Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION › Subchapter B - DEFINITIONS › Section 554.101 - 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) Abuse--Negligent or
				  willful infliction of injury, unreasonable confinement, intimidation, or
				  punishment with resulting physical or emotional harm or pain to a resident; or
				  sexual abuse, including involuntary or nonconsensual sexual conduct that would
				  constitute an offense under Texas Penal Code §
										21.08 (indecent
				  exposure) or Texas Penal Code Chapter 22 (assaultive offenses), sexual
				  harassment, sexual coercion, or sexual assault.
(2) Act--Chapter 242 of the Texas Health and
				  SafetyCode.
(3) Activities
				  assessment--See Comprehensive Assessment and Comprehensive Care Plan.
(4) Activity director--The qualified
				  individual appointed by the facility to direct the activities program as
				  described in § 554.702 of this chapter (relating to Activities).
(5) Addition--The addition of floor space to
				  an institution.
(6)
				  Administrator--A person currently licensed in accordance with 26 TAC Chapter
				  555 (relating to Nursing Facility Administrators).
(7) Admission MDS assessment--An MDS
				  assessment that determines a recipient's initial determination of eligibility
				  for medical necessity for admission into the Texas Medicaid Nursing Facility
				  Program.
(8) Advanced practice
				  registered nurse--A person licensed as a registered nurse and approved to
				  practice as an advanced practice registered nurse by the Texas Board of
				  Nursing.
(9) Adverse event--An
				  untoward, undesirable, and usually unanticipated event that causes death or
				  serious injury, or the risk of death or serious injury.
(10) Alzheimer's Disclosure Statement for
				  Nursing Facilities--The HHSC-prescribed form a facility uses to describe the
				  nature of care or treatment of residents with Alzheimer's disease and related
				  disorders.
(11) Alzheimer's disease
				  and related disorders--Alzheimer's disease and any other irreversible dementia
				  described by the Centers for Disease Control and Prevention or the most current
				  edition of the Diagnostic and Statistical Manual of Mental Disorders.
(12) Applicant--A person or governmental
				  unit, as those terms are defined in the Texas Health and Safety Code, Chapter
				  242, applying for a license under that chapter.
(13) Attending physician--A physician,
				  currently licensed by the Texas Medical Board, who is designated by the
				  resident or resident representative as having primary responsibility for the
				  treatment and care of the resident.
(14) Authorized electronic monitoring--The
				  placement of an electronic monitoring device in a resident's room and using the
				  device to make tapes or recordings after making a request to the facility to
				  allow electronic monitoring.
(15)
				  Barrier precautions--Precautions including the use of gloves, masks, gowns,
				  resuscitation equipment, eye protectors, aprons, face shields, and protective
				  clothing for purposes of infection control.
(16) Care and treatment--Services required to
				  maximize resident independence, personal choice, participation, health,
				  self-care, psychosocial functioning, and reasonable safety, all consistent with
				  the preferences of the resident.
(17) Certification--The determination by HHSC
				  that a nursing facility meets all the requirements of the Medicaid or Medicare
				  programs.
(18) Certified
				  facility--A facility that meets the requirements of the Medicare program, the
				  Medicaid program, or both.
(19)
				  Certified Ombudsman--Has the meaning given in §
										88.2 of
				  this title (relating to Definitions).
(20) CFR--Code of Federal
				  Regulations.
(21) 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.
(22) Chemical
				  restraints--Any drug administered for the purpose of discipline or convenience,
				  and not required to treat the resident's medical symptoms.
(23) CMS--Centers for Medicare & Medicaid
				  Services.
(24) Complaint--Any
				  allegation received by HHSC other than an incident reported by the facility.
				  Such allegations include, but are not limited to, abuse, neglect, exploitation,
				  or violation of state or federal standards.
(25) Completion date--The date an RN
				  assessment coordinator signs an MDS assessment as complete.
(26) Comprehensive assessment--An
				  interdisciplinary description of a resident's needs and capabilities including
				  daily life functions and significant impairments of functional capacity, as
				  described in § 554.801(2) of this chapter (relating to Resident
				  Assessment).
(27) Comprehensive
				  care plan--A plan of care prepared by an interdisciplinary team that includes
				  measurable short-term and long-term objectives and timetables to meet the
				  resident's needs developed for each resident after admission. The plan
				  addresses at least the following needs: medical, nursing, rehabilitative,
				  psychosocial, dietary, activity, and resident's rights. The plan includes
				  strategies developed by the team, as described in § 554.802(c)(2) of this
				  chapter (relating to Comprehensive Person-Centered Care Planning), consistent
				  with the physician's prescribed plan of care, to assist the resident in
				  eliminating, managing, or alleviating health or psychosocial problems
				  identified through assessment. Planning includes:
(A) goal setting;
(B) establishing priorities for management of
				  care;
(C) making decisions about
				  specific measures to be used to resolve the resident's problems; and
(D) assisting in the development of
				  appropriate coping mechanisms.