Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1406 - How is the term agency defined for the purpose of this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purpose of this chapter, the term
				  "agency" has the meaning given by §
										48.401, Human
				  Resources Code, as further clarified in this rule. Any terms used within the
				  definition of "agency" have the meaning given by statute or elaborated upon by
				  this chapter or Title 40, Texas Administrative Code, Chapter 705 (relating to
				  Adult Protective Services.) The purpose of this rule is to provide a
				  non-exhaustive list of agencies, the employees of which are subject to being
				  listed on the EMR if they are found to have committed reportable conduct. The
				  list is illustrative and not exclusionary. Employees of agencies not
				  specifically enumerated that are within the meaning of § 48.401 continue
				  to be eligible for the EMR without regard to whether the agency is specifically
				  enumerated below.
(b) The term
				  "agency" means:
(1) a home and community
				  support services agency licensed under Chapter
				  142, Health
				  and Safety Code;
(2) a person
				  exempt from licensure who provides home health, hospice, habilitation, or
				  personal assistance services only to persons receiving benefits under:
(A) the home and community-based services
				  (HCS) waiver program;
(B) the Texas
				  home living (TxHmL) waiver program;
(C) the STAR + PLUS or other Medicaid managed
				  care program under the program's HCS or TxHmL certification; or
(D) Section
				  534.152, Government
				  Code;
(3) an intermediate
				  care facility for individuals with an intellectual disability or related
				  conditions (ICF-IID) licensed under Chapter
				  252, Health
				  and Safety Code; or
(4) a provider
				  investigated by HHSC under Subchapter F, Human Resources Code or §
											261.404, Family Code.
				  Such providers include:
(A) a facility as
				  defined in §
												711.3
				  of this chapter (relating to How are the terms in this chapter
				  defined?);
(B) a community center,
				  local mental health authority, and local intellectual and developmental
				  disability authority, as defined in §
												711.3
				  of this chapter;
(C) a person who
				  contracts with a health and human services agency or managed care organization
				  to provide home and community-based services (HCBS) as that term is defined in
				  §
												48.251, Human
				  Resources Code and which is the umbrella term for various long-term services
				  and supports within the Medicaid program, whether delivered in a
				  fee-for-service, managed care, or other service delivery model, and which
				  includes but is not limited to:
(i) Waiver
				  programs including:
(I) community living
				  assistance and support services (CLASS);
(II) Deaf Blind Multiple
				  Disabilities;
(III) HCS;
(IV) TxHmL;
(V) Medically Dependent Child Program (MDCP);
				  and
(VI) Youth Empowerment Services
				  (YES);
(ii) Community
				  First Choice;
(iii) Texas Dual
				  Eligible Integrated Care Project;
(iv) State plan services including:
(I) Community attendant services;
				  and
(II) Personal attendant
				  services;
(v) Managed
				  Care Programs including:
(I) HCBS - Adult
				  Mental Health;
(II) STAR + PLUS
				  Managed Care program; and
(III)
				  STAR Kid Managed Care program; and
(vi) any other program, project, waiver
				  demonstration, or service providing long-term services and supports through the
				  Medicaid program;
(D) a
				  person who contracts with a Medicaid managed care organization to provide
				  behavioral health services as that term is defined in § 48.251 and which
				  include but are not limited to:
(i) Targeted
				  Case Management; and
(ii)
				  Psychiatric Rehabilitation services;
(E) a managed care organization;
(F) an officer, employee, agent, contractor,
				  or subcontractor of a person or entity listed in subparagraphs (A) - (E) of
				  this paragraph; and
(G) an
				  employee, fiscal agent, case manager, or service coordinator of an individual
				  employer participating in the consumer directed service option, as defined by
				  §
												531.051, Government
				  Code.