(a) For the purpose of this chapter, the term "agency" has the meaning given by §48.401, Human Resources Code, as further clarified in this rule. Any terms used within the definition of "agency" have the meaning given by statute or elaborated upon by this chapter or Title 40, Texas Administrative Code, Chapter 705 (relating to Adult Protective Services). The purpose of this rule is to provide a non-exhaustive list of agencies, the employees of which are subject to being listed on the EMR if they are found to have committed reportable conduct. The list is illustrative and not exclusionary. Employees of agencies not specifically enumerated that are within the meaning of §48.401 continue to be eligible for the EMR without regard to whether the agency is specifically enumerated below.
(b) The term "agency" means:
  (1) a home and community support services agency licensed under Chapter 142, Health and Safety Code;
  (2) a person exempt from licensure who provides home health, hospice, habilitation, or personal assistance services only to persons receiving benefits under:
    (A) the home and community-based services (HCS) waiver program;
    (B) the Texas home living (TxHmL) waiver program;
    (C) the STAR + PLUS or other Medicaid managed care program under the program's HCS or TxHmL certification; or
    (D) Section 534.152, Government Code;
  (3) an intermediate care facility for individuals with an intellectual disability or related conditions (ICF-IID) licensed under Chapter 252, Health and Safety Code; or
  (4) a provider investigated by HHSC under Subchapter F, Human Resources Code or §261.404, Family Code. Such providers include:
    (A) a facility as defined in §711.3 of this chapter (relating to How are the terms in this chapter defined?);
    (B) a community center, local mental health authority, and local intellectual and developmental disability authority, as defined in §711.3 of this chapter;
    (C) a person who contracts with a health and human services agency or managed care organization to provide home and community-based services (HCBS) as that term is defined in §48.251, Human Resources Code and which is the umbrella term for various long-term services and supports within the Medicaid program, whether delivered in a fee-for-service, managed care, or other service delivery model, and which includes but is not limited to:
      (i) Waiver programs including:
        (I) community living assistance and support services (CLASS);
        (II) Deaf Blind Multiple Disabilities;
        (III) HCS;
        (IV) TxHmL;
        (V) Medically Dependent Child Program (MDCP); and
        (VI) Youth Empowerment Services (YES);
      (ii) Community First Choice;
      (iii) Texas Dual Eligible Integrated Care Project;
      (iv) State plan services including:
        (I) Community attendant services; and
        (II) Personal attendant services;
      (v) Managed Care Programs including:
        (I) HCBS - Adult Mental Health;
        (II) STAR + PLUS Managed Care program; and
        (III) STAR Kid Managed Care program; and
      (vi) any other program, project, waiver demonstration, or service providing long-term services and supports through the Medicaid program;
    (D) a person who contracts with a Medicaid managed care organization to provide behavioral health services as that term is defined in §48.251 and which include but are not limited to:
      (i) Targeted Case Management; and
      (ii) Psychiatric Rehabilitation services;
    (E) a managed care organization;
    (F) an officer, employee, agent, contractor, or subcontractor of a person or entity listed in subparagraphs (A) - (E) of this paragraph; and
    (G) an employee, fiscal agent, case manager, or service coordinator of an individual employer participating in the consumer directed service option, as defined by §531.051, Government Code.

Source Note: The provisions of this §711.1406 adopted to be effective July 5, 2020, 45 TexReg 4525