Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 44 - CONSUMER MANAGED PERSONAL ATTENDANT SERVICES
Subchapter A - INTRODUCTION
Section 44.102 - Definitions

Universal Citation: 40 TX Admin Code ยง 44.102

Current through Reg. 49, No. 38; September 20, 2024

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

(1) Abuse--Any of the following:

(A) physical abuse;

(B) sexual abuse; or

(C) verbal or emotional abuse.

(2) Alleged perpetrator--A person alleged to have committed an act of abuse, neglect, or exploitation of an individual.

(3) Applicant--A Texas resident who requests services under the CMPAS Program.

(4) Assessor of need--A provider employee responsible for determining an applicant's or individual's need for CMPAS.

(5) Attendant--A person who provides direct care to an individual.

(6) Block grant option--One of three CMPAS Program service delivery and payment options. In the block grant option, the individual is the employer of record of an attendant and the provider is the employer of record of a substitute attendant.

(7) CDS option--Consumer directed services option. One of three CMPAS Program service delivery and payment options. In the CDS option, the individual is the employer of record of the attendant and substitute attendant.

(8) Chemical restraint--A medication used to control an individual's behavior or to restrict the individual's freedom of movement that is not a standard treatment for the individual's medical or psychological condition.

(9) CMPAS Program--Consumer Managed Personal Attendant Services Program. An HHSC program for personal attendant services in which individuals manage their attendant services to varying degrees.

(10) Contract--The written agreement between HHSC and a provider to provide services to individuals eligible under this chapter in exchange for payment.

(11) Contract manager--An HHSC employee who is responsible for the overall management of a contract.

(12) Controlling person--A person who:

(A) has an ownership interest in a provider;

(B) is an officer or director of a corporation that is a provider;

(C) is a partner in a partnership that is a provider;

(D) is a member or manager in a limited liability company that is a provider;

(E) is a trustee or trust manager of a trust that is a provider; or

(F) because of a personal, familial, or other relationship with a provider, is in a position of actual control or authority with respect to the provider, regardless of the person's title.

(13) DADS--HHSC.

(14) DADS region--HHSC region. A region of Texas designated by HHSC in which the CMPAS Program is available.

(15) DADS regional designee--An HHSC employee appointed by the HHSC regional director of an HHSC region.

(16) Day--A calendar day, including weekends and holidays.

(17) DFPS--The Department of Family and Protective Services.

(18) Exploitation--

(A) in the traditional service option and the block grant option, exploitation means the illegal or improper act or process of using, or attempting to use, an individual or the resources of an individual for monetary or personal benefit, profit, or gain, including theft as defined in Chapter 31 of the Texas Penal Code; and

(B) in the CDS option, exploitation means the illegal or improper act or process of using, or attempting to use, an individual or the resources of an individual for monetary or personal benefit, profit, or gain.

(19) Family member--A person who has a duty under state law to provide care for an individual.

(20) FMSA--Financial management services agency. An entity that contracts with HHSC to provide financial management services, as defined in § 41.103 of this title (relating to Definitions).

(21) Former military member--A person who served in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard:

(A) who declared and maintained Texas as the person's state of legal residence in the manner provided by the applicable military branch while on active duty; and

(B) who was killed in action or died while in service, or whose active duty otherwise ended.

(22) Health-related task--An activity of daily living, a health maintenance task, or a nursing task, as described in 22 TAC Chapter 225.

(23) HHSC--The Texas Health and Human Services Commission.

(24) Home and community support services agency--An agency licensed under Texas Health and Safety Code, Chapter 142.

(25) IDT--Interdisciplinary team. A designated group of persons, as described in § 44.502(a) of this chapter (relating to Convening an IDT).

(26) Individual--A person enrolled in the CMPAS Program. A reference in this chapter to "individual" includes the individual's LAR, unless the context indicates otherwise.

(27) LAR--Legally authorized representative. A person authorized by law to act on behalf of an individual with regard to a matter described in this chapter, including the guardian of an adult.

