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

1. (1) Case manager--The person who is responsible for case management activities in the CLASS, MDCP, and DBMD Programs.
2. (2) CLASS Program--Community Living Assistance and Support Services Program. A Medicaid waiver program authorized by the Centers for Medicare and Medicaid Services in accordance with §1915(c) of the Social Security Act and operated by DADS under Chapter 45 of this title (relating to Community Living Assistance and Support Services).
3. (3) DADS--The Department of Aging and Disability Services.
4. (4) Day--A calendar day, unless otherwise specified in the text. A calendar day includes Saturday, Sunday, and a national or state holiday listed in Texas Government Code §662.003(a) or (b).
5. (5) DBMD Program--Deaf Blind with Multiple Disabilities Program. A Medicaid waiver program authorized by the Centers for Medicare and Medicaid Services in accordance with §1915(c) of the Social Security Act and operated by DADS under Chapter 42 of this title (relating to Deaf Blind with Multiple Disabilities (DBMD) Program).

6. (6) Facility--Means:

   1. (A) for an individual enrolling in MDCP, a nursing facility; or
   2. (B) for an individual enrolling in the DBMD Program or CLASS Program, a nursing facility or an ICF/IID.
7. (7) GRO--General Residential Operation. As defined in Texas Human Resources Code, §42.002, a child-care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children's homes, halfway houses, residential treatment centers, emergency shelters, and therapeutic camps.
8. (8) HCS Program--Home and Community-based Services Program. A Medicaid waiver program authorized by the Centers for Medicare and Medicaid Services in accordance with §1915(c) of the Social Security Act and operated by DADS under Chapter 9, Subchapter D of this title (relating to Home and Community-based Services (HCS) Program).
9. (9) HCS program provider--A person, as defined in §49.102 of this title (relating to Definitions), that has a contract with DADS to provide HCS program services, excluding a financial management services agency.
10. (10) ICF/IID--Intermediate care facility for individuals with an intellectual disability or related conditions. An ICF/IID is licensed in accordance with Texas Health and Safety Code, Chapter 252, or certified by DADS.
11. (11) Individual--A person for whom DADS authorizes the delivery of TAS.
12. (12) IPC--Individual plan of care.
13. (13) LAR--Legally authorized representative. A person authorized by law to act on behalf of an individual with regard to a particular matter. The term may include a parent, guardian, or managing conservator of a minor, or the guardian of an adult.
14. (14) MDCP--Medically Dependent Children Program. A Medicaid waiver program authorized by the Centers for Medicare and Medicaid Services in accordance with §1915(c) of the Social Security Act and operated by DADS under Chapter 51 of this title (relating to Medically Dependent Children Program).
15. (15) Nursing facility--A facility licensed in accordance with Texas Health and Safety Code, Chapter 242.
16. (16) Relative--A person related to another person within the fourth degree of consanguinity or within the second degree of affinity. A more detailed explanation of this term is included in the Transition Assistance Services Orientation Handbook available on DADS website at http://www.dads.state.tx.us/handbooks/tas/appendix/index.htm.
17. (17) TAS--Transition assistance services.
18. (18) TAS provider--A person, as defined in §49.102 of this title (relating to Definitions), that has a contract with DADS to provide TAS in accordance with Chapter 49 of this title (relating to Contracting for Community Services).
19. (19) Working day--Any day except a Saturday, a Sunday, or a national or state holiday listed in Texas Government Code §662.003(a) or (b).

Source Note:The provisions of this §272.3 adopted to be effective August 31, 2004, 29 TexReg 8381; amended to be effective July 1, 2015, 40 TexReg 2786; transferred effective July 1, 2021, as published in the June 11, 2021 issue of the Texas Register, 46 TexReg 3619.