide personal assistance services. (46) [(40)] Inpatient unit--A facility that provides a continuum of medical or nursing care and other hospice services to clients admitted into the unit and that is in compliance with: (A)the conditions of participation for inpatient units adopted under Social Security Act, Title XVIII (42 United States Code §1395 et seq.); and (B)standards adopted under this chapter. (47)IRoD--Informal review of deficiencies. An informal process that allows an agency to refute a deficiency or violation cited during a survey. (48)JCAHO--Joint Commission on Accreditation of Healthcare Organizations. An independent, nonprofit organization for standard-setting and accrediting in-home care and other areas of health care. (49) [(41)] Licensed vocational nurse--A person who is currently licensed under Occupations Code, Chapter 301 [302], as a licensed vocational nurse. (50) [(42)] Manager--A person having a contractual relationship to provide management services to a home and community support services agency for the overall operation of a home and community support services agency including administration, staffing, or delivery of services. Examples of contracts for services that will not be considered contracts for management services include contracts solely for maintenance, laundry, or food services. (51) [(43)] Medication administration record--A record used to document the administration of a client's medications. (52) [(44)] Medication list--A list [of a client's medications] that includes all prescription and over-the-counter medication that a client is currently taking, including the dosage, the frequency, and the method of administration [the physician orders relating to dosage and the frequency and method of administration. The medication list is used to identify possible ineffective drug therapy or adverse reactions, significant side effects, drug allergies, and contraindications ]. (53) [(45)] Notarized copy--A sworn affidavit stating that attached copies are true and correct copies of the original documents. (54) [(46)] Nursing facility--An institution licensed as a nursing home under the Health and Safety Code, Chapter 242. (55) [(47)] Nutritional counseling--Advising and assisting individuals or families on appropriate nutritional intake by integrating information from the nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status, with the goal being health promotion, disease prevention, and nutrition education. Nutritional counseling may include[ , but is not limited to,] the following: (A)dialogue with the client to discuss current eating habits, exercise habits, food budget, and problems with food preparation; (B)discussion of dietary needs to help the client understand why certain foods should be included or excluded from the client's diet and to help with adjustment to the new or revised or existing diet plan; (C)a personalized written diet plan as ordered by the client's physician or practitioner, to include instructions for implementation; (D)providing the client with motivation to help the client [him or her] understand and appreciate the importance of the diet plan in getting and staying healthy; or (E)working with the client or the client's family members by recommending ideas for meal planning, food budget planning, and appropriate food gifts. (56) [(48)] Occupational therapist--A person who is currently licensed under the Occupational Therapy Practice Act, Occupations Code, Chapter 454, as an occupational therapist. (57) [(49)] Original active client record--A record composed first-hand for a client currently receiving services. [(50)Owner--One of the following persons that will hold or does hold a license issued under the statute in the person's name or the person's assumed name:] [(A)a corporation;] [(B)a limited liability company;] [(C)an individual;] [(D)a partnership if a partnership name is stated in a written partnership agreement or an assumed name certificate;] [(E)all partners in a partnership if a partnership name is not stated in a written partnership agreement or an assumed name certificate; or] [(F)all co-owners under any other business arrangement.] (58) [(51)] Palliative care--Intervention services that focus primarily on the reduction or abatement of physical, psychosocial, and spiritual symptoms of a terminal illness. (59) [(52)] Parent agency--An [ The] agency that develops and maintains administrative controls and provides supervision of branch offices and alternate delivery sites. (60) [(53)] Parent company--A person, other than an individual, who has a direct 100% ownership interest in the owner of an agency. (61) [(54)] Person--An individual, corporation, or association. (62) [(55)] Personal assistance services--Routine ongoing care or services required by an individual in a residence or independent living environment that enable the individual to engage in the activities of daily living or to perform the physical functions required for independent living, including respite services. The term includes: Cont'd...
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