The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) - (24)(No change.)
(25)Change of ownership--An event
that occurs when an agency's license holder has a different federal
taxpayer identification number than a prospective license holder's
federal taxpayer identification number, except that the substitution
of a personal representative for a deceased license holder is not
a change of ownership.
(26)[(25)] 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.
(27)[(26)] Chief financial officer--An
individual who is responsible for supervising and managing all financial
activities for a home and community support services agency.
(28)[(27)] 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 (for example, vaccination) if the spouse, significant
other, or other family member receives the service in connection with
the care of a client.
(29)[(28)] 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.
(30)[(29)] 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.
(31)[(30)] Complaint--An allegation
against an agency regulated by DADS or against an employee of an agency
regulated by DADS that involves a violation of this chapter or the
statute.
(32)[(31)] Community disaster
resources--A local, statewide, or nationwide emergency system that
provides information and resources during a disaster, including weather
information, transportation, evacuation, and shelter information,
disaster assistance and recovery efforts, evacuee and disaster victim
resources, and resources for locating evacuated friends and relatives.
(33)[(32)] Controlling person--A
person with the ability, acting alone or 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) - (B)(No change.)
(34)[(33)] Conviction--An adjudication
of guilt based on a finding of guilt, a plea of guilty, or a plea
of nolo contendere.
(35)[(34)] 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.
(36)[(35)] DADS--Department
of Aging and Disability Services or its successor agency.
(37)[(36)] Day--Any reference
to a day means a calendar day, unless otherwise specified in the text.
A calendar day includes weekends and holidays.
(38)[(37)] Deficiency--A finding
of noncompliance with federal requirements resulting from a survey.
(39)[(38)] Designated survey
office--A DADS Home and Community Support Services Agencies Program
office located in an agency's geographic region.
(40)[(39)] 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.
(41)[(40)] 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.
(42)Direct ownership interest--Ownership
of equity in the capital, stock, or profits of, or a membership interest
in, an applicant or license holder.
(43)[(41)] Disaster--The occurrence
or imminent threat of widespread or severe damage, injury, or loss
of life or property resulting from a natural or man-made cause, such
as fire, flood, earthquake, wind, storm, wave action, oil spill or
other water contamination, epidemic, air contamination, infestation,
explosion, riot, hostile military or paramilitary action, or energy
emergency. In a hospice inpatient unit, a disaster also includes failure
of the heating or cooling system, power outage, explosion, and bomb
threat.
(44)Disclosable interest--Five percent
or more direct or indirect ownership interest in an applicant or license
holder.
(45)[(42)] ESRD--End stage renal
disease. 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.
(46)[(43)] Functional need--Needs
of the individual that require services without regard to diagnosis
or label.
(47)[(44)] Habilitation--Habilitation
services, as defined by Texas Government Code §534.001, provided
by an agency licensed under this chapter.
(48)[(45)] Health assessment--A
determination of a client's physical and mental status through inventory
of systems.
(49)[(46)] 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.
(50)[(47)] 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).
(51)[(48)] Home health medication
aide--An unlicensed person issued a permit by DADS to administer medication
to a client under the Texas Health and Safety Code, Chapter 142, Subchapter
B.
(52)[(49)] 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) - (H)(No change.)
(53)[(50)] 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.
(54)[(51)] Hospice aide--A person
working for an agency licensed to provide hospice services who meets
the qualifications for a hospice aide as described in §97.843
of this chapter (relating to Hospice Aide Qualifications).
(55)[(52)] Hospice homemaker--A
person working for an agency licensed to provide hospice services
who meets the qualifications described in §97.845 of this chapter
(relating to Hospice Homemaker Qualifications).
(56)[(53)] 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) - (C)(No change.)
(57)[(54)] IDR--Informal dispute
resolution. An informal process that allows an agency to refute a
violation or condition-level deficiency cited during a survey.
(58)[(55)] Independent living
environment--A client's residence, which may include a group home,
foster home, or boarding home facility, or other settings where a
client participates in activities, including school, work, or church.
(59)Indirect ownership interest--Any
ownership or membership interest in a person that has a direct ownership
interest in an applicant or license holder.
(60)[(56)] Individual and family
choice and control--Individuals and families who express preferences
and make choices about how their support service needs are met.
(61)[(57)] 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.
(62)[(58)] Inpatient unit--A
facility, also referred to as a hospice freestanding inpatient 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) - (B)(No change.)
(63)[(59)] 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.
(64)[(60)] Joint training--Training
provided by DADS at least semi-annually for home and community support
services agencies and DADS surveyors on subjects that address the
10 most commonly cited violations of federal or state law by home
and community support services agencies as published in DADS annual
reports.
