Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 363 - TEXAS HEALTH STEPS COMPREHENSIVE CARE PROGRAM › Subchapter F - PERSONAL CARE SERVICES › Section 363.602 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this subchapter
					 have the following meanings, unless the context clearly indicates otherwise.
(1) Activities of Daily Living
				  (ADL)--Activities that include, but are not limited to, eating, toileting,
				  personal hygiene, dressing, bathing, transferring, maintaining continence,
				  positioning, and mobility.
(2)
				  Assessment--An evaluation conducted with the recipient and responsible adult to
				  determine the recipient's need for services.
(3) Attendant--A person who provides direct
				  care to a recipient.
(4) Consumer
				  Directed Services (CDS)--A service delivery option in which a recipient or
				  legally authorized representative employs and retains service providers and
				  directs the delivery of program services.
(5) Cueing--Indirect intervention provided
				  during the delivery of personal care services to prompt or instruct a recipient
				  with a cognitive impairment or behavioral condition in the performance of ADLs
				  or IADLs to ensure the recipient performs the task properly.
(6) Delegation--Has the meaning assigned by
				  22 TAC §
										RSA
				  225.4(relating to Definitions).
(7) Dependents--Any member of a household,
				  other than the recipient, whose care and support is the legal responsibility of
				  the responsible adult. A dependent includes a disabled adult family member
				  living in the household. Care and support includes meeting the medical,
				  educational, and psycho-social needs of a dependent.
(8) Early and Periodic Screening, Diagnosis,
				  and Treatment (EPSDT)--The child and adolescent health component of the
				  Medicaid program for recipients under 21 years of age, defined in the United
				  States Code, Title 42, §1396d(r), and the Code of Federal Regulations,
				  Title 42, §440.40(b). EPSDT includes screening, vision, dental, hearing,
				  laboratory, health care, treatment, diagnostic services and other measures
				  necessary to correct or ameliorate defects and physical and mental illnesses
				  and conditions. In Texas, EPSDT is referred to as Texas Health Steps
				  (THSteps).
(9) Financial Management
				  Services (FMS)--Services delivered by the CDS agent to an employer such as
				  orientation, training, support, assistance with and approval of budgets, and
				  processing payroll and payables on behalf of the employer.
(10) Financial Management Services Agency
				  (FMSA)--An entity that contracts with the Department of Aging and Disability
				  Services to provide financial management services (FMS).
(11) Health Maintenance Activities
				  (HMAs)--Has the meaning assigned by 22 TAC §
										RSA
				  225.4.
(12) Home and Community Support Services
				  Agency (HCSSA)--A public or private agency or organization that provides home
				  and community supports and is licensed under 40 TAC Chapter 97 (relating to
				  Licensing Standards for Home and Community Support Services
				  Agencies).
(13) Instrumental
				  Activities of Daily Living (IADLs)--Activities include, but are not limited to,
				  meal preparation, grocery shopping, light housework, laundry, communication,
				  assistance with transportation services, and for recipients over the age of 18,
				  money management.
(14)
				  Intervening--Direct contact or intervention provided by an attendant during the
				  delivery of personal care services to a recipient with a physical or cognitive
				  impairment in the performance of ADLs or IADLs to ensure the task is performed
				  properly.
(15) Legally authorized
				  representative (LAR)--A person authorized or required by law to act on behalf
				  of an individual with regard to a matter described in this chapter, including a
				  parent of a minor, guardian of a minor, managing conservator of a minor, or the
				  guardian of an adult.
(16) Personal
				  Care Services (PCS)--Support services provided to an EPSDT recipient who
				  requires assistance with ADLs, IADLs, and HMAs due to physical, cognitive, or
				  behavioral limitations related to his or her disability or chronic health
				  condition.
(17) Practitioner--A
				  person who is currently licensed in a state in which the person practices as a
				  physician, advanced practice nurse, or physician assistant.
(18) Recipient--An individual who is eligible
				  to receive services through the medical assistance program.
(19) Redirecting--Intervention provided
				  during the delivery of PCS to divert, change direction, or give new direction
				  to a recipient with a cognitive or behavioral impairment in the performance of
				  ADLs or IADLs to ensure the recipient completes the task.
(20) Responsible Adult--An individual, age 18
				  or older, who has agreed to accept responsibility for providing food, shelter,
				  clothing, education, nurturing, and supervision for the recipient. The term
				  includes biological parents, adoptive parents, foster parents, legal guardians,
				  court-appointed managing conservators or the primary adult who is acting in the
				  role of parent or recipient.