The words and terms used in this chapter have the following meanings, unless the context clearly indicates otherwise.
  (1) Capitation--The uniform per client monthly amount that DADS pays to a provider agency.
  (2) CFR--The Code of Federal Regulations.
  (3) CMS--The Centers for Medicare and Medicaid Services.
  (4) DADS--The Department of Aging and Disability Services or its successor agency.
  (5) 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.
  (6) Individual--A person seeking to enroll or who is enrolled in PACE services.
  (7) Interdisciplinary Team (IDT)--The IDT is a team of persons who interact and collaborate to assess clients and plan for their care. The IDT must include the client's primary care physician, registered nurse, Programs of All-Inclusive Care for the Elderly (PACE) center director, social worker, physical therapist, occupational therapist, activities director, dietician, home care coordinator, personal care attendant or his or her representative, and driver or his or her representative.
  (8) 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, and may include a parent, guardian, or managing conservator of a minor, or the guardian of an adult.
  (9) 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.
  (10) 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.
  (11) Nursing facility--A facility required to be licensed under Texas Health and Safety Code, Chapter 242.
  (12) PACE--Programs of All-Inclusive Care for the Elderly.
  (13) PACE contract--A written agreement between DADS and the provider agency to provide PACE services for one year.
  (14) Program agreement--A three-party agreement between the provider agency, CMS, and DADS.
  (15) Provider agency--An entity that delivers required PACE services under a PACE contract and a program agreement.
  (16) Respite services--Services provided to an individual unable to care for himself or herself, because of the absence or need for relief of those persons normally providing the care.
  (17) Service area--The geographic area served by a provider agency according to its program agreement and PACE contract.

Source Note: The provisions of this §270.6 adopted to be effective March 24, 2004, 29 TexReg 2923; amended to be effective September 1, 2014, 39 TexReg 6674; amended to be effective February 23, 2017, 42 TexReg 695; transferred effective July 31, 2024, as published in the July 5, 2024, issue of the Texas Register, 49 TexReg 4933