1. Abuse — The negligent or willful infliction of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical or emotional harm or pain to an elderly or disabled person by the person's caretaker, family member or other individual who has an ongoing relationship with the person, or sexual abuse of an elderly or disabled person, including any involuntary or nonconsensual sexual conduct that would constitute an offense under §21.08, Penal Code indecent exposure or Chapter 22, Penal Code assaultive offenses committed by the person's caretaker, family member or other individual who has an ongoing relationship with the person.
  2. Adult — A person 18 years or older, or an emancipated minor.
  3. Adult day care facility — A facility that provides services under an Adult Day Care Program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility.
  4. Adult day care program — A structured, comprehensive program that is designed to meet the needs of adults with functional impairments through an individual plan of care by providing health, social, and related support services in a protective setting.
  5. Affiliate— With respect to a:
    1. partnership, each partner thereof;
    2. corporation, each officer, director, principal stockholder, and subsidiary; and each person with a disclosable interest;
    3. natural person which includes each:
      1. person's spouse;
      2. partnership and each partner thereof of which said person or any affiliate of said person is a partner; and
      3. corporation in which said person is an officer, director, principal stockholder or person with a disclosable interest.

Ambulatory— Mobility not relying on walker, crutch, cane, other physical object or use of wheelchair.

Applicant— A person applying for a license under Texas Human Resources Code, Chapter 103.

Authorization— A Department of Aging and Disability Services' DADS' employee decision, before services begin and before payment can be made, that Day Activity and Health Services DAHS may be provided to a client.

Caseworker— A DADS employee who is responsible for DAHS case management activities. Activities include eligibility determination, client registration, assessment and reassessment of client's need, service plan development, and intercession on the client's behalf.

Client— A person who receives the services of an adult day care program including a DAHS program.

Construction, existing— See definition of existing building.

Construction, new— Construction begun after April 1, 2007.

Construction, permanent— A building or structure that meets a nationally recognized building code's details for foundations, floors, walls, columns, and roofs.

Contract manager— A DADS employee, designated as the primary contact point between the facility and DADS, who is responsible for the overall management of the DAHS contract.

DADS— The Department of Aging and Disability Services.

DAHS facility— An entity that contracts with DADS to provide day activity and health services.

Day activity and health services DAHS—Day activity and health services provided under a contract with DADS to clients residing in the community.

Days— Calendar days, not workdays, unless otherwise noted in the text.

Department— Department of Aging and Disability Services.

DHS— Formerly, this term referred to the Texas Department of Human Services; it now refers to DADS.

Dietitian consultant — A registered dietitian; a person licensed by the Texas State Board of Examiners of Dietitians; or a person with a baccalaureate degree with major studies in food and nutrition, dietetics, or food service management.

Direct service staff — An employee of a facility who provides direct services to clients, including the director, a licensed nurse, the activities director, and an attendant. An attendant is a person who may provide direct services to clients of the facility such as a facility bus driver, food service worker, aide, janitor, porter, maid, and laundry worker.

Director — The person responsible for the overall operation of a facility.

Elderly person — A person 65 years of age or older.

Existing building— In these standards, except where defined otherwise, a building either occupied as an adult day care facility at the time of initial inspection by DADS or converted to occupancy as an adult day care facility.

Exploitation— An illegal or improper act or process of a caretaker, family member or other individual, who has an ongoing relationship with the elderly person or person with a disability, using the resources of an elderly person or person with a disability for monetary or personal benefit, profit or gain without the informed consent of the elderly person or person with a disability.

Facility— An adult day care facility, unless otherwise specified.

Fence — A barrier to prevent elopement of a client or intrusion by an unauthorized person, consisting of posts, columns, or other support members, and vertical or horizontal members of wood, masonry, or metal.

FM approval — A third-party certification of a product by FM formerly known as Factory Mutual Insurance Company. FM approval provides third-party certification and testing of products acceptable to DADS.

Fraud— A deliberate misrepresentation or intentional concealment of information to receive or to be reimbursed for service delivery to which an individual is not entitled.

Functional impairment— A condition that requires assistance with one or more personal care services including bathing, dressing, preparing meals, feeding, grooming, taking self-administered medication, toileting, and ambulation.

Handicapped person — As used in this chapter, the term "person with disabilities" is used in place of the term "handicapped person" as that term is used in Texas Human Resources Code, Chapter 103.

Health assessment— A plan of care that identifies the specific needs of a client and how those needs will be addressed by a facility.

Health services — Health services include personal care, nursing, and therapy services. Personal care services include services listed under the definition of functional impairment in this section. Nursing services may include the administration of medications; physician-ordered treatments, such as dressing changes; and monitoring the health condition of the individual. Therapy services may include physical, occupational, or speech therapy.

Human services— All of the following major areas constitute human services:

A personal social services day care, counseling, in-home care, protective services;

health services home health, family planning, preventive health programs, nursing home, hospice;

education services all levels of school, Head Start, vocational programs;

housing and urban environment services Section 8, public housing;

income transfer services Temporary Assistance for Needy Families, Food Stamps; and

justice and public safety services parole and probation, rehabilitation. 

Human service program— An intentional, organized, ongoing effort designed to provide good to others. The characteristics of human service programs are that they are:

dependent on public resources and are planned and provided by the community;

directed toward meeting human needs arising from day-to-day socialization, health care, and developmental experiences;

used to aid, rehabilitate or treat those in difficulty or need. 

Income-eligible— An adult who is either a supplemental security income SSI or Temporary Assistance for Needy Families TANF client, but who has an income that is equal to or less than the eligibility level established by the Health and Human Services Commission for DAHS services.

Individual plan of care— A written plan that documents functional impairment and the health, social, and related support needed by an individual. The plan is developed jointly with and approved by the individual or responsible party.

Licensed vocational nurse LVN — A person currently licensed by the Board of Nurse Examiners for the State of Texas who works under the supervision of a registered nurse RN or a physician.

Life Safety Code, NFPA 101 — The Code for Safety to Life from Fire in Buildings and Structures, NFPA 101, a publication of the National Fire Protection Association, Inc. The Life Safety Code, NFPA 101, addresses those construction, protection, and occupancy features necessary to minimize danger to life from fire, including smoke, fumes, or panic. The Life Safety Code, NFPA 101, establishes minimum criteria for the design of egress features so as to permit prompt escape of occupants from buildings or, where desirable, into safe areas within the building.

Long-term care facility— A facility that provides care and treatment or personal care services to four or more unrelated persons, including a nursing facility, an assisted living facility, and a facility serving persons with mental retardation and related conditions.

Management services — Services provided under contract between the owner of a facility and a person to provide for the operation of a facility, including administration, staffing, maintenance or delivery of client services. Management services do not include contracts solely for maintenance, laundry or food services.

Manager— A person having a contractual relationship to provide management services to a facility.

Medicaid-eligible— An individual who is eligible for Medicaid.

Medically related program— A human services program under the human services-health services category in the definition of human services in this section.

Neglect — The failure to provide for oneself the goods or services that are necessary to avoid physical harm, mental anguish or mental illness; or the failure of a caregiver to provide these goods or services.

NFPA — The National Fire Protection Association. NFPA is an organization that develops codes, standards, recommended practices, and guides through a consensus standards development process approved by the American National Standards Institute.

NFPA 10— Standard for Portable Fire Extinguishers. A standard developed by NFPA for the selection, installation, inspection, maintenance, and testing of portable fire extinguishing equipment.

NFPA 13— Standard for the Installation of Sprinkler Systems. A standard developed by NFPA for the minimum requirements for the design and installation of automatic fire sprinkler systems, including the character and adequacy of water supplies and the selection of sprinklers, fittings, pipes, valves, and all maintenance and accessories.

NFPA 70 — National Electrical Code. A code developed by NFPA for the installation of electric conductors and equipment.

NFPA 72 — National Fire Alarm Code. A code developed by NFPA for the application, installation, performance, and maintenance of fire alarm systems and their components.

NFPA 90A— Standard for the Installation of Air Conditioning and Ventilating Systems. A standard developed by NFPA for systems for the movement of environmental air in structures that serve spaces over 25,000 cubic feet or buildings of certain heights and construction types, or both.

NFPA 90B — Standard for the Installation of Warm Air Heating and Air-Conditioning Systems. A standard developed by the NFPA for systems for the movement of environmental air in one- or two-family dwellings and structures that serve spaces not exceeding 25,000 cubic feet.

NFPA 96— Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations. A standard developed by NFPA that provides the minimum fire safety requirements related to the design, installation, operation, inspection, and maintenance of all public and private cooking operations, except for single-family residential usage.

Nurse— A registered nurse RN or a licensed vocational nurse LVN licensed in the state of Texas.

Nursing services— Services provided by licensed nursing personnel, which include observation; promotion and maintenance of health; prevention of illness and disability; management of health care during acute and chronic phases of illness; guidance and counseling of individuals and families; and referral to physicians, other health care providers, and community resources when appropriate.

Person— An individual, corporation or association.

Person with a disclosable interest — A person with a disclosable interest is any person who owns five percent interest in any corporation, partnership or other business entity that is required to be licensed under Texas Human Resources Code, Chapter 103. A person with a disclosable interest does not include a bank, savings and loan, savings bank, trust company, building and loan association, credit union, individual loan and thrift company, investment banking firm, or insurance company unless such entity participates in the management of the facility.

Person with disabilities — A person whose functioning is sufficiently impaired to require frequent medical attention, counseling, physical therapy, therapeutic or corrective equipment, or another person's attendance and supervision.

Physician's orders — An order for DAHS that is signed and dated by a medical doctor MD or doctor of osteopathy DO who is licensed to practice medicine in the state of Texas. The physician's order must include the physician's license number.

Plan of care— See definition of health assessment.

Protective setting— A setting in which an individual's safety is ensured by the physical environment or personnel staff.

Registered nurse RN— A person currently licensed by the Board of Nurse Examiners for the State of Texas to practice professional nursing.

Related support services — Provision of services to the client, family member, or other caregivers that may improve their ability to assist with an individual's independence and functioning. Services include information and referral, transportation, teaching caregiver skills, respite, counseling, instruction and training, and support groups.

Responsible party — Anyone the client designates as his representative.

Safety— Action taken to protect from injury or loss of life due to such conditions as fire, electrical hazard, unsafe building or site conditions, and the presence of hazardous materials.

Sanitation— Action taken to protect from illness, the transmission of disease, or loss of life due to unclean surroundings, the presence of disease transmitting insects or rodents, unhealthful conditions or practices in the preparation of food and beverage, or the care of personal belongings.

Semi-ambulatory— Mobility relying on walker, crutch, cane, other physical object or independent use of wheelchair.

Serious injury— An injury requiring emergency medical intervention or treatment by medical personnel, either at a facility or at an emergency room or medical office.

Social activities— Therapeutic, educational, cultural enrichment, recreational, and social activities on site or in the community in a planned program to meet the social needs and interests of the individual.

UL — Underwriters Laboratories, Inc. UL approval provides third-party certification and testing of products acceptable to DADS.

Working with people — Responsible for the delivery of services to individuals either directly or indirectly. Experience as a manager would meet this definition; however, an administrative support position such as a bookkeeper does not. Experience does not have to be in a paid capacity. A person serving as a minister receiving an expense allowance in money plus free housing qualifies for experience in working with people.