1 Tex. Admin. Code § 382.105 - Definitions
The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise.
(1) Affiliate--
(A) An individual or entity that has a legal
relationship with another entity, which relationship is created or governed by
at least one written instrument that demonstrates:
(i) common ownership, management, or
control;
(ii) a franchise;
or
(iii) the granting or extension
of a license or other agreement that authorizes the affiliate to use the other
entity's brand name, trademark, service mark, or other registered
identification mark.
(B)
The written instruments referenced in subparagraph (A) of this definition may
include a certificate of formation, a franchise agreement, standards of
affiliation, bylaws, articles of incorporation or a license, but do not include
agreements related to a physician's participation in a physician group
practice, such as a hospital group agreement, staffing agreement, management
agreement, or collaborative practice agreement.
(2) Applicant--An individual applying to
receive services under FPP, including a current client who is applying to
renew.
(3) Budget group--Members of
a household whose needs, income, resources, and expenses are considered in
determining eligibility.
(4)
Client--Any individual seeking assistance from an FPP health-care provider to
meet their family planning goals.
(5) Contraceptive method--Any birth control
option approved by the United States Food and Drug Administration, with the
exception of emergency contraception.
(6) Contractor--An entity that HHSC has
contracted with to provide services. The contractor is the responsible entity,
even if a subcontractor provides the service.
(7) Corporate entity--A foreign or domestic
non-natural person, including a for-profit or nonprofit corporation, a
partnership, or a sole proprietorship.
(8) Covered service--A medical procedure for
which FPP will reimburse a contracted health-care provider.
(9) Elective abortion--The intentional
termination of a pregnancy by an attending physician who knows that the female
is pregnant, using any means that is reasonably likely to cause the death of
the fetus. The term does not include the use of any such means:
(A) to terminate a pregnancy that resulted
from an act of rape or incest;
(B)
in a case in which a female suffers from a physical disorder, physical
disability, or physical illness, including a life-endangering physical
condition caused by or arising from the pregnancy, that would, as certified by
a physician, place the female in danger of death or risk of substantial
impairment of a major bodily function unless an abortion is performed;
or
(C) in a case in which a fetus
has a life-threatening physical condition that, in reasonable medical judgment,
regardless of the provision of life-saving treatment, is incompatible with life
outside the womb.
(10)
Family Planning Program (FPP)--The non-Medicaid program administered by HHSC as
outlined in this subchapter.
(11)
Family Planning Program health-care provider--A health-care provider that is
contracted with HHSC and qualified to perform covered services.
(12) Family planning services--Educational or
comprehensive medical activities that enable individuals to determine freely
the number and spacing of their children and to select the means by which this
may be achieved.
(13) Federal
poverty level--The household income guidelines issued annually and published in
the Federal Register by the United States Department of Health
and Human Services.
(14)
Health-care provider--A physician, physician assistant, nurse practitioner,
clinical nurse specialist, certified nurse midwife, federally qualified health
center, family planning agency, health clinic, ambulatory surgical center,
hospital ambulatory surgical center, laboratory, or rural health
center.
(15) Health clinic--A
corporate entity that provides comprehensive preventive and primary health care
services to outpatient clients, which must include both family planning
services and diagnosis and treatment of both acute and chronic illnesses and
conditions in three or more organ systems. The term does not include a clinic
specializing in family planning services.
(16) HHSC--The Texas Health and Human
Services Commission or its designee.
(17) Medicaid--The Texas Medical Assistance
Program, a joint federal and state program provided for in Texas Human
Resources Code Chapter 32, and subject to Title XIX of the Social Security Act,
42 U.S.C. §
1396 et seq.
(18) Minor--In accordance with the Texas
Family Code, a person under 18 years of age who has never been married and
never been declared an adult by a court (emancipated).
(19) Point of Service--The location where an
individual can receive FPP services.
(20) Third-party resource--A person or
organization, other than HHSC or a person living with the applicant or client,
who may be liable as a source of payment of the applicant's or client's medical
expenses (for example, a health insurance company).
(21) Unintended pregnancy--Pregnancy a female
reports as either mistimed or undesired at the time of conception.
(22) U.S.C.--United States Code.
Notes
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