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42 U.S.C. § 3002 — Definitions

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42 U.S.C. § 3002 — Definitions

For the purposes of this chapter— (1) The term “abuse” means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm. (2) The term “Administration” means the Administration on Aging. (3) The term “adult protective services” means such services provided to adults as the Secretary may specify and includes services such as— (A) receiving reports of adult abuse, neglect, or exploitation; (B) investigating the reports described in subparagraph (A); (C) case planning, monitoring, evaluation, and other casework and services; and (D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. (4) The term “Aging and Disability Resource Center” means an entity, network, or consortium established by a State as part of the State system of long-term care, to provide a coordinated and integrated system for older individuals and individuals with disabilities (as defined in [section 12102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim)), and the caregivers of older individuals and individuals with disabilities, that provides, in collaboration with (as appropriate) area agencies on aging, centers for independent living (as described in part C of chapter 1 of title VII of the Rehabilitation Act of 1973 ([29 U.S.C. 796f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796f&num=0&edition=prelim) et seq.)), and other aging or disability entities— (A) comprehensive information on the full range of available public and privat

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Source location: Title 42, Chapter 35, § 3002; chapter-035-programs-for-older-americans.md

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For the purposes of this chapter— (1) The term “abuse” means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm. (2) The term “Administration” means the Administration on Aging. (3) The term “adult protective services” means such services provided to adults as the Secretary may specify and includes services such as— (A) receiving reports of adult abuse, neglect, or exploitation; (B) investigating the reports described in subparagraph (A); (C) case planning, monitoring, evaluation, and other casework and services; and (D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. (4) The term “Aging and Disability Resource Center” means an entity, network, or consortium established by a State as part of the State system of long-term care, to provide a coordinated and integrated system for older individuals and individuals with disabilities (as defined in [section 12102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim)), and the caregivers of older individuals and individuals with disabilities, that provides, in collaboration with (as appropriate) area agencies on aging, centers for independent living (as described in part C of chapter 1 of title VII of the Rehabilitation Act of 1973 ([29 U.S.C. 796f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796f&num=0&edition=prelim) et seq.)), and other aging or disability entities— (A) comprehensive information on the full range of available public and private long-term care programs, options, service providers, and resources within a community, including information on the availability of integrated long-term care services, and Federal or State programs that provide long-term care services and supports through home and community-based service programs; (B) person-centered counseling to assist individuals in assessing their existing or anticipated long-term care needs and goals, and developing and implementing a person-centered plan for long-term services, supports, and care that is consistent with the desires and choices of such an individual and designed to meet the individual’s specific needs, goals, and circumstances; (C) access for individuals to the full range of publicly-supported long-term care services and supports for which the individuals may be eligible, including home and community-based service options, by serving as a convenient point of entry for such programs and supports; and (D) in cooperation with area agencies on aging, centers for independent living described in part C of chapter 1 of title VII of the Rehabilitation Act of 1973, and other community-based entities, including other aging or disability entities, information and referrals regarding available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to remain in or to return to the community. (5) The term “aging network” means the network of— (A) State agencies, area agencies on aging, title VI [subchapter X of this chapter] grantees, and the Administration; and (B) organizations that— (i) (I) are providers of direct services to older individuals; or (II) are institutions of higher education; and (ii) receive funding under this chapter. (6) The term “area agency on aging” means an area agency on aging designated under [section 3025(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3025/a/2/A&num=0&edition=prelim) or a State agency performing the functions of an area agency on aging under [section 3025(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3025/b/5&num=0&edition=prelim). (7) The term “Assistant Secretary” means the Assistant Secretary for Aging. (8) (A) The term “assistive device” includes an assistive technology device. (B) The terms “assistive technology”, “assistive technology device”, and “assistive technology service” have the meanings given such terms in [section 3002 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3002&num=0&edition=prelim). (C) The term “State assistive technology entity” means the agency, office, or other entity designated under subsection (c)(1) of [section 3003 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3003&num=0&edition=prelim) to carry out State activities under such section. (9) The term “at risk for institutional placement” means, with respect to an older individual, that such individual is unable to perform at least 2 activities of daily living without substantial assistance (including verbal reminding, physical cuing, or supervision) and is determined by the State involved to be in need of placement in a long-term care facility. (10) The term “board and care facility” means an institution regulated by a State pursuant to [section 1382e(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382e/e&num=0&edition=prelim). (11) The term “case management service”— (A) means a service provided to an older individual, at the direction of the older individual or a family member of the individual— (i) by an individual who is trained or experienced in the case management skills