Tex. Health & Safety Code § 253.001

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
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.