SECTION 561.2. Definitions

The following words and terms in this chapter have the following meanings, unless the context clearly indicates otherwise:

(1) Abuse--Is defined by the statute or rule that governs the investigation of alleged abuse of an individual using the CDS option or receiving facility or agency services.

(2) Administrative law judge--An administrative law judge from the Texas State Office of Administrative Hearings (SOAH) who is authorized to preside over certain administrative hearings under this chapter and in accordance with Texas Government Code, Chapter 2001.

(3) Administrative hearing--A contested case hearing conducted under this chapter by SOAH based on a written request for hearing by an employee contesting the Texas Health and Human Services Commission's (HHSC's) determination that the employee committed reportable conduct.

(4) Agency--In this chapter means:

(A) a home and community support services agency licensed under Texas Health and Safety Code (THSC) Chapter 142, that provides services to an elderly or disabled adult;

(B) a person exempt from licensing under THSC §142.003(a)(19);

(C) a facility for persons with an intellectual disability or related conditions licensed under THSC Chapter 252;

(D) a state supported living center as defined in THSC §531.002;

(E) a local authority designated under THSC §533.035;

(F) a community center as defined in THSC §531.002;

(G) a mental health facility operated by the Texas Department of State Health Services;

(H) the intermediate care facility for individuals with an intellectual disability component of the Rio Grande State Center; or

(I) a contractor of an entity described in subparagraphs (D) - (H) of this paragraph.

(5) Child--A person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes.

(6) Consumer directed services option (CDS option)--A service delivery option, described in Texas Administrative Code, Title 40, Chapter 41 (relating to Consumer Directed Services Option), in which an individual or legally authorized representative (LAR) employs and retains service providers and directs the delivery of program services.

(7) Executive Commissioner--The executive commissioner of HHSC.

(8) Employee--A person who:

(A) works for an agency, a facility, or an individual employer;

(B) provides personal care services, active treatment, or any other personal services to an individual using the CDS option or receiving facility or agency services; and

(C) is not licensed to perform those services or is a nurse aide.

(9) Employee Misconduct Registry--The registry established in THSC Chapter 253, and available on the HHSC website.

(10) Exploitation--Is defined by the statute or rule that governs the investigation of alleged exploitation of an individual using the CDS option or receiving facility or agency services.

(11) Facility--In this chapter means:

(A) a nursing facility licensed under THSC Chapter 242;

(B) an assisted living facility licensed under THSC Chapter 247;

(C) a home and community support services agency licensed under THSC Chapter 142, that provides services to a child;

(D) a home and community support services agency licensed under THSC Chapter 142, as a hospice inpatient unit or hospice residential unit;

(E) a day activity and health services facility licensed under Texas Human Resources Code, Chapter 103;

(F) an adult foster care provider that contracts with HHSC; or

(G) a prescribed pediatric extended care center licensed under THSC, Chapter 248A.

(12) Financial management services agency (FMSA)--As defined in Texas Administrative Code, Title 40, Chapter 41 §41.103 (relating to Definitions), an entity that contracts with HHSC to provide financial management services to individuals who use the CDS option.

(13) Individual employer--An employer, as defined in Texas Administrative Code, Title 40, Chapter 41 §41.103, which is an individual or LAR who participates in the CDS option and is responsible for hiring and retaining service providers to deliver program services.

(14) Informal review (IR)--An opportunity for an employee to dispute the preliminary results of an investigation by providing HHSC with additional information, initiated by a written request by the employee.

(15) Neglect--Is defined by the statute or rule that governs the investigation of alleged neglect of an individual using the CDS option or receiving facility or agency services.

(16) Nurse Aide Registry (NAR)--The registry established in THSC §250.001(1), and available on the HHSC website.

(17) Reportable conduct--Reportable conduct, as defined in THSC §253.001, which includes:

(A) abuse or neglect that causes or may cause death or harm to an individual using the CDS option or receiving facility or agency services;

(B) sexual abuse of an individual using the CDS option or receiving facility or agency services;

(C) financial exploitation of an individual using the CDS option or receiving facility or agency services in the amount of $25 or more; and

(D) emotional, verbal, or psychological abuse that causes harm to an individual using the CDS option or receiving facility or agency services.

(18) Texas State Office of Administrative Hearings (SOAH)--The state agency responsible for conducting certain administrative hearings for other state agencies, including HHSC.

(19) THSC--Texas Health and Safety Code.

Source Note: The provisions of this §561.2 adopted to be effective April 21, 2022, 47 TexReg 2012