that are required to deliver the services and coordination described in subparagraph (B); and (ii) to assess the needs, and to arrange, coordinate, and monitor an optimum package of services to meet the needs, of the older individual; and (B) includes services and coordination such as— (i) comprehensive assessment of the older individual (including the physical, psychological, and social needs of the individual); (ii) development and implementation of a service plan with the older individual to mobilize the formal and informal resources and services identified in the assessment to meet the needs of the older individual, including coordination of the resources and services— (I) with any other plans that exist for various formal services, such as hospital discharge plans; and (II) with the information and assistance services provided under this chapter; (iii) coordination and monitoring of formal and informal service delivery, including coordination and monitoring to ensure that services specified in the plan are being provided; (iv) periodic reassessment and revision of the status of the older individual with— (I) the older individual; or (II) if necessary, a primary caregiver or family member of the older individual; and (v) in accordance with the wishes of the older individual, advocacy on behalf of the older individual for needed services or resources. (12) The term “civic engagement” means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need. (13) The term “disability” means (except when such term is used in the phrase “severe disability”, “developmental disabilities”, “physical or mental disability”, “physical and mental disabilities”, or “physical disabilities”) a disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that results in substantial functional limitations in 1 or more of the following areas of major life activity: (A) self-care, (B) receptive and expressive language, (C) learning, (D) mobility, (E) self-direction, (F) capacity for independent living, (G) economic self-sufficiency, (H) cognitive functioning, and (I) emotional adjustment. (14) The term “disease prevention and health promotion services” means— (A) health risk assessments; (B) routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision, hearing, diabetes, bone density, oral health, immunization status, and nutrition screening (including screening for malnutrition); (C) nutritional counseling and educational services for individuals and their primary caregivers; (D) evidence-based health promotion programs, including programs related to the prevention and mitigation of the effects of chronic disease (including osteoporosis, hypertension, obesity, diabetes, and cardiovascular disease), infectious disease, and vaccine-preventable disease, prevention of sexually transmitted diseases, as well as alcohol and substance abuse reduction, chronic pain management, smoking cessation, weight loss and control, stress management, falls prevention, physical activity, and improved nutrition; (E) programs regarding physical fitness, group exercise, and music therapy, art therapy, and dance-movement therapy, including programs for multigenerational participation that are provided by— (i) an institution of higher education; (ii) a local educational agency, as defined in section 8801 11 See References in Text note below. of title 20; or (iii) a community-based organization; (F) home injury control services, including screening of high-risk home environments and provision of educational programs on injury prevention (including fall and fracture prevention) in the home environment; (G) screening for the prevention of depression and screening for suicide risk, coordination of community mental and behavioral health services, provision of educational activities, and referral to psychiatric and psychological services; (H) screening for fall-related traumatic brain injury and other fall-related injuries, coordination of treatment, rehabilitation and related services, and referral services related to such injury or injuries; (I) educational programs on the availability, benefits, and appropriate use of preventive health services covered under title XVIII of the Social Security Act ([42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.); (J) medication management screening and education to prevent incorrect medication and adverse drug reactions; (K) information concerning diagnosis, prevention, treatment, and rehabilitation concerning age-related diseases and chronic disabling conditions, including osteoporosis, cardiovascular diseases, diabetes, and Alzheimer’s disease and related disorders with neurological and organic brain dysfunction; (L) services that are a part of responses to a public health emergency or emerging health threat; (M) gerontological counseling; (N) screening for the prevention of negative health effects associated with social isolation and coordination of supportive services and health care to address negative health effects associated with social isolation; and (O) counseling regarding social services and followup health services based on any of the services described in subparagraphs (A) through (N). The term shall not include services for which payment may be made under titles XVIII and XIX of the Social Security Act ([42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq.). (15) The term “elder abuse” means abuse of an older individual. (16) The term “elder abuse, neglect, and exploitation” means abuse, neglect, and exploitation, of an older individual. (17) The term “elder justice” means— (A) from a societal perspective, efforts to— (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect older individuals with diminished capacity while maximizing their autonomy; and (B) from an individual perspective, the recognition of an older individual’s rights, including the right to be free of abuse, neglect, and exploitation. (18) (A) The terms “exploitation” and “financial exploitation” mean the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an older individual for monetary or personal benefit, profit, or gain, or that results in depriving an older individual of rightful access to, or use of, benefits, resources, belongings, or assets. (B) In subparagraph (A), the term “caregiver” means an individual who has the responsibility for the care of an older individual, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law and means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an older individual. (19) The term “family violence” has the same meaning given the term in the Family Violence Prevention and Services Act [[42 U.S.C. 10401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10401&num=0&edition=prelim) et seq.]