This section defines terms used in the subchapter, including consumer, consumer direction model, consumer-directed service option, designated representative, legally authorized representative, and service responsibility option.
Sec. 546.0101. DEFINITIONS. In this subchapter: (1) "Consumer" means an individual who receives services through a consumer direction model the commission establishes under this subchapter. (2) "Consumer direction model" means a service delivery model under which a consumer or the consumer's legally authorized representative exercises control over the development and implementation of the consumer's individual service plan or over the persons delivering the services directly to the consumer. The term includes the consumer-directed service option, the service responsibility option, and other types of service delivery models the commission develops under this subchapter. (3) "Consumer-directed service option" means a type of consumer direction model in which: (A) a consumer or the consumer's legally authorized representative, as the employer, exercises control over: (i) recruiting, hiring, managing, or dismissing persons providing services directly to the consumer; or (ii) retaining contractors or vendors for other authorized program services; and (B) the consumer-directed services agency serves as fiscal agent and performs employer-related administrative functions for the consumer or the consumer's legally authorized representative, including payroll and filing tax and related reports. (4) "Designated representative" means an adult volunteer appointed by a consumer or the consumer's legally authorized representative, as an employer, to perform all or part of the consumer's or the representative's duties as employer as approved by the consumer or the representative. (5) "Legally authorized representative": (A) means: (i) a parent or legal guardian if the individual is a minor; (ii) a legal guardian if the individual has been adjudicated as incapacitated to manage the individual's personal affairs; or (iii) any other person authorized or required by law to act on the individual's behalf with regard to the individual's care; and (B) does not include a designated representative. (6) "Service responsibility option" means a type of consumer direction model in which: (A) a consumer or the consumer's legally authorized representative participates in selecting, training, and managing persons providing services directly to the consumer; and (B) the provider agency, as the employer, performs employer-related administrative functions for the consumer or the consumer's legally authorized representative, including hiring and dismissing persons providing services directly to the consumer. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.