The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

(1) AAA--An area agency on aging (commonly referred to as a "triple A"). A public or private nonprofit agency or organization, designated by HHSC in accordance with the Older Americans Act §305(a)(2)(A) (42 U.S.C. §3025(a)(1)(A)) that develops and implements an area plan.

(2) Adult--A person who is 18 years of age or older.

(3) Alarm call--A signal transmitted from an electronic monitoring system to a service provider's response center indicating a program participant needs immediate assistance.

(4) Area plan--A plan developed and implemented by a AAA for its planning and service area that establishes a comprehensive and coordinated system of services in accordance with the Older Americans Act §306(a) (42 U.S.C. §3026(a)).

(5) Business day--Any day except a Saturday, Sunday, or legal holiday listed in Texas Government Code §662.021.

(6) Contract--A binding agreement between a AAA and a subcontractor obligating the subcontractor to take responsibility for the complete implementation and administration of a service described in this chapter, including determining which individuals are eligible to receive such a service and providing the service to such individuals.

(7) Child--A person who is under 18 years of age.

(8) Cost reimbursement--Payment of actual costs incurred for goods or services.

(9) DADS--Texas Department of Aging and Disability Services. As a result of the reorganization of health and human services delivery in Texas, DADS was abolished, and its functions transferred to the Texas Health and Human Services Commission (HHSC).

(10) Day--A calendar day, unless otherwise specified.

(11) Direct purchase--When items or services are obtained from a vendor.

(12) Disability (except when such term is used in the phrase "severe disability")--A disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that results in substantial functional limitations in one or more of the following areas of major life activity: (A) self-care; (B) receptive and expressive language; (C) learning; (D) mobility; (E) self-direction; (F) capacity for independent living; (G) economic self-sufficiency; (H) cognitive functioning; and (I) emotional adjustment.

(13) Electric monitoring system--The equipment used to allow a program participant to call an ERS vendor for assistance in the event of an emergency. Such equipment includes an alert bracelet or necklace that can be activated by the program participant and the signal box to receive the call from the program participant.

(14) ERS--Emergency response services.

(15) Federal fiscal year--A 12-month period beginning October 1 and ending September 30.

(16) Fixed unit rate--A negotiated cost for a service, cost per program participant, or cost per event set forth in a contract or vendor agreement, that remains the same until the contract or vendor agreement is renegotiated, regardless of the amount of services provided, the number of program participants served, or the number of events that occur.

(17) HHSC--Health and Human Services Commission. HHSC is the sole state agency (also referred to as the "state unit on aging") designated in accordance with the Older Americans Act §305(a)(1) (42 U.S.C. §3025(a)(1)).

(18) Meal provider--A service provider that provides a congregate or home delivered meal.

(19) Means testing--Using a person's income and resource data.

(20) Older Americans Act--A federal law enacted to establish and fund a comprehensive service system for people 60 years of age or older, which can be found at 42 U.S.C. §§3001-3058ff.

(21) Planning and service area--A geographical area, consisting of one or more counties, for which HHSC designates one AAA to develop and implement an area plan.

(22) Program participant--A person receiving a service described in this chapter.

(23) Responder--A person identified by the program participant or designated by the AAA who will respond to an alarm call by a program participant.

(24) Service provider--A subcontractor or a vendor.

(25) Severe disability--A severe, chronic disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that: (A) is likely to continue indefinitely; and (B) results in substantial functional limitation in three or more of the major life activities specified in paragraph (12)(A) - (I) of this section.

(26) Staff person--Personnel, including a full-time and part-time employee or contractor, and intern but excluding a volunteer.

(27) Statewide carryover pool--An account established and managed by HHSC that contains award funds not spent by a AAA at the end of a federal fiscal year as described in §213.303(c)(1)(B) of this chapter (relating to Unspent Award Funds).

(28) Subcontractor--The party with whom a AAA enters into a contract.

(29) System check--Activating the call button of an electronic monitoring system to test the system.

(30) Variable unit rate--A negotiated cost for a service, cost per program participant, or cost per event set forth in a contract or vendor agreement that may change depending on the criteria and conditions set forth in the contract or vendor agreement.

(31) Vendor agreement--A binding agreement between a AAA and a vendor obligating the vendor to provide goods or services to individuals determined eligible by the AAA for such goods or services as part of the AAA's implementation and administration of a service described in this chapter.

(32) Vendor--The party with whom a AAA enters into a vendor agreement.

Source Note: The provisions of this §213.101 adopted to be effective September 1, 2008, 33 TexReg 7293; amended to be effective September 1, 2011; 36 TexReg 4811; amended to be effective April 5, 2018, 43 TexReg 2027; transferred effective November 15, 2020, as published in the Texas Register October 30, 2020, 45 TexReg 7721; amended to be effective June 3, 2021, 46 TexReg 3415