. (20) The term “fiduciary”— (A) means a person or entity with the legal responsibility— (i) to make decisions on behalf of and for the benefit of another person; and (ii) to act in good faith and with fairness; and (B) includes a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee. (21) The term “focal point” means a facility established to encourage the maximum collocation and coordination of services for older individuals. (22) The term “frail” means, with respect to an older individual in a State, that the older individual is determined to be functionally impaired because the individual— (A) (i) is unable to perform at least two activities of daily living without substantial human assistance, including verbal reminding, physical cueing, or supervision; or (ii) at the option of the State, is unable to perform at least three such activities without such assistance; or (B) due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual. (23) The term “greatest economic need” means the need resulting from an income level at or below the poverty line. (24) The term “greatest social need” means the need caused by noneconomic factors, which include— (A) physical and mental disabilities; (B) language barriers; and (C) cultural, social, or geographical isolation, including isolation caused by racial or ethnic status, that— (i) restricts the ability of an individual to perform normal daily tasks; or (ii) threatens the capacity of the individual to live independently. (25) The term “Hispanic-serving institution” has the meaning given the term in [section 1101a of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1101a&num=0&edition=prelim). (26) The term “Indian” means a person who is a member of an Indian tribe. (27) Except for the purposes of subchapter X of this chapter, the term “Indian tribe” means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (Public Law 92–203; 85 Stat. 688) [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.]) which (A) is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or (B) is located on, or in proximity to, a Federal or State reservation or rancheria. (28) The term “information and assistance service” means a service for older individuals that— (A) provides the individuals with current information on opportunities and services available to the individuals within their communities, including information relating to assistive technology; (B) assesses the problems and capacities of the individuals; (C) links the individuals to the opportunities and services that are available; (D) to the maximum extent practicable, ensures that the individuals receive the services needed by the individuals, and are aware of the opportunities available to the individuals, by establishing adequate followup procedures; and (E) serves the entire community of older individuals, particularly— (i) older individuals with greatest social need; (ii) older individuals with greatest economic need; and (iii) older individuals at risk for institutional placement. (29) The term “information and referral” includes information relating to assistive technology. (30) The term “in-home services” includes— (A) services of homemakers and home health aides; (B) visiting and telephone reassurance; (C) chore maintenance; (D) in-home respite care for families, and adult day care as a respite service for families; (E) minor modification of homes that is necessary to facilitate the ability of older individuals to remain at home and that is not available under another program (other than a program carried out under this chapter); (F) personal care services; and (G) other in-home services as defined— (i) by the State agency in the State plan submitted in accordance with [section 3027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3027&num=0&edition=prelim); and (ii) by the area agency on aging in the area plan submitted in accordance with [section 3026 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3026&num=0&edition=prelim). (31) The term “institution of higher education” has the meaning given the term in [section 1001 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim). (32) The term “integrated long-term care”— (A) means items and services that consist of— (i) with respect to long-term care— (I) long-term care items or services provided under a State plan for medical assistance under the Medicaid program established under title XIX of the Social Security Act ([42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.), including nursing facility services, home and community-based services, personal care services, and case management services provided under the plan; and (II) any other supports, items, or services that are available under any federally funded long-term care program; and (ii) with respect to other health care, items and services covered under— (I) the Medicare program established under title XVIII of the Social Security Act ([42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.); (II) the State plan for medical assistance under the Medicaid program; or (III) any other federally funded health care program; and (B) includes items or services described in subparagraph (A) that are provided under a public or private managed care plan or through any other service provider. (33) The term “legal assistance”— (A) means legal advice and representation provided by an attorney to older individuals with economic or social needs; and (B) includes— (i) to the extent feasible, counseling or other appropriate assistance by a paralegal or law student under the direct supervision of an attorney; and (ii) counseling or representation by a nonlawyer where permitted by law. (34) The term “long-term care” means any service, care, or item (including an assistive device), including a disease prevention and health promotion service, an in-home service, and a case management service— (A) intended to assist individuals in coping with, and to the extent practicable compensate for, a functional impairment in carrying out activities of daily living; (B) furnished at home, in a community care setting (including a small community care setting as defined in subsection (g)(1), and a large community care setting as defined in subsection (h)(1), of section 1929 of the Social Security Act ([42 U.S.C. 1396t](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396t&num=0&edition=prelim))), or in a long-term care facility; and (C) not furnished to prevent, diagnose, treat, or cure a medical disease or condition. (35) The term “long-term care facility” means— (A) any skilled nursing facility, as defined in section 1819(a) of the Social Security Act ([42 U.S.C. 1395i–3(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395i–3/a&num=0&edition=prelim)); (B) any nursing facility, as defined in section 1919(a) of the Social Security Act ([42 U.S.C. 1396r(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r/a&num=0&edition=prelim)); (C) a board and care facility; and (D) any other adult care home, including an assisted living facility, similar to a facility or institution described in subparagraphs (A) through (C). (36) The term “multipurpose senior center” means a community facility for the organization and provision of a broad spectrum of services, which shall include provision of health (including mental and behavioral health), social, nutritional, and educational services and the provision of facilities for recreational activities for older individuals. (37) The term “Native American” means— (A) an Indian as defined in paragraph (26); and (B) a Native Hawaiian, as defined in [section 3057k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3057k&num=0&edition=prelim). (38) The term “neglect” means— (A) the failure of a caregiver (as defined in paragraph (18)(B)) or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an older individual; or (B) self-neglect. (39) The term “nonprofit” as applied to any agency, institution, or organization means an agency, institution, or organization which is, or is owned and operated by, one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (40) The term “older individual” means an individual who is 60 years of age or older. (41) The term “person-centered, trauma-informed”, with respect to services, means services provided through an aging program that— (A) use a holistic approach to providing services or care; (B) promote the dignity, strength, and empowerment of victims of trauma; and (C) incorporate evidence-based practices based on knowledge about the role of trauma in trauma victims’ lives. (42) The term “physical harm” means bodily injury, impairment, or disease. (43) The term “planning and service area” means an area designated by a State agency under [section 3025(a)(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3025/a/1/E&num=0&edition=prelim), including a single planning and service area described in [section 3025(b)(5)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3025/b/5/A&num=0&edition=prelim). (44) The term “poverty line” means the official poverty line (as defined by the Office of Management and Budget, and adjusted by the Secretary in accordance with [section 9902(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9902/2&num=0&edition=prelim).22 So in original. A closing parenthesis probably should follow “this title”. (45) The term “representative payee” means a person who is appointed by a governmental entity to receive, on behalf of an older individual who is unable to manage funds by reason of a physical or mental incapacity, any funds owed to such individual by such entity. (46) The term “Secretary” means the Secretary of Health and Human Services, except that for purposes of subchapter IX such term means the Secretary of Labor. (47) The term “self-directed care” means an approach to providing services (including programs, benefits, supports, and technology) under this chapter intended to assist an individual with activities of daily living, in which— (A) such services (including the amount, duration, scope, provider, and location of such services) are planned, budgeted, and purchased under the direction and control of such individual; (B) such individual is provided with such information and assistance as are necessary and appropriate to enable such individual to make informed decisions about the individual’s care options; (C) the needs, capabilities, and preferences of such individual with respect to such services, and such individual’s ability to direct and control the individual’s receipt of such services, are assessed by the area agency on aging (or other agency designated by the area agency on aging) involved; (D) based on the assessment made under subparagraph (C), the area agency on aging (or other agency designated by the area agency on aging) develops together with such individual and the individual’s family, caregiver (as defined in paragraph (18)(B)), or legal representative— (i) a plan of services for such individual that specifies which services such individual will be responsible for directing; (ii) a determination of the role of family members (and others whose participation is sought by such individual) in providing services under such plan; and (iii) a budget for such services; and (E) the area agency on aging or State agency provides for oversight of such individual’s self-directed receipt of services, including steps to ensure the quality of services provided and the appropriate use of funds under this chapter. (48) The term “self-neglect” means an adult’s inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including— (A) obtaining essential food, clothing, shelter, and medical care; (B) obtaining goods and services necessary to maintain physical health, mental and behavioral health, or general safety; or (C) managing one’s own financial affairs. (49) The term “severe disability” means a severe, chronic disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that— (A) is likely to continue indefinitely; and (B) results in substantial functional limitation in 3 or more of the major life activities specified in subparagraphs (A) through (G) of paragraph (8).33 So in original. Probably should refer to paragraph (13). (50) The term “sexual assault” has the meaning given the term in [section 10447 of title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10447&num=0&edition=prelim).1 (51) The term “State” means any of the several States, the District of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (52) The term “State agency” means the agency designated under [section 3025(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3025/a/1&num=0&edition=prelim). (53) The term “State system of long-term care” means the Federal, State, and local programs and activities administered by a State that provide, support, or facilitate access to long-term care for individuals in such State. (54) The term “supportive service” means a service described in [section 3030d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3030d/a&num=0&edition=prelim). (55) The term “traumatic brain injury” has the meaning given such term in [section 280b–1c(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section280b–1c/d&num=0&edition=prelim). (56) Except for the purposes of subchapter X of this chapter, the term “tribal organization” means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body. In any case in which a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 796f — Eligibility

