Texas Health & Safety Code - Section 142.001. Definitions
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§ 142.001. DEFINITIONS. In this chapter:
(1) "Administrative support site" means a facility or
site where a home and community support services agency performs
administrative and other support functions but does not provide
direct home health, hospice, or personal assistance services.
(2) "Alternate delivery site" means a facility or
site, including a residential unit or an inpatient unit:
(A) that is owned or operated by a hospice;
(B) that is not the hospice's principal place of
business;
(C) that is located in the geographical area
served by the hospice; and
(D) from which the hospice provides hospice
services.
(3) "Bereavement" means the process by which a
survivor of a deceased person mourns and experiences grief.
(4) "Bereavement services" means support services
offered to a family during bereavement.
(5) "Branch office" means a facility or site in the
geographical area served by a home and community support agency
where home health or personal assistance services are delivered or
active client records are maintained.
(6) "Certified agency" means a home and community
support services agency, or a portion of the agency, that:
(A) provides a home health service; and
(B) is certified by an official of the Department
of Health and Human Services as in compliance with conditions of
participation in Title XVIII, Social Security Act (42 U.S.C.
Section 1395 et seq.).
(7) "Certified home health services" means home health
services that are provided by a certified agency.
(8) "Chief financial officer" means an individual who
is responsible for supervising and managing all financial
activities for a home and community support services agency.
(9) "Controlling person" means a person who controls a
home and community support services agency or other person as
described by Section 142.0012.
(10) "Council" means the Home and Community Support
Services Advisory Council.
(11) "Counselor" means an individual qualified under
Medicare standards to provide counseling services, including
bereavement, dietary, spiritual, and other counseling services, to
both the client and the family.
(12) "Home and community support services agency"
means a person who provides home health, hospice, or personal
assistance services for pay or other consideration in a client's
residence, an independent living environment, or another
appropriate location.
(13) "Home health service" means the provision of one
or more of the following health services required by an individual
in a residence or independent living environment:
(A) nursing, including blood pressure monitoring
and diabetes treatment;
(B) physical, occupational, speech, or
respiratory therapy;
(C) medical social service;
(D) intravenous therapy;
(E) dialysis;
(F) service provided by unlicensed personnel
under the delegation or supervision of a licensed health
professional;
(G) the furnishing of medical equipment and
supplies, excluding drugs and medicines; or
(H) nutritional counseling.
(14) "Hospice" means a person licensed under this
chapter to provide hospice services, including a person who owns or
operates a residential unit or an inpatient unit.
(15) "Hospice services" means services, including
services provided by unlicensed personnel under the delegation of a
registered nurse or physical therapist, provided to a client or a
client's family as part of a coordinated program consistent with
the standards and rules adopted under this chapter. These services
include palliative care for terminally ill clients and support
services for clients and their families that:
(A) are available 24 hours a day, seven days a
week, during the last stages of illness, during death, and during
bereavement;
(B) are provided by a medically directed
interdisciplinary team; and
(C) may be provided in a home, nursing home,
residential unit, or inpatient unit according to need. These
services do not include inpatient care normally provided in a
licensed hospital to a terminally ill person who has not elected to
be a hospice client.
(16) "Inpatient unit" means a facility that provides a
continuum of medical or nursing care and other hospice services to
clients admitted into the unit and that is in compliance with:
(A) the conditions of participation for
inpatient units adopted under Title XVIII, Social Security Act (42
U.S.C. Section 1395 et seq.); and
(B) standards adopted under this chapter.
(17) "Independent living environment" means:
(A) a client's individual residence, which may
include a group home or foster home; or
(B) other settings where a client participates in
activities, including school, work, or church.
(18) "Interdisciplinary team" means a group of
individuals who work together in a coordinated manner to provide
hospice services and must include a physician, registered nurse,
social worker, and counselor.
(19) "Investigation" means an inspection or survey
conducted by a representative of the department to determine if a
licensee is in compliance with this chapter.
(20) "Palliative care" means intervention services
that focus primarily on the reduction or abatement of physical,
psychosocial, and spiritual symptoms of a terminal illness.
(21) "Person" means an individual, corporation, or
association.
(22) "Personal assistance service" means routine
ongoing care or services required by an individual in a residence or
independent living environment that enable the individual to engage
in the activities of daily living or to perform the physical
functions required for independent living, including respite
services. The term includes:
(A) personal care;
(B) health-related services performed under
circumstances that are defined as not constituting the practice of
professional nursing by the Board of Nurse Examiners through a
memorandum of understanding with the department in accordance with
Section 142.016; and
(C) health-related tasks provided by unlicensed
personnel under the delegation of a registered nurse or that a
registered nurse determines do not require delegation.
(22-a) "Personal care" means the provision of one or
more of the following services required by an individual in a
residence or independent living environment:
(A) bathing;
(B) dressing;
(C) grooming;
(D) feeding;
(E) exercising;
(F) toileting;
(G) positioning;
(H) assisting with self-administered
medications;
(I) routine hair and skin care; and
(J) transfer or ambulation.
(23) "Place of business" means an office of a home and
community support services agency that maintains client records or
directs home health, hospice, or personal assistance services. The
term does not include an administrative support site.
(24) "Residence" means a place where a person resides
and includes a home, a nursing home, a convalescent home, or a
residential unit.
(25) "Residential unit" means a facility that provides
living quarters and hospice services to clients admitted into the
unit and that is in compliance with standards adopted under this
chapter.
(26) "Respite services" means support options that are
provided temporarily for the purpose of relief for a primary
caregiver in providing care to individuals of all ages with
disabilities or at risk of abuse or neglect.
(27) "Social worker" means an individual licensed as a
social worker under Chapter 505, Occupations Code.
(28) "Support services" means social, spiritual, and
emotional care provided to a client and a client's family by a
hospice.
(29) "Terminal illness" means an illness for which
there is a limited prognosis if the illness runs its usual course.
(30) "Volunteer" means an individual who provides
assistance to a home and community support services agency without
compensation other than reimbursement for actual expenses.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991. 72nd Leg., ch. 14, § 42, 43, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 800, § 3, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 1191, § 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 276, § 1, eff. Sept. 1, 1999; Acts 1999, 76th
Leg., ch. 702, § 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch.
198, § 2.193, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 892,
§ 25, eff. Sept. 1, 2003.
Section: 141.014 141.015 141.016 141.017 141.018 141.019 141.020 142.001 142.0011 142.0012 142.002 142.0025 142.003 142.004 142.005
Last modified: August 10, 2007
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