The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
(1) Abuse--
(2) Actively involved--Significant, ongoing, and supportive involvement with an individual by a person, as determined by the individual, based on the person's:
(3) Adaptive aid--A service in the Deaf Blind with Multiple Disabilities (DBMD) Program that:
(4) Adaptive behavior--The effectiveness with or degree to which an individual meets the standards of personal independence and social responsibility expected of the individual's age and cultural group as assessed by an adaptive behavior screening assessment.
(5) Adaptive behavior level--The categorization of an individual's functioning level based on a standardized measure of adaptive behavior. There are four adaptive behavior levels ranging from mild limitations in adaptive skills (I) through profound limitations in adaptive skills (IV).
(6) Adaptive behavior screening assessment--A standardized assessment used to determine an individual's adaptive behavior level, and conducted using the current version of one of the following assessment instruments:
(7) ADLs--Activities of daily living. Basic personal everyday activities, including tasks such as eating, toileting, grooming, dressing, bathing, and transferring.
(8) Agency foster home--This term has the meaning set forth in Texas Human Resources Code §42.002.
(9) Alarm call--A signal transmitted from an individual's Community First Choice (CFC ) Emergency Response Services (ERS ) equipment to the CFC ERS response center indicating that the individual needs immediate assistance.
(10) ALF--Assisted living facility. A facility licensed in accordance with Texas Health and Safety Code Chapter 247.
(11) Alleged perpetrator--A person alleged to have committed an act of abuse, neglect, or exploitation of an individual.
(12) Audiology--A DBMD Program service that provides assessment and treatment by a licensed audiologist and includes training and consultation with an individual's family members or other support providers.
(13) Auxiliary aid--A service or device that enables an individual with impaired sensory, manual, or speaking skills to participate in the person-centered planning process. An auxiliary aid includes interpreter services, transcription services, and a text telephone.
(14) Behavior support plan--A comprehensive, individualized written plan based on a current functional behavior assessment that includes specific outcomes and behavioral techniques designed to teach or increase adaptive skills and decrease or eliminate target behaviors.
(15) Behavioral emergency--A situation in which an individual is acting in an aggressive, destructive, violent, or self-injurious manner that poses a risk of death or serious bodily harm to the individual or others.
(16) Behavioral support--A DBMD Program service that provides specialized interventions to assist an individual in increasing adaptive behaviors and replacing or modifying behaviors that prevent or interfere with the individual's inclusion in the community and consists of the following activities:
(17) Business day--Any day except a Saturday, a Sunday, or a national or state holiday listed in Texas Government Code §662.003(a) or (b).
(18) Calendar day--Any day, including weekends and holidays.
(19) Case management--The DBMD Program service described in §260.337 of this chapter (relating to Case Management).
(20) Case manager--A service provider of case management.
(21) CDS option--Consumer directed services option. A service delivery option defined in 40 TAC §41.103 (relating to Definitions).
(22) CFC--Community First Choice.
(23) CFC ERS--CFC emergency response services. A CFC service that provides backup systems and supports used to ensure continuity of services and supports. CFC ERS includes electronic devices and an array of available technology, personal emergency response systems, and other mobile communication devices.
(24) CFC ERS provider--The entity directly providing CFC ERS to an individual, which may be the program provider or a contractor of the program provider.
(25) CFC FMS--CFC financial management services. A CFC service provided to an individual who receives only CFC PAS/HAB through the CDS option.
(26) CFC PAS/HAB--CFC personal assistance services/habilitation. A CFC service:
(27) CFC support consultation--A CFC service that provides support consultation to an individual who receives only CFC PAS/HAB through the CDS option.
(28) CFC support management--A CFC service that provides training on how to select, manage, and dismiss an unlicensed service provider of CFC PAS/HAB.
(29) CFR--Code of Federal Regulations.
(30) 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.
(31) Chore services--A DBMD Program service, other than CFC PAS/HAB household chores, needed to maintain a clean, sanitary, and safe environment in an individual's home and consists of heavy household chores, such as washing floors, windows, and walls, securing loose rugs and tiles, and moving heavy items or furniture.
(32) CMS--The Centers for Medicare & Medicaid Services. CMS is the agency within the United States Department of Health and Human Services that administers the Medicare and Medicaid programs.
(33) Competitive employment--Employment that pays an individual at least minimum wage if the individual is not self-employed.
(34) Contract--A provisional contract that the Texas Health and Human Services Commission enters into in accordance with 40 TAC §49.208 (relating to Provisional Contract Application Approval) that has a term of no more than three years, not including any extension agreed to in accordance with 40 TAC §49.208(e) or a standard contract that HHSC enters into in accordance with 40 TAC §49.209 (relating to Standard Contract) that has a term of no more than five years, not including any extension agreed to in accordance with 40 TAC §49.209(d).
(35) Controlling person--A person who:
(36) Day Activity and Health Services Program--This term has the meaning set forth in Texas Human Resource Code §103.003.
(37) DBMD Program--The Deaf Blind with Multiple Disabilities Program.
(38) Deafblindness--A chronic condition in which a person:
(39) Denial--An action taken by HHSC that:
(40) Dental treatment--A DBMD Program service that: