§1397j Definitions

Summary

Defines key words used in the rules about elder abuse and services. It explains who people and groups are, what kinds of harm and care are covered, and which terms point to other laws. Abuse — on-purpose physical or mental harm or withholding things needed to stay safe; Adult protective services — services the Secretary sets, like taking and investigating reports, doing casework, and arranging medical, legal, housing, or other help; Caregiver — a person responsible for an elder’s care, paid or unpaid, by choice, contract, or by law; Direct care — care given by an employee or contractor; Elder — a person 60 years old or older; Elder justice — society’s and an individual’s efforts to prevent and respond to elder abuse and to protect elders’ rights and autonomy; Eligible entity — a government body, tribe, or other group with elder-justice expertise; Exploitation — using an elder’s money or property illegally or without permission for someone’s gain; Fiduciary — someone legally required to act fairly for another, such as a trustee, guardian, conservator, executor, agent under a power of attorney, or representative payee; Grant — includes contracts, cooperative agreements, or other financial help; Guardianship — a court process where a judge finds an adult can’t care for self or property and appoints and oversees a guardian or conservator; Indian tribe — has the meaning in title 25, section 5304, and includes any Pueblo or Rancheria; Law enforcement — responders like police, prosecutors, medical examiners, investigators, coroners, and corrections staff; Long-term care — health and support services for people who can’t care for themselves due to illness, disability, or vulnerability, including inability to do one or more daily activities like eating, dressing, bathing, or managing money; Long-term care facility — a residential provider that arranges or provides long-term care; Neglect — a caregiver’s or fiduciary’s failure to give needed goods or services, or self-neglect; Nursing facility — as defined in section 1396r(a), and includes skilled nursing facilities; Self-neglect — an adult’s inability from impairment to get food, clothing, shelter, medical care, other goods or services for safety or health, or to manage finances; Serious bodily injury — injury causing extreme pain, a substantial risk of death, long-term loss or impairment of a body part or mental faculty, or needing surgery, hospitalization, or rehab; conduct like aggravated or other sexual abuse under 18 U.S.C. 2241 or 2242 (or similar state law) counts as serious bodily injury; Social (service) — includes adult protective services; State legal assistance developer — as described in section 3058j; State Long-Term Care Ombudsman — as described in section 3058g(a)(2).