Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 570 - LONG-TERM CARE PROVIDER RULES DURING A PUBLIC HEALTH EMERGENCY OR DISASTER › Subchapter A - INTRODUCTION › Section 570.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Assisted Living
				  Facility (ALF)--A facility licensed under Texas Health and Safety Code, Chapter
				  247.
(2) Client--For a Home and
				  Community Support Services Agency (HCSSA), this term means a person receiving
				  home health, hospice, or personal assistance services from a HCSSA.
(3) Communicable disease--An infection
				  transmissible by direct contact with an affected individual or the individual's
				  body fluids, or by indirect means, or by direct or indirect contact with
				  disease carriers.
(4) Community
				  health risk--A risk to the community of individuals or residents residing at a
				  facility.
(5) DSHS--Texas
				  Department of State Health Services.
(6) End-of-life visit--A personal visit
				  between a visitor and an individual, resident, or client who is receiving
				  hospice services; who is at or near the end of life, with or without receiving
				  hospice services; or whose prognosis does not indicate recovery.
(7) Essential caregiver--A family member,
				  friend, guardian, volunteer, or other person designated for in-person visits by
				  an individual, resident, or client or the individual's, resident's, or client's
				  guardian or legally authorized representative (LAR). In case of conflict
				  between an individual's, resident's, or client's selection and a guardian's
				  selection on behalf of the individual, resident, or client, the guardian's
				  selection prevails, in accordance with the terms of the guardianship. If an
				  individual, resident, or client has no guardian and is unable to select an
				  essential caregiver, the individual's, resident's, or client's LAR may select
				  the essential caregiver.
(8)
				  Essential caregiver visit--An in-person visit between an individual, resident,
				  or client and a designated essential caregiver.
(9) Home and Community-based Services
				  (HCS)--A program operated by HHSC as authorized by Centers for Medicare and
				  Medicaid Services (CMS) in accordance with §1915(c) of the Social Security
				  Act.
(10) Home and Community
				  Support Services Agency (HCSSA)--An agency licensed under Texas Health and
				  Safety Code, Chapter 142, to provide home health, hospice, or personal
				  assistance services.
(11)
				  Individual--A person enrolled in the Intermediate Care Facility for Individuals
				  with an Intellectual Disability or Related Condition (ICF/IID) program or HCS
				  program. This definition applies to the ICF/IID and HCS programs
				  only.
(12) Intermediate Care
				  Facility for Individuals with an Intellectual Disability or Related Condition
				  (ICF/IID)--A facility licensed under Texas Health and Safety Code, Chapter 252,
				  or exempt from licensure under Texas Health and Safety Code §
										252.003.
(13) Legally authorized representative
				  (LAR)--A person authorized by law to act on behalf of an individual, resident,
				  or client with regard to a matter described by this chapter, and who may be the
				  parent of a minor child or the legal guardian of or surrogate decision maker
				  for the individual, resident, or client.
(14) Nursing facility (NF)--A facility
				  licensed under Texas Health and Safety Code, Chapter 242.
(15) Program provider--A contractor, as
				  defined in 40 TAC §
										49.102(relating to
				  Definitions), that has a contract with the Texas Health and Human Services
				  Commission (HHSC) to provide HCS program services, excluding a Financial
				  Management Services Agency.
(16)
				  Public health emergency or disaster--A federal declaration of a public health
				  emergency or a statewide or regional declaration of a public health disaster by
				  the commissioner of DSHS under Chapter 81 of the Texas Health and Safety Code.
				  A state or regional public health disaster can be declared only if the governor
				  has declared a state of disaster for the same threat under Chapter 418 of the
				  Texas Government Code.
(17)
				  Religious counselor--A person acting substantially in a pastoral or religious
				  capacity to provide spiritual counsel to other persons.
(18) Religious counselor visit--An in-person
				  visit between a religious counselor and an individual or resident, that may
				  occur at any time. A religious counselor visit must not be limited to an
				  individual or resident at the end of life.
(19) Residence--
(A) for purposes of Subchapter H of this
				  chapter (relating to Home and Community-Based Services), a host home or
				  companion care, three-person, or four-person residence, as defined by the HCS
				  billing guidelines, unless otherwise specified; or
(B) a private home, a nursing facility, an
				  assisted living facility, an ICF/IID facility, or an unlicensed independent
				  living environment; or
(C) for
				  purposes of Subchapter D of this chapter (relating to Home and Community
				  Support Services Agencies), a place where a client resides.