2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 253 - Employee Misconduct; Registry › Section 253.001. Definitions

Sec. 253.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Health and Human Services Commission.
(1-a)  "Consumer" means a resident of or an individual receiving services from a facility covered by this chapter.
Text of subdivision effective until April 01, 2025
(1-b)  "Consumer-directed service option" has the meaning assigned by Section 531.051, Government Code.
Text of subdivision effective on April 01, 2025
(1-b)  "Consumer-directed service option" has the meaning assigned by Section 546.0101, Government Code.
(2)  "Department" means the Department of Aging and Disability Services.
(3)  "Employee" means a person who:
(A)  works at a facility or for an individual employer;
(B)  is an individual who provides personal care services, active treatment, or any other personal services to a consumer or to an individual using the consumer-directed service option; and
(C)  is not licensed by an agency of the state to perform the services the employee performs for the individual using the consumer-directed service option or at the facility or is a nurse aide employed by a facility.
(3-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
Text of subdivision as amended by Acts 2023, 88th Leg., R.S., Ch. 674 (H.B. 1009), Sec. 4
(4)  "Facility" means:
(A)  a facility:
(i)  licensed by the department;
(ii)  licensed under Chapter 252; or
(iii)  licensed under Chapter 555;
(B)  an adult foster care provider that contracts with the department;
(C)  a home and community support services agency licensed by the department under Chapter 142; or
(D)  a prescribed pediatric extended care center licensed under Chapter 248A.
Text of subdivision as amended by Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 9
(4)  "Facility" means:
(A)  a nursing facility  licensed by the commission under Chapter 242;
(B)  an intermediate care facility for individuals with an intellectual disability licensed by the commission under Chapter 252;
(C)  an adult foster care provider that contracts with the commission;
(D)  a home and community support services agency licensed by the commission under Chapter 142;
(E)  a prescribed pediatric extended care center licensed by the commission under Chapter 248A;
(F)  an assisted living facility licensed by the commission under Chapter 247;
(G)  a day activity and health services facility licensed by the commission under Chapter 103, Human Resources Code;
(H)  a residential child-care facility as defined by Section 42.002, Human Resources Code, at which an elderly person or an adult with a disability resides or is in the facility's care;
(I)  a provider who provides home and community-based services under the home and community-based services (HCS) waiver program or the Texas home living (TxHmL) waiver program; or
(J)  a facility that is exempt from licensure under Section 252.003.
(4-a)  "Financial management services agency" means an entity that contracts with the department to serve as a fiscal and employer agent for an individual employer using the consumer-directed service option.
(4-b)  "Individual employer" means an individual or legally authorized representative who participates in the consumer-directed service option and is responsible for hiring providers to deliver program services.
(5)  "Reportable conduct" includes:
(A)  abuse or neglect that causes or may cause death or harm to an individual using the consumer-directed service option or a consumer;
(B)  sexual abuse of an individual using the consumer-directed service option or a consumer;
(C)  financial exploitation of an individual using the consumer-directed service option or a consumer in an amount of $25 or more; and
(D)  emotional, verbal, or psychological abuse that causes harm to an individual using the consumer-directed service option or a consumer.
Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 21, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 15, eff. June 11, 2009.
Acts 2009, 81st Leg., R.S., Ch. 763 (S.B. 806), Sec. 8, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 4, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 4, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 674 (H.B. 1009), Sec. 4, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.48, eff. April 1, 2025.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 9, eff. September 1, 2023.