26 Tex. Admin. Code § 278.1

Current through Reg. 49, No. 45; November 8, 2024

Section 278.1 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Adult--A person who is 18 years of age or older.

(2) Applicant--A Texas resident interested in receiving benefits through the IH/FSP.

(3) Calendar day--Any day, including weekends and holidays.

(4) Case manager--A DADS employee who is responsible for case management activities for an individual, including eligibility determination, enrollment, assessment and reassessment of the individual's need, service plan development, and intercession on the individual's behalf.

(5) Disability--A physical impairment that:

(A) is likely to continue indefinitely;

(B) results in substantial functional limitations in one or more of the following areas of major life activity as defined on the Disabilities Screening Instrument:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility;

(v) self-direction; or

(vi) capacity for independent living; and

(C) reflects the person's need for treatment or services that are lifelong or of extended duration.

(6) Disabilities Screening Instrument--A DADS form used to determine the disability and the type and severity of functional limitations experienced by an applicant or individual.

(7) Household--Includes:

(A) the following people listed on an applicant's Internal Revenue Service (IRS) income tax return:

(i) the applicant;

(ii) the spouse of the applicant if they file jointly; and

(iii) all dependents; or

(B) the following people listed on the applicant's parent's or legal guardian's IRS income tax return:

(i) the applicant;

(ii) the parent or legal guardian of the applicant; and

(iii) all dependents.

(8) IH/FSP--In-Home and Family Support Program.

(9) IH/FSP interest list--A community care interest list, maintained in accordance with § 48.1302 of this chapter (relating to Community Care Interest Lists) for the IH/FSP.

(10) Individual--A person receiving benefits through the IH/FSP. Individual in this subchapter may also be referred to as a client or a consumer.

(11) Legal guardian--A person appointed by a court to make decisions and act on behalf of an individual.

(12) Responsible party--A person who is:

(A) an applicant's or individual's natural or surrogate parent or legal guardian; or

(B) anyone an adult applicant or individual designates as the applicant's or individual's representative with regard to a matter described in this subchapter.

(13) Service Plan--A plan, documented on a DADS form, that includes DADS-approved items or services that will meet an individual's care needs in a community-based setting.

26 Tex. Admin. Code § 278.1

Transferred from 40 TAC § 48.2701 Texas Register, Volume 49, Number 23, June 7, 2024, TexReg 4061, eff. 6/28/2024