The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
  (1) Abuse-- Negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain to an elderly or disabled person by the person's caretaker, family member, or other individual who has an ongoing relationship with the person, or sexual abuse of an elderly or disabled person, including any involuntary or nonconsensual sexual conduct that would constitute an offense under Texas Penal Code §21.08 (relating to Indecent Exposure) or Texas Penal Code, Chapter 22 (relating to Assaultive Offenses) committed by the person's caretaker, family member, or other individual who has an ongoing relationship with the person.
  (2) Actual harm--A negative outcome that compromises the physical, mental, or emotional well-being of an elderly person or a person with a disability receiving services at a facility.
  (3) Adult--A person 18 years of age or older or an emancipated minor.
  (4) Affiliate--With respect to a:
    (A) partnership, each partner of the partnership;
    (B) corporation, each officer, director, principal stockholder, and subsidiary; and each person with a disclosable interest;
    (C) natural person, includes each:
      (i) person's spouse;
      (ii) partnership and each partner thereof, of which said person or any affiliate of said person is a partner; and
      (iii) corporation in which the person is an officer, director, principal stockholder, or person with a disclosable interest.
  (5) Alzheimer's disease and related disorders--Alzheimer's disease and any other irreversible dementia described by the Centers for Disease Control and Prevention (CDC) or the most current edition of the Diagnostic and Statistical Manual of Mental Disorders.
  (6) Ambulatory--Mobility not relying on walker, crutch, cane, or other physical object or use of wheelchair.
  (7) Applicant--A person applying for a license under Texas Human Resources Code, Chapter 103.
  (8) Change of ownership--An event that results in a change to the federal taxpayer identification number of the license holder of a facility. The substitution of a personal representative for a deceased license holder is not a change of ownership.
  (9) Client--An individual receiving day activity and health services.
  (10) Construction, existing--See definition of existing building.
  (11) Construction, new--Construction begun after April 1, 2007.
  (12) Construction, permanent--A building or structure that meets a nationally recognized building code's details for foundations, floors, walls, columns, and roofs.
  (13) Controlling person--A person with the ability, acting alone or with others, to directly or indirectly influence, direct, or cause the direction of management, expenditure of money, or policies of a facility or other person. A controlling person includes:
    (A) a management company, landlord, or other business entity that operates or contracts with others for the operation of a facility;
    (B) any person who is a controlling person of a management company or other business entity that operates a facility or that contracts with another person for the operation of a facility;
    (C) an officer or director of a publicly traded corporation that is, or that controls, a facility, management company, or other business entity described in subparagraph (A) of this paragraph but does not include a shareholder or lender of the publicly traded corporation; and
    (D) any other individual who, because of a personal, familial, or other relationship with the owner, manager, landlord, tenant, or provider of a facility, is in a position of actual control or authority with respect to the facility, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the facility, except an employee, lender, secured creditor, landlord, or other person who does not exercise formal or actual influence or control over the operation of a facility.
  (14) DADS--The term referred to the Texas Department of Aging and Disability Services; it now refers to HHSC.
  (15) DAHS--Day activity and health services. Health, social, and related support services as defined in this section.
  (16) DAHS facility--A facility that provides services through a day activity and health services program on a daily or regular basis, but not overnight, to four or more elderly persons or persons with disabilities who are not related to the owner of the facility by blood, marriage, or adoption.
  (17) DAHS program--A structured, comprehensive program offered by a DAHS facility that is designed to meet the needs of adults with functional impairments by providing DAHS in accordance with individual plans of care in a protective setting.
  (18) Days--Calendar days, unless otherwise specified.
  (19) Department--HHSC.
  (20) Dietitian consultant--A person licensed as a dietitian by the Texas Department of Licensing and Regulation or a person with a bachelor's degree with major studies in food and nutrition, dietetics, or food service management.
  (21) Direct ownership interest--Ownership of equity in the capital, stock, or profits of, or a membership interest in, an applicant or license holder.
  (22) Direct service staff--An employee or contractor of a facility who directly provides services to individuals, including the director, a licensed nurse, the activities director, and an attendant. An attendant includes a driver, food service worker, aide, janitor, housekeeper, and laundry worker. A dietitian consultant is not a member of the direct service staff.
  (23) Director--The person responsible for the overall operation of a facility.
  (24) Disclosable interest--Five percent or more direct or indirect ownership interest in an applicant or license holder.
  (25) Elderly person--A person 65 years of age or older
  (26) Executive Commissioner--The executive commissioner of HHSC.
  (27) Existing building--A building or portion thereof that, at the time of initial inspection by HHSC, is used as an adult day care occupancy, as defined by Life Safety Code, NFPA 101, 2000 edition, Chapter 17, for existing adult day care occupancies; or has been converted from another occupancy or use to an adult day care occupancy, as defined by Chapter 16 for new adult day care occupancies.
  (28) Exploitation--An illegal or improper act or process of a caretaker, family member, or other individual who has an ongoing relationship with the elderly person or person with a disability, using the resources of an elderly person or person with a disability for monetary or personal benefit, profit, or gain without the informed consent of the elderly person or person with a disability.
  (29) Facility--A licensed DAHS facility.
  (30) Fence--A barrier to prevent elopement of an individual or intrusion by an unauthorized person, consisting of posts, columns, or other support members, and vertical or horizontal members of wood, masonry, or metal.
  (31) FM--FM Global (formerly known as Factory Mutual). A corporation whose approval of a product indicates a level of testing and certification that is acceptable to HHSC.
  (32) Fraud--A deliberate misrepresentation or intentional concealment of information to receive or to be reimbursed for service delivery to which an individual is not entitled.
  (33) Functional impairment--A condition that requires assistance with one or more personal care services.
  (34) Health assessment--An assessment of an individual by a facility used to develop the individual's plan of care.
  (35) Health services--Services that include personal care, nursing, and therapy services.
    (A) Personal care services include:
      (i) bathing;
      (ii) dressing;
      (iii) preparing meals;
      (iv) feeding;
      (v) grooming;
      (vi) taking self-administered medication;
      (vii) toileting;
      (viii) ambulation; and
      (ix) assistance with other personal needs or maintenance.
    (B) Nursing services may include:
      (i) administering medications;
      (ii) physician-ordered treatments, such as dressing changes; and
      (iii) monitoring the health condition of the individual.
    (C) Therapy services may include:
      (i) physical therapy;
Cont'd...