(28) Mechanical restraint--A mechanical device, material, or equipment used to control an individual's behavior by restricting the ability of the individual to freely move part or all of the individual's body.

(29) Military family member--A person who is the spouse or child (regardless of age) of:

(A) a military member; or

(B) a former military member.

(30) Military member--A member of the United States military serving in the Army, Navy, Air Force, Marine Corps, or Coast Guard on active duty who has declared and maintains Texas as the member's state of legal residence in the manner provided by the applicable military branch.

(31) Neglect--A negligent act or omission that caused physical or emotional injury or death to an individual or placed an individual at risk of physical or emotional injury or death.

(32) Physical abuse--Any of the following:

(A) an act or failure to act performed knowingly, recklessly, or intentionally, including incitement to act, that caused physical injury or death to an individual or placed an individual at risk of physical injury or death;

(B) an act of inappropriate or excessive force or corporal punishment, regardless of whether the act results in a physical injury to an individual; or

(C) the use of a restraint or seclusion.

(33) Physical restraint--Any manual method used to control an individual's behavior, except for physical guidance or prompting of brief duration that an individual does not resist, that restricts:

(A) the free movement or normal functioning of all or a part of the individual's body; or

(B) normal access by an individual to a portion of the individual's body.

(34) Practitioner--A physician currently licensed in Texas, Louisiana, Arkansas, Oklahoma, or New Mexico; a physician assistant currently licensed in Texas; or an advanced practice registered nurse licensed by the Texas Board of Nursing.

(35) Practitioner's statement--The HHSC Practitioner's Statement of Medical Need form.

(36) Provider--A home and community support services agency that contracts with HHSC to provide services under the CMPAS Program.

(37) Restraint--Any of the following:

(A) a chemical restraint;

(B) a mechanical restraint; or

(C) a physical restraint.

(38) Representative--An adult designated by an individual, such as the individual's spouse, relative, or friend, who volunteers to assist the individual with a responsibility of the individual described in this chapter.

(39) Seclusion--The involuntary placement of an individual alone in an area from which the individual is prevented from leaving.

(40) Section 1915(c)--A section of the Social Security Act that allows states to establish, by waiver of certain Medicaid requirements, alternative community-based services for individuals who qualify for institutional services.

(41) Service plan--A document that lists the service tasks and states the hours of services agreed to by the individual and assessor of need.

(42) Sexual abuse--Any of the following:

(A) sexual exploitation of an individual;

(B) non-consensual or unwelcomed sexual activity with an individual; or

(C) consensual sexual activity between an individual and an attendant, staff person, or controlling person, unless a consensual sexual relationship with an adult individual existed before the attendant, staff person, or controlling person became an attendant, staff person, or controlling person.

(43) Sexual activity--An activity that is sexual in nature, including kissing, hugging, stroking, or fondling with sexual intent.

(44) Sexual exploitation--A pattern, practice, or scheme of conduct against an individual that can reasonably be construed as being for the purposes of sexual arousal or gratification of any person:

(A) which may include sexual contact; and

(B) does not include obtaining information about an individual's sexual history within standard accepted clinical practice.

(45) Staff person--An employee, contractor, or volunteer of a provider.

(46) State mental health facility--A Texas state hospital or a state center with an inpatient psychiatric component.

(47) Substitute attendant--A person who, on a temporary basis and in place of an attendant, provides services to an individual.

(48) Traditional service option--One of three CMPAS Program service delivery and payment options. In the traditional service option, the provider is the employer of record of the attendant and substitute attendant.

(49) Verbal or emotional abuse--Any act or use of verbal or other communication, including gestures:

(A) to:
(i) harass, intimidate, humiliate, or degrade an individual; or

(ii) threaten an individual with physical or emotional harm; and

(B) that:
(i) results in observable distress or harm to the individual; or

(ii) is of such a serious nature that a reasonable person would consider it harmful or a cause of distress.

(50) Working day--Any day except a Saturday, Sunday, or national or state holiday listed in Texas Government Code § 662.003(a) or (b).

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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