42 U.S.C. § 1997: Definitions

Summary

Defines key words used in this part. "Institution" means a facility owned, run, or providing services for a State or local government that serves people with mental or physical disabilities, jails or prisons, pretrial detention centers, certain juvenile facilities (for youths awaiting trial, getting care or treatment, or living there for a State purpose), and nursing or long-term care homes. Private facilities are not counted as "institutions" if the State’s only connection is licensing, or if the only connection is that the facility receives payments on behalf of residents under title XVI, XVIII, or under a State plan approved under title XIX of the Social Security Act, or if those licensing and payment links together are the only connection. "Person" means an individual, trust or estate, partnership, association, or corporation. "State" means any State, the District of Columbia, Puerto Rico, or U.S. territories and possessions. "Legislative days" are any calendar day when either House of Congress is in session.

Title 42, §1997

The Public Health and Welfare, Source: USLM XML via OLRC

As used in this subchapter—

(1)The term “institution” means any facility or institution—

(A)which is owned, operated, or managed by, or provides services on behalf of any State or political subdivision of a State; and

(B)which is—

(i)for persons who are mentally ill, disabled, or retarded, or chronically ill or handicapped;

(ii)a jail, prison, or other correctional facility;

(iii)a pretrial detention facility;

(