Tex. Human Resources Code Section 48.251
Definitions


(a)

In this subchapter:

(1)

“Behavioral health services” means:

(A)

mental health services, as defined by Section 531.002 (Definitions), Health and Safety Code; and

(B)

interventions provided to treat chemical dependency, as defined by Section 461A.002 (Definitions), Health and Safety Code.

(1-a)

“Commission” means the Health and Human Services Commission, notwithstanding Section 48.0021 (Reference to Commission or Executive Commissioner).

(2)

“Community center” has the meaning assigned by Section 531.002 (Definitions), Health and Safety Code.

(2-a)

“Executive commissioner” means the executive commissioner of the Health and Human Services Commission, notwithstanding Section 48.0021 (Reference to Commission or Executive Commissioner).

(3)

“Facility” means:

(A)

a facility listed in Section 532.001 (Definitions; Mental Health Components of Department)(b) or 532A.001 (Definitions; Intellectual Disability Components of Department)(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 (Intermediate Care Facilities for Individuals with an Intellectual Disability), Health and Safety Code;

(C)

a residential child-care facility as defined by Section 42.002 (Definitions) 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 (Home and Community Support Services), Health and Safety Code.

(4)

“Health and human services agency” has the meaning assigned by Section 531.001 (Definitions), Government Code.

(4)

“Health and human services agency” has the meaning assigned by Section 521.0001 (Definitions), 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 (Definitions), Health and Safety Code.

(7)

“Local mental health authority” has the meaning assigned by Section 531.002 (Definitions), Health and Safety Code.

(8)

“Managed care organization” has the meaning assigned by Section 533.001 (Definitions), Government Code.

(8)

“Managed care organization” has the meaning assigned by Section 540.0001 (Definitions), 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 531.051 (Consumer Direction of Certain Services for Persons with Disabilities and Elderly Persons), 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 (Definitions), 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.

Source: Section 48.251 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­48.­htm#48.­251 (accessed Apr. 13, 2024).

48.001
Purpose
48.002
Definitions
48.003
Investigations in Nursing Facilities, Assisted Living Facilities, and Similar Facilities
48.004
Risk Assessment
48.005
Maintenance of Records
48.006
Community Satisfaction Survey
48.007
Memorandum of Understanding Regarding Certain Abuse, Neglect, or Exploitation Investigations
48.0021
Reference to Commission or Executive Commissioner
48.051
Report
48.052
Failure to Report
48.053
False Report
48.054
Immunity
48.101
Confidentiality and Disclosure of Information
48.102
Reports of Investigations in Schools
48.103
Notification of Licensing or Contracting Agency
48.151
Action on Report
48.152
Investigation
48.153
Access to Investigation
48.154
Access to Records or Documents
48.155
Interference with Investigation or Services Prohibited
48.156
Agency Reports
48.159
Internal Review of Department Investigation
48.201
Application of Subchapter
48.202
Service Determination by Department or Agency
48.203
Voluntary Protective Services
48.204
Agency Powers
48.205
Provision of Services
48.206
Cost of Services
48.207
Objection to Medical Treatment
48.208
Emergency Order for Protective Services
48.209
Referral for Guardianship Services
48.210
Representation
48.211
Report to Guardianship Court
48.251
Definitions
48.252
Investigation of Reports of Abuse, Neglect, or Exploitation by Provider
48.253
Action on Report
48.254
Forwarding of Certain Reports
48.255
Rules for Investigations Under This Subchapter
48.256
Sharing Provider Information
48.257
Retaliation Prohibited
48.258
Tracking System for Reports and Investigations
48.301
Investigation of Reports in Other State Facilities
48.302
Approval of Rules
48.303
Memorandum of Understanding
48.304
Statistics
48.401
Definitions
48.402
Rules Relating to Reportable Conduct
48.403
Finding
48.404
Notice of Finding
48.405
Hearing
48.406
Notice
48.407
Informal Proceedings
48.408
Information for the Employee Misconduct Registry
48.1521
Investigation of Complex Cases
48.1522
Reports of Criminal Conduct to Law Enforcement Agency
48.1523
Management Review Following Certain Investigations
48.2535
Forwarding Certain Reports of Criminal Conduct to Law Enforcement

Accessed:
Apr. 13, 2024

§ 48.251’s source at texas​.gov