Section 253.001 - [Effective Until 4/1/2025] Definitions In this chapter:
(1) "Commission" means the Health and Human Services Commission .(1-a) "Consumer" means a resident of or an individual receiving services from a facility covered by this chapter.(1-b) "Consumer-directed service option" has the meaning assigned by Section 531.051, Government Code.(2) "Department" means the Department of Aging and Disability Services.(3) "Employee" means a person who: (A) works at a facility or for an individual employer;(B) is an individual who provides personal care services, active treatment, or any other personal services to a consumer or to an individual using the consumer-directed service option; and(C) is not licensed by an agency of the state to perform the services the employee performs for the individual using the consumer-directed service option or at the facility or is a nurse aide employed by a facility.(3-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(4)[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 887]
"Facility" means: (A) a nursing facility licensed by the commission under Chapter 242 ;
(B) an intermediate care facility for individuals with an intellectual disability licensed by the commission under Chapter 252;(C) an adult foster care provider that contracts with the commission ;(D) a home and community support services agency licensed by the commission under Chapter 142; (E) a prescribed pediatric extended care center licensed by the commission under Chapter 248A;(F) an assisted living facility licensed by the commission under Chapter 247;(G) a day activity and health services facility licensed by the commission under Chapter 103, Human Resources Code;(H) a residential child-care facility as defined by Section 42.002, Human Resources Code, at which an elderly person or an adult with a disability resides or is in the facility's care; (I) a provider who provides home and community-based services under the home and community-based services (HCS) waiver program or the Texas home living (TxHmL) waiver program; or(J) a facility that is exempt from licensure under Section 252.003.(4)[As amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 674]
"Facility" means: (A) a facility: (i) licensed by the department; (ii) licensed under Chapter 252; or (iii) licensed under Chapter 555; (B) an adult foster care provider that contracts with the department; (C) a home and community support services agency licensed by the department under Chapter 142; or (D) a prescribed pediatric extended care center licensed under Chapter 248A. (4-a) "Financial management services agency" means an entity that contracts with the department to serve as a fiscal and employer agent for an individual employer using the consumer-directed service option.(4-b) "Individual employer" means an individual or legally authorized representative who participates in the consumer-directed service option and is responsible for hiring providers to deliver program services.(5) "Reportable conduct" includes:(A) abuse or neglect that causes or may cause death or harm to an individual using the consumer-directed service option or a consumer;(B) sexual abuse of an individual using the consumer-directed service option or a consumer;(C) financial exploitation of an individual using the consumer-directed service option or a consumer in an amount of $25 or more; and(D) emotional, verbal, or psychological abuse that causes harm to an individual using the consumer-directed service option or a consumer.Tex. Health and Safety Code § 253.001
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 674,Sec. 4, eff. 9/1/2023.Chapter heading amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 674,Sec. 3, eff. 9/1/2023.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 887,Sec. 9, eff. 9/1/2023.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 363,Sec. 4, eff. 1/1/2014.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 1168,Sec. 4, eff. 9/1/2013.Amended By Acts 2009, 81st Leg., R.S., Ch. 763, Sec. 8, eff. 6/19/2009.Amended By Acts 2009, 81st Leg., R.S., Ch. 284, Sec. 15, eff. 6/11/2009.Amended By Acts 2007, 80th Leg., R.S., Ch. 809, Sec. 21, eff. 9/1/2007.Amended by Acts 2001, 77th Leg., ch. 1267, Sec. 6, eff. 9/1/2001.Added by Acts 1999, 76th Leg., ch. 629, Sec. 2, eff. 9/1/1999.This section is set out more than once due to postponed, multiple, or conflicting amendments.