This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:36 GMT
The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise. (1) Activities of daily living (ADLs)--Activities that include eating, toileting, personal hygiene, dressing, bathing, transferring, positioning, and locomotion or mobility. (2) Basic services--Basic services include: (A) the development, implementation, and monitoring of a comprehensive protocol of care that: (i) is provided to a medically dependent or technologically dependent participant; (ii) is developed in conjunction with the participant's responsible adult; and (iii) specifies the medical, nursing, psychosocial, therapeutic, and developmental services required by the participant; and (B) the caregiver training needs of a medically dependent or technologically dependent participant's parent or responsible adult. (3) Correct or ameliorate--To improve, maintain, or slow the deterioration of the participant's health status. (4) Direct care staff--An employee or contractor of a PPECC who:(A) works under the supervision of a registered nurse;(B) provides direct care to a participant; and(C) meets the qualifications described in 26 TAC §550.409(a) (relating to Direct Care Staff Qualifications).(5) Fair hearing--The process HHSC has adopted and implemented in Chapter 357, Subchapter A, of this title (relating to Uniform Fair Hearing Rules) in compliance with federal and state regulations governing Medicaid Fair Hearings. (6) HHSC--The Texas Health and Human Services Commission or its designee. (7) Licensed vocational nurse (LVN)--An employee or contractor of a PPECC who is licensed by the Texas Board of Nursing to practice vocational nursing in accordance with Texas Occupations Code Chapter 301. (8) Medicaid managed care organization (MCO)--Any entity with which HHSC contracts to provide Medicaid services and that complies with Chapter 353 of this title (relating to Medicaid Managed Care). (9) Medically or technologically dependent participant-- (A) An individual 20 years of age or younger: (i) who has an acute or chronic medically complex or fragile condition or disability; and (ii) whose condition or disability, as stated in clause (i) of this subparagraph, requires: (I) ongoing skilled nursing care beyond the level of skilled nursing visits normally authorized under Texas Medicaid home health skilled nursing and home health aide services, prescribed by a physician to avert death or further disability; or (II) the routine use of a medical device to compensate for a deficit in a life-sustaining bodily function. (B) The term does not include a participant with a controlled or occasional medical condition that does not require ongoing nursing care. (10) Notice (or notification)--A letter provided by HHSC or an MCO to a participant informing the participant of any reduction, denial, or termination of a requested service, as described in the Code of Federal Regulations,