The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
  (1) Assisted Living Facility (ALF)--A facility licensed under Texas Health and Safety Code, Chapter 247.
  (2) Client--For a Home and Community Support Services Agency (HCSSA), this term means a person receiving home health, hospice, or personal assistance services from a HCSSA.
  (3) Communicable disease--An infection transmissible by direct contact with an affected individual or the individual's body fluids, or by indirect means, or by direct or indirect contact with disease carriers.
  (4) Community health risk--A risk to the community of individuals or residents residing at a facility.
  (5) DSHS--Texas Department of State Health Services.
  (6) End-of-life visit--A personal visit between a visitor and an individual, resident, or client who is receiving hospice services; who is at or near the end of life, with or without receiving hospice services; or whose prognosis does not indicate recovery.
  (7) Essential caregiver--A family member, friend, guardian, volunteer, or other person designated for in-person visits by an individual, resident, or client or the individual's, resident's, or client's guardian or legally authorized representative (LAR). In case of conflict between an individual's, resident's, or client's selection and a guardian's selection on behalf of the individual, resident, or client, the guardian's selection prevails, in accordance with the terms of the guardianship. If an individual, resident, or client has no guardian and is unable to select an essential caregiver, the individual's, resident's, or client's LAR may select the essential caregiver.
  (8) Essential caregiver visit--An in-person visit between an individual, resident, or client and a designated essential caregiver.
  (9) Home and Community-based Services (HCS)--A program operated by HHSC as authorized by Centers for Medicare and Medicaid Services (CMS) in accordance with §1915(c) of the Social Security Act.
  (10) Home and Community Support Services Agency (HCSSA)--An agency licensed under Texas Health and Safety Code, Chapter 142, to provide home health, hospice, or personal assistance services.
  (11) Individual--A person enrolled in the Intermediate Care Facility for Individuals with an Intellectual Disability or Related Condition (ICF/IID) program or HCS program. This definition applies to the ICF/IID and HCS programs only.
  (12) Intermediate Care Facility for Individuals with an Intellectual Disability or Related Condition (ICF/IID)--A facility licensed under Texas Health and Safety Code, Chapter 252, or exempt from licensure under Texas Health and Safety Code §252.003.
  (13) Legally authorized representative (LAR)--A person authorized by law to act on behalf of an individual, resident, or client with regard to a matter described by this chapter, and who may be the parent of a minor child or the legal guardian of or surrogate decision maker for the individual, resident, or client.
  (14) Nursing facility (NF)--A facility licensed under Texas Health and Safety Code, Chapter 242.
  (15) Program provider--A contractor, as defined in 40 TAC §49.102 (relating to Definitions), that has a contract with the Texas Health and Human Services Commission (HHSC) to provide HCS program services, excluding a Financial Management Services Agency.
  (16) Public health emergency or disaster--A federal declaration of a public health emergency or a statewide or regional declaration of a public health disaster by the commissioner of DSHS under Chapter 81 of the Texas Health and Safety Code. A state or regional public health disaster can be declared only if the governor has declared a state of disaster for the same threat under Chapter 418 of the Texas Government Code.
  (17) Religious counselor--A person acting substantially in a pastoral or religious capacity to provide spiritual counsel to other persons.
  (18) Religious counselor visit--An in-person visit between a religious counselor and an individual or resident, that may occur at any time. A religious counselor visit must not be limited to an individual or resident at the end of life.
  (19) Residence--
    (A) for purposes of Subchapter H of this chapter (relating to Home and Community-Based Services), a host home or companion care, three-person, or four-person residence, as defined by the HCS billing guidelines, unless otherwise specified; or
    (B) a private home, a nursing facility, an assisted living facility, an ICF/IID facility, or an unlicensed independent living environment; or
    (C) for purposes of Subchapter D of this chapter (relating to Home and Community Support Services Agencies), a place where a client resides.
  (20) Resident--A person residing in a facility. This definition applies to NFs and ALFs only.
  (21) Resident representative--
    (A) A person chosen by the resident to act on behalf of the resident in order to support the resident in decision-making; access medical, social, or other personal information of the resident; manage the resident's financial matters; or receive notifications regarding the resident; or
    (B) A person authorized by state or federal law (including agents under power of attorney, representative payees, and other fiduciaries) to act on behalf of the resident in order to support the resident in decision-making; access medical, social, or other personal information of the resident; manage the resident's financial matters; or receive notifications regarding the resident; or
    (C) A legally authorized representative; or
    (D) The court-appointed guardian of a resident.

Source Note: The provisions of this §570.2 adopted to be effective June 1, 2022, 47 TexReg 3143