(65)[(61)] LAR--Legally authorized
representative. A person authorized by law to act on behalf of a client
with regard to a matter described in this chapter, and may include
a parent of a minor, guardian of an adult or minor, managing conservator
of a minor, agent under a medical power of attorney, or surrogate
decision-maker under Texas Health and Safety Code, §313.004.
(66)License holder--A person that
holds a license to operate an agency.
(67)[(62)] Licensed vocational
nurse--A person who is currently licensed under Texas Occupations
Code, Chapter 301, as a licensed vocational nurse.
(68)[(63)] Life Safety Code
(also referred to as NFPA 101)--The Code for Safety to Life from Fire
in Buildings and Structures, Standard 101, of the National Fire Protection
Association (NFPA).
(69)[(64)] Local emergency management
agencies--The local emergency management coordinator, fire, police,
and emergency medical services.
(70)[(65)] Local emergency management
coordinator-- The person identified as the emergency management coordinator
by the mayor or county judge in an agency's service area.
(71)[(66)] Manager--An employee
or independent contractor responsible for providing 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.
(72)[(67)] Medication administration
record--A record used to document the administration of a client's
medications.
(73)[(68)] Medication list--A
list 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.
(74)[(69)] Mitigation--An action
taken to eliminate or reduce the probability of a disaster, or reduce
a disaster's severity or consequences.
(75)[(70)] Multiple location--A
Medicare-approved alternate delivery site that meets the definition
in 42 CFR §418.3.
(76)[(71)] Notarized copy--A
sworn affidavit stating that attached copies are true and correct
copies of the original documents.
(77)[(72)] Nursing facility--An
institution licensed as a nursing home under the Texas Health and
Safety Code, Chapter 242.
(78)[(73)] 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 the following:
(A) - (E)(No change.)
(79)[(74)] Occupational therapist--A
person who is currently licensed under the Occupational Therapy Practice
Act, Texas Occupations Code, Chapter 454, as an occupational therapist.
(80)[(75)] Operating hours--The
days of the week and the hours of day an agency's place of business
is open as identified in an agency's written policy as required by
§97.210 of this chapter (relating to Agency Operating Hours).
(81)[(76)] Original active client
record--A record composed first-hand for a client currently receiving
services.
(82)[(77)] Palliative care--Intervention
services that focus primarily on the reduction or abatement of physical,
psychosocial, and spiritual symptoms of a terminal illness. It is
client and family-centered care that optimizes quality of life by
anticipating, preventing, and treating suffering. Palliative care
throughout the continuum of illness involves addressing physical,
intellectual, emotional, social, and spiritual needs and facilitating
client autonomy, access to information, and choice.
(83)[(78)] Parent agency--An
agency that develops and maintains administrative controls and provides
supervision of branch offices and alternate delivery sites.
(84)[(79)] Parent company--A
person, other than an individual, who has a direct 100 percent ownership
interest in the owner of an agency.
(85)[(80)] Person--An individual,
corporation, or association.
[(81)Person with a disclosable interest--Any
person who owns at least a 5.0 percent interest in any corporation,
partnership, or other business entity that is required to be licensed
under Texas Health and Safety Code, Chapter 142. A person with a disclosable
interest does not include a bank, savings and loan, savings bank,
trust company, building and loan association, credit union, individual
loan and thrift company, investment banking firm, or insurance company,
unless these entities participate in the management of the agency.]
(86)[(82)] 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:
(A) - (C)(No change.)
(87)[(83)] Personal care--The
provision of one or more of the following services required by an
individual in a residence or independent living environment:
(A) - (J) (No change.)
(88)[(84)] Pharmacist--A person
who is licensed to practice pharmacy under the Texas Pharmacy Act,
Texas Occupations Code, Chapter 558.
(89)[(85)] Pharmacy--A facility
defined in the Texas Occupations Code, §551.003(31), at which
a prescription drug or medication order is received, processed, or
dispensed.
(90)[(86)] Physical therapist--A
person who is currently licensed under Texas Occupations Code, Chapter
453, as a physical therapist.
(91)[(87)] Physician--This term
includes a person who is:
(A) - (C)(No change.)
(92)[(88)] Physician assistant--A
person who is licensed under the Physician Assistant Licensing Act,
Texas Occupations Code, Chapter 204, as a physician assistant.
(93)[(89)] Physician-delegated
task--A task performed in accordance with the Texas Occupations Code,
Chapter 157, including orders signed by a physician that specify the
delegated task, the individual to whom the task is delegated, and
the client's name.
Cont'd...
|
