Section 359.5 - DefinitionsThe following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise.
(1) Allowable costs--Expenses relating to case management services that are reasonable and necessary in the normal conduct of operations.(2) Blind--A visual loss that results in the best corrected visual acuity of 20/200 or less in the better eye, or a visual loss that results in a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees, which means a field of view no greater than 20 degrees in the better eye.(3) Case management--Assisting an eligible child under this subchapter in gaining access to medical, social, educational, vocational, and other appropriate services to help the child reach or maintain an optimal level of functioning in a community-based setting.(4) Case management bundled monthly rate--A prospective rate based on the average monthly cost of providing case management services for an eligible child under this subchapter.(5) Case note--A record of significant interactions in the provision of services. Case notes should document: (A) the place of service;(B) who was present when the service was provided;(C) the BCVDD Program Specialist's participation in the provision of services;(D) the relationship of the services provided to the child's plan of care/identified needs;(E) a summary of the child's response to services provided and observations of skills assessed;(F) impact of the identified need on the consumer; and(G) the plan for services to meet the identified needs or account of follow-up on services delivered.(6) Comparable services and benefits--Any service, benefit, or resource available to a child from another public or private source that provides in whole or in part the services that the child would otherwise receive from DARS DBS.(7) Comprehensive Assessment--An assessment, completed by the BCVDD Program specialist, for each consumer, in order to identify and describe the consumer's and family's needs.(8) Consumer--A child and/or family of a child with a visual impairment who has applied for, or who is receiving BCVDD Program services.(9) Contact--An action taken by a BCVDD Program specialist on behalf of an eligible child under this subchapter to locate, coordinate, and monitor necessary and appropriate services with a specific person or organization. A contact may be face-to-face or by telephone.(10) Core Service Areas--Service areas that all consumers need to master in order to successfully achieve personal and vocational goals, including: Adjustment to Blindness, Independent Living skills, Travel skills, Communication skills, Support Services, and Vocational Discovery and Development.(11) Deafblind--A combined loss of vision and hearing that significantly affects access to communication, learning, socialization, activities of daily living, and mobility.(12) Developmental services--Services that increase the capabilities and functional abilities of a child in a noneducational setting.(13) Educational support services--Services that help a child gain the maximum benefit from educational services provided by others.(14) Family service plan--A formal plan that is responsive to the child's needs; is developed and approved by the BCVDD Program specialist, family, and/or child; and contains a description of the child's planned services, agreements between the parent and DARS DBS, and other information necessary to administer the provisions of this subchapter.(15) Federal poverty guidelines--The poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. §9902(2).(16) Habilitation services--Services that develop a severely visually impaired child's skills for independent living and potential employment.(17) Nonsevere visual loss--A visual acuity in which one eye meets the definition of blind or severe visual loss and the acuity in the other eye with best correction is better than 20/70, or the visual acuity in both eyes with best correction is better than 20/70.(18) Parent--The child's natural or adoptive parent; or the spouse of the child's natural or adoptive parent; or the child's guardian or surrogate parent; or the spouse of the guardian or surrogate parent; or a person or spouse of the person who is acting as the child's parent. The person who is authorized to sign the application and plan, and who is authorized to make decisions regarding the child's services.(19) Permanent severely visually impaired child--A child with a visual impairment that has resulted in a permanent condition of blindness or severe visual loss; or a child who has been certified as blind or severely visually impaired by a local education agency; or a child who has been determined to be functioning as a person who is blind or who has a severe visual loss.(20) Referral--A child who has been referred to the BCVDD Program for services but for whom an application has not been completed.(21) Restoration services--Services to eliminate or reduce limitations imposed by a visual impairment on the functioning of a child and cosmetic services necessary to improve the physical appearance of the child's eyes when the eyes are abnormal to the extent that they negatively affect the child's social and emotional well-being.(22) Severe visual loss--A loss of vision in which the best corrected visual acuity is between 20/70 and 20/200 in the better eye; or a visual loss in which the visual field is 30 degrees or less but greater than 20 degrees with best correction.(23) Technology services--Services to provide a child access to an item, piece of equipment, or product system that maintains or improves the child's communication, independent living, social skills, or prevocational skills.(24) Visual impairment--An injury, disease, or other disorder that reduces, or if not treated will probably result in reducing, visual functioning; or a visual condition requiring cosmetic treatment, psychological assistance, counseling, or other assistance that DARS DBS can render.26 Tex. Admin. Code § 359.5
Adopted to be effective June 13, 2013, 38 TexReg 3810; Entire subchapter transferred from T. 40, Pt. 2, Ch. 106. Subch. I by Texas Register, Volume 47, Number 01, January 7, 2022, TexReg 0035, eff. 2/1/2022