SECTION 307.52. Definitions

The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise.

(1) Activities of daily living--Routine daily activities. These activities include:

(A) performing personal hygiene activities;

(B) dressing;

(C) meal planning and preparation;

(D) managing finances;

(E) shopping for food, clothing, and other essential items;

(F) performing essential household chores;

(G) communicating by phone or other media;

(H) navigating public transportation;

(I) participating in the community; and

(J) other activities as defined by HHSC.

(2) Adult--An individual 18 years of age or older.

(3) Assessor--A qualified mental health professional-community services as defined in 25 TAC Chapter 412, Subchapter G (relating to Mental Health Community Services Standards) who conducts the HCBS-AMH assessment evaluating an individual's need for HCBS-AMH.

(4) Designee--A person or entity named by HHSC to act on its behalf.

(5) HCBS--Home and community-based services.

(6) HCBS-AMH--Home and community-based services-adult mental health.

(7) HCBS-AMH assessment--A set of HHSC-defined standardized assessment measures used by HHSC to determine an individual's level of need based on an individual's strengths and needs. The HCBS-AMH assessment serves as the basis for the IRP.

(8) HHSC--Texas Health and Human Services Commission, or its designee.

(9) Individual--A person seeking or receiving services under this subchapter.

(10) IRP--Individual recovery plan. A written, individualized plan, developed in accordance with 25 TAC Chapter 412, Subchapter D (relating to Mental Health Services--Admission, Continuity, and Discharge) and 25 TAC §412.322 (relating to Provider Responsibilities for Treatment Planning and Service Authorization) in consultation with the individual and LAR, if applicable, identifying necessary HCBS-AMH services the provider will deliver to the individual and which serves as the treatment plan or recovery plan.

(11) LAR--Legally authorized representative. A person authorized by law to act on behalf of an individual as defined in Texas Health and Safety Code §241.151.

(12) Ombudsman--The Ombudsman for Behavioral Health Access to Care established by Texas Government Code §531.02251, which serves as a neutral party to help consumers, including consumers who are uninsured or have public or private health benefit coverage, and behavioral health care providers navigate and resolve issues related to consumer access to behavioral health care, including care for mental health conditions and substance use disorders.

(13) Provider--A person or entity that contracts with HHSC to provide services under this subchapter.

(14) Serious mental illness--An illness, disease, or condition (other than a sole diagnosis of epilepsy, neurocognitive disorders, substance use disorder, or intellectual disability) that:

(A) substantially impairs thought, perception of reality, emotional process, development, or judgment; or

(B) grossly impairs an individual's behavior as demonstrated by recent disturbed behavior.

Source Note: The provisions of this §307.52 adopted to be effective July 23, 2019, 44 TexReg 3637