Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 46 - CONTRACTING TO PROVIDE ASSISTED LIVING AND RESIDENTIAL CARE SERVICES › Subchapter A - INTRODUCTION › Section 46.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms used in this chapter have the following
					 meanings, unless the context clearly indicates otherwise.
(1) Assisted living services--Services
				  provided in an assisted living facility to eligible Texas Department of Human
				  Services (DHS) clients under the Community Based Alternatives (CBA) Assisted
				  Living/Residential Care (AL/RC) or the Community Care for Aged and Disabled
				  (CCAD) Residential Care (RC) programs.
(2) Assisted Living/Residential Care (AL/RC)
				  Program--A 24-hour residential care program for CBA clients.
(3) Attendant--A facility employee who
				  provides direct care to clients. An attendant may have other duties in addition
				  to direct client care.
(4) Case
				  manager--A DHS employee who is responsible for case management activities.
				  Activities include eligibility determination, client registration, assessment
				  and reassessment of client need, service plan development, and intercession on
				  the client's behalf.
(5) Client--A
				  CCAD or CBA client, as defined in Chapter 48 of this title (relating to
				  Community Care for Aged and Disabled), who is eligible to receive services
				  under this chapter.
(6) Community
				  Based Alternatives (CBA)--A Medicaid program that provides services to eligible
				  adults who are aged and/or disabled as an alternative to institutional care in
				  a nursing facility. CBA services are provided in accordance with the waiver
				  provisions of §1915(c) of the Social Security Act (42 U.S.C.
				  §1396n(c)).
(7) Community Care for Aged and Disabled
				  (CCAD)--A group of DHS programs that provides a variety of Title XIX and Title
				  XX-funded community-based services.
(8) Contract--The formal, written agreement
				  between DHS and an assisted living facility to provide services to DHS clients
				  eligible under this chapter in exchange for reimbursement.
(9) Contract manager--A DHS employee who is
				  responsible for the overall management of the contract with the assisted living
				  facility.
(10) Contracted assisted
				  living facility--An assisted living facility that contracts with DHS to provide
				  CBA AL/RC services or CCAD RC services or both. Any reference to facility in
				  this chapter means contracted assisted living facility, unless otherwise
				  specified in the text.
(11)
				  Copayment--The amount of personal income a client must pay to the facility
				  toward the cost of care.
(12)
				  Days--Any reference to days means calendar days, unless otherwise specified in
				  the text. Calendar days include weekends and holidays.
(13) Facility manager--The facility employee
				  who is responsible for the day-to-day operation of a facility.
(14) Licensed assisted living facility--A
				  facility licensed by DHS Long Term Care Regulatory under the Health and Safety
				  Code, Chapter 247.
(15) Personal
				  leave day--A continuous 24-hour period, measured from midnight to midnight,
				  when the client is absent from the facility for personal reasons.
(16) Representative--The client's spouse,
				  other responsible party, or legal representative.
(17) Residential Care (RC) Program--An
				  assisted living and emergency care program for CCAD clients.
(18) Room and board--The amount of personal
				  income a client must pay to the facility toward the cost of lodging and
				  food.
(19) Signature--A person's
				  name or a mark representing his/her name on a document to certify it is
				  correct. Initials are not an acceptable substitute for a signature.
(20) Trust fund--The services provided when
				  the facility performs or assists with money management at the written request
				  of the client or the client's representative.
(21) Witness--A person who signs to verify
				  distribution to or from a trust fund. A witness is identified in the client
				  file by name, address, and relationship to the client, the client's
				  representative, or the facility. A witness can be any person except:
(A) the person(s) responsible for accounting
				  for the client's trust fund;
(B)
				  the supervisor of the person(s) responsible for the client's trust
				  fund;
(C) a person supervised by
				  the person(s) responsible for the client's trust fund; or
(D) the person(s) who accepts the withdrawn
				  funds.