Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter H - INDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS › Division 1 - INTRODUCTION › Section 559.203 - 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) Change of ownership--An
					 event that results in a change to the federal taxpayer identification number of
					 the license holder of a facility. The substitution of a personal representative
					 for a deceased license holder is not a change of ownership.
(2) Community setting--A setting accessible
					 to the general public within an individual's community.
(3) Day Activity and Health Services (DAHS)
					 directory--A public list generated and maintained by the HHSC, listing all DAHS
					 providers, including individualized skills and socialization
					 providers.
(4) Deaf Blind with
					 Multiple Disabilities (DBMD) program--A waiver program operated by HHSC, as
					 authorized by the Centers for Medicare & Medicaid Services (CMS) in
					 accordance with §1915(c) of the Social Security Act.
(5) Home and Community-based Services (HCS)
					 program--A waiver program operated by HHSC as authorized by CMS in accordance
					 with §1915(c) of the Social Security Act.
(6) Implementation plan--In the HCS and TxHmL
					 programs, a written document developed by a program provider outlining outcomes
					 and objectives for each program service on the individual's IPC to be provided
					 by the program provider.
(7)
					 Individual--A person who applies for or is receiving services from an
					 individualized skills and socialization provider.
(8) Individual plan of care (IPC)--A written
					 plan authorized by HHSC that states the type and amount of each DBMD, TxHmL, or
					 HCS program service to be provided to the individual during an IPC
					 year.
(9) Individual program plan
					 (IPP)--In the DBMD program, a written plan documented on an HHSC form and
					 completed by an individual's case manager that describes the goals and outcomes
					 for each DBMD program service and Community First Choice (CFC) service, other
					 than CFC support management, included on the individual's IPC.
(10) Individualized skills and
					 socialization--A DBMD, TxHmL, or HCS program service described in §
											260.503 of this title (relating to
					 Description of Individualized Skills and Socialization), §
											262.905 of this title (relating to
					 Description of On-Site and Off-Site Individualized Skills and Socialization),
					 or §
											263.2005 of this title (relating
					 to Description of On-Site and Off-Site Individualized Skills and
					 Socialization). The two types of individualized skills and socialization are
					 on-site individualized skills and socialization and off-site individualized
					 skills and socialization.
(11)
					 Individualized skills and socialization provider--A provider licensed as a DAHS
					 provider by HHSC to provide individualized skills and socialization services. A
					 provider of individualized skills and socialization services is considered an
					 individualized skills and socialization provider once licensed.
(12) In person or in-person--Within the
					 physical presence of another person who is awake. In person or in-person does
					 not include using videoconferencing or a telephone.
(13) Legally authorized representative
					 (LAR)--A person authorized by law to act on behalf of another person with
					 regard to a matter described in this subchapter, including a parent, guardian,
					 or managing conservator of a minor; a guardian of an adult; an agent appointed
					 under a power of attorney; or a representative payee appointed by the Social
					 Security Administration. An LAR, such as an agent appointed under a power of
					 attorney or representative payee appointed by the Social Security
					 Administration, may have limited authority to act on behalf of a
					 person.
(14) License holder--A
					 person who holds a license as an individualized skills and socialization
					 provider.
(15) Off-site
					 individualized skills and socialization only--An individualized skills and
					 socialization service provider who only delivers off-site individualized skills
					 and socialization services and does not deliver on-site individualized skills
					 and socialization services.
(16)
					 On-site individualized skills and socialization location--The building or a
					 portion of a building that is owned or leased by an individualized skills and
					 socialization provider where on-site individualized skills and socialization is
					 provided.
(17) Online licensure
					 portal--The Texas Unified Licensure Information Portal (TULIP) system. TULIP is
					 the online system for submitting long-term care licensure
					 applications.
(18) Person-directed
					 plan (PDP)--In the HCS and the TxHmL programs, a written plan, based on
					 person-directed planning and developed with an applicant or individual using
					 the HHSC person-directed plan form and discovery tool found on the HHSC
					 website, that describes the supports and services necessary to achieve the
					 desired outcomes identified by the applicant, individual, or LAR and ensures
					 the applicant's or individual's health and safety.
(19) Program provider--A person, as defined
					 in Texas Administrative Code, Title 40, §49.102 (relating to Definitions),
					 who has a contract with HHSC to provide DBMD, TxHmL, or HCS program services,
					 excluding a financial management services agency.
(20) Service provider--A person, who may be
					 an employee, contractor, or volunteer of an individualized skills and
					 socialization provider, who directly provides individualized skills and
					 socialization services to an individual.
(21) Texas Home Living (TxHmL) program--A
					 waiver program operated by HHSC and approved by CMS in accordance with
					 §1915(c) of the Social Security Act.