This section defines several terms used in the subchapter and requires the executive commissioner to adopt by rule definitions for abuse, neglect, exploitation, and an individual receiving services.
Sec. 48.251. DEFINITIONS. (a) In this subchapter: (1) "Behavioral health services" means: (A) mental health services, as defined by Section 531.002, Health and Safety Code; and (B) interventions provided to treat chemical dependency, as defined by Section 461A.002, Health and Safety Code. (1-a) "Commission" means the Health and Human Services Commission, notwithstanding Section 48.0021. (2) "Community center" has the meaning assigned by Section 531.002, Health and Safety Code. (2-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission, notwithstanding Section 48.0021. (3) "Facility" means: (A) a facility listed in Section 532.001(b) or 532A.001(b), Health and Safety Code, as described by those sections, or a person contracting with a health and human services agency to provide inpatient mental health services; (B) a facility licensed under Chapter 252, Health and Safety Code; (C) a residential child-care facility as defined by Section 42.002 at which an elderly person or an adult with a disability resides or is in the facility's care; and (D) a home and community support services agency licensed under Chapter 142, Health and Safety Code. (4) "Health and human services agency" has the meaning assigned by Section 521.0001, Government Code. (5) "Home and community-based services" means services provided in the home or community in accordance with 42 U.S.C. Section 1315, 42 U.S.C. Section 1315a, 42 U.S.C. Section 1396a, or 42 U.S.C. Section 1396n, and as otherwise provided by department rule. (6) "Local intellectual and developmental disability authority" has the meaning assigned by Section 531.002, Health and Safety Code. (7) "Local mental health authority" has the meaning assigned by Section 531.002, Health and Safety Code. (8) "Managed care organization" has the meaning assigned by Section 540.0001, Government Code. (9) "Provider" means: (A) a facility; (B) a community center, local mental health authority, and local intellectual and developmental disability authority; (C) a person who contracts with a health and human services agency or managed care organization to provide home and community-based services; (D) a person who contracts with a Medicaid managed care organization to provide behavioral health services; (E) a managed care organization; (F) an officer, employee, agent, contractor, or subcontractor of a person or entity listed in Paragraphs (A)-(E); and (G) an employee, fiscal agent, case manager, or service coordinator of an individual employer participating in the consumer-directed service option, as defined by Section 546.0101, Government Code. (b) The executive commissioner by rule shall adopt definitions of "abuse," "neglect," "exploitation," and "an individual receiving services" for purposes of this subchapter and investigations conducted under this subchapter. Added by Acts 1999, 76th Leg., ch. 907, Sec. 31, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.280, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.95, eff. April 1, 2025. Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 15, eff. September 1, 2023.