An individual, including a youth with a disability, shall be eligible under this subchapter to receive supported employment services authorized under this chapter if— (1) the individual is eligible for vocational rehabilitation services under subchapter I; (2) the individual is determined to be an individual with a most significant disability; (3) for purposes of activities carried out with funds described in [section 795h(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section795h/d&num=0&edition=prelim), the individual is a youth with a disability, as defined in [section 705(42) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section705/42&num=0&edition=prelim); 11 See References in Text note below. and (4) a comprehensive assessment of the rehabilitation needs of the individual described in [section 705(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section705/2/B&num=0&edition=prelim), including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate employment outcome for the individual.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 796f

Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 796f. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 796f — Program authorization

§ 796f. Program authorization (a) In general From the funds appropriated for fiscal year 2015 and for each subsequent fiscal year to carry out this subpart, the Administrator shall make available such sums as may be necessary to States, centers for independent living, and other entities in accordance with subsections (b) through (d). (b) Training (1) Grants; contracts; cooperative agreements From the funds appropriated to carry out this subpart for any fiscal year, beginning with fiscal year 2015, the Administrator shall first reserve not less than 1.8 percent and not more than 2 percent of the funds, to provide training and technical assistance to centers for independent living and eligible agencies for such fiscal year. (2) Allocation From the funds reserved under paragraph (1), the Administrator shall make grants to, or enter into contracts or cooperative agree- ments with, entities that have experience in the operation of centers for independent living to provide such training and technical assist- ance with respect to fiscal management of,1 planning, developing, conducting, admin- istering, and evaluating centers for inde- pendent living. (3) Funding priorities The Administrator shall conduct a survey of centers for independent living regarding train- ing and technical assistance needs in order to determine funding priorities for such grants, contracts, and other arrangements. (4) Review To be eligible to receive a grant or enter into a contract or cooperative agreement under this subsection, such an entity shall submit an application to the Administrator at such time, in such manner, and containing a proposal to provide such training and tech- nical assistance, and containing such addi- tional information as the Administrat

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 796f

Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 796f. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10401 — Short title; purpose

**(a) Short title** This chapter may be cited as the “Family Violence Prevention and Services Act”. **(b) Purpose** It is the purpose of this chapter to— (1) assist States and Indian tribes in efforts to increase public awareness about, and primary and secondary prevention of, family violence, domestic violence, and dating violence; (2) assist States and Indian tribes in efforts to provide immediate shelter and supportive services for victims of family violence, domestic violence, or dating violence, and their dependents; (3) provide for a national domestic violence hotline; (4) provide for technical assistance and training relating to family violence, domestic violence, and dating violence programs to States and Indian tribes, local public agencies (including law enforcement agencies, courts, and legal, social service, and health care professionals in public agencies), nonprofit private organizations (including faith-based and charitable organizations, community-based organizations, and voluntary associations), tribal organizations, and other persons seeking such assistance and training.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10401

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 10401. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10401 — Short title; purpose

§ 10401. Short title; purpose (a) Short title This chapter may be cited as the ‘‘Family Vio- lence Prevention and Services Act’’. (b) Purpose It is the purpose of this chapter to— (1) assist States and Indian tribes in efforts to increase public awareness about, and pri- mary and secondary prevention of, family vio- lence, domestic violence, and dating violence; (2) assist States and Indian tribes in efforts to provide immediate shelter and supportive services for victims of family violence, domes- tic violence, or dating violence, and their de- pendents; (3) provide for a national domestic violence hotline; (4) provide for technical assistance and training relating to family violence, domestic violence, and dating violence programs to States and Indian tribes, local public agencies (including law enforcement agencies, courts, and legal, social service, and health care pro- fessionals in public agencies), nonprofit pri- vate organizations (including faith-based and charitable organizations, community-based or- ganizations, and voluntary associations), trib- al organizations, and other persons seeking such assistance and training. (Pub. L. 98–457, title III, § 301, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3484.) Editorial Notes PRIOR PROVISIONS A prior section 10401, Pub. L. 98–457, title III, § 302, Oct. 9, 1984, 98 Stat. 1757; Pub. L. 102–295, title III, § 302, May 28, 1992, 106 Stat. 201; Pub. L. 108–36, title IV, § 415(1), June 25, 2003, 117 Stat. 830, related to declara- tion of purpose, prior to the general amendment of this chapter by Pub. L. 111–320. See subsec. (b) of this sec- tion. Page 8054 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10402 A prior section 301 of Pub. L. 98–457, title III, Oct. 9, 1984, 98

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10401

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 10401. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Conditions of participation for home health agencies; home health quality

**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows: (1) The agency protects and promotes the rights of each individual under its care, including each of the following rights: (A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment. (B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances. (C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title. (D) The right to have one’s property treated with respect. (E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of— (i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter, (ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware, (iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Prohibition against any Federal inter-

§ 1395. Prohibition against any Federal inter- ference Nothing in this subchapter shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selec- tion, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any su- pervision or control over the administration or operation of any such institution, agency, or person. (Aug. 14, 1935, ch. 531, title XVIII, § 1801, as added Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79 Stat. 291.) Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title I of Pub. L. 89–97, which en- acted this subchapter as the ‘‘Health Insurance for the Aged Act’’, see section 100 of Pub. L. 89–97, set out as a Short Title of 1965 Amendment note under section 1305 of this title. PROTECTING AND IMPROVING GUARANTEED MEDICARE BENEFITS Pub. L. 111–148, title III, § 3601, Mar. 23, 2010, 124 Stat. 538, provided that: ‘‘(a) PROTECTING GUARANTEED MEDICARE BENEFITS.— Nothing in the provisions of, or amendments made by, this Act [see Short Title note set out under section 18001 of this title] shall result in a reduction of guaran- teed benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.]. ‘‘(b) ENSURING THAT MEDICARE SAVINGS BENEFIT THE MEDICARE PROGRAM AND MEDICARE BENEFICIARIES.— Savings generated for the Medicare program under title XVIII of the Social Security Act under the provisions of, and amendments made by, this Act shall extend the solvency of the Medicare trust funds, reduce Medicare premiums and other cost-sharing for beneficiaries, and improve or expand gu

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access Commission

**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”). **(b) Duties** (1) **Review of access policies for all States and annual reports** — MACPAC shall— (A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs. (2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following: (A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including— (i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396 — Medicaid and CHIP Payment and Access

§ 1396. Medicaid and CHIP Payment and Access Commission (a) Establishment There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as ‘‘MACPAC’’). (b) Duties (1) Review of access policies for all States and annual reports MACPAC shall— (A) review policies of the Medicaid pro- gram established under this subchapter (in this section referred to as ‘‘Medicaid’’) and the State Children’s Health Insurance Pro- gram established under subchapter XXI (in this section referred to as ‘‘CHIP’’) affecting access to covered items and services, includ- ing topics described in paragraph (2); (B) make recommendations to Congress, the Secretary, and States concerning such access policies; (C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such re- views and MACPAC’s recommendations con- cerning such policies; and (D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, includ- ing the implications of changes in health care delivery in the United States and in the market for health care services on such pro- grams. (2) Specific topics to be reviewed Specifically, MACPAC shall review and as- sess the following: (A) Medicaid and CHIP payment policies Payment policies under Medicaid and CHIP, including— (i) the factors affecting expenditures for the efficient provision of items and serv- ices in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health ce

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396t — Home and community care for functionally disabled elderly individuals

**(a) “Home and community care” defined** In this subchapter, the term “home and community care” means one or more of the following services furnished to an individual who has been determined, after an assessment under subsection (c), to be a functionally disabled elderly individual, furnished in accordance with an individual community care plan (established and periodically reviewed and revised by a qualified community care case manager under subsection (d)): (1) Homemaker/home health aide services. (2) Chore services. (3) Personal care services. (4) Nursing care services provided by, or under the supervision of, a registered nurse. (5) Respite care. (6) Training for family members in managing the individual. (7) Adult day care. (8) In the case of an individual with chronic mental illness, day treatment or other partial hospitalization, psychosocial rehabilitation services, and clinic services (whether or not furnished in a facility). (9) Such other home and community-based services (other than room and board) as the Secretary may approve. **(b) “Functionally disabled elderly individual” defined** (1) **In general** — In this subchapter, the term “functionally disabled elderly individual” means an individual who— (A) is 65 years of age or older, (B) is determined to be a functionally disabled individual under subsection (c), and (C) subject to [section 1396a(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/f&num=0&edition=prelim) (as applied consistent with [section 1396a(r)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/r/2&num=0&edition=prelim)), is receiving supplemental security income benefits under subchapter XVI (or under a State plan appro

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396t

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396t. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396t — Home and community care for function-

§ 1396t. Home and community care for function- ally disabled elderly individuals (a) ‘‘Home and community care’’ defined In this subchapter, the term ‘‘home and com- munity care’’ means one or more of the fol- lowing services furnished to an individual who has been determined, after an assessment under subsection (c), to be a functionally disabled el- derly individual, furnished in accordance with an individual community care plan (established and periodically reviewed and revised by a quali- fied community care case manager under sub- section (d)): (1) Homemaker/home health aide services. (2) Chore services. (3) Personal care services. (4) Nursing care services provided by, or under the supervision of, a registered nurse. (5) Respite care. (6) Training for family members in man- aging the individual. (7) Adult day care. (8) In the case of an individual with chronic mental illness, day treatment or other partial hospitalization, psychosocial rehabilitation services, and clinic services (whether or not furnished in a facility). (9) Such other home and community-based services (other than room and board) as the Secretary may approve. (b) ‘‘Functionally disabled elderly individual’’ de- fined (1) In general In this subchapter, the term ‘‘functionally disabled elderly individual’’ means an indi- vidual who— (A) is 65 years of age or older, (B) is determined to be a functionally dis- abled individual under subsection (c), and (C) subject to section 1396a(f) of this title (as applied consistent with section 1396a(r)(2) of this title), is receiving supplemental secu- rity income benefits under subchapter XVI (or under a State plan approved under sub- chapter XVI) or, at the option of the State, is described in section 1396a(a)(10)(C) of this

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396t

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396t. This identifies an authority to review, not proof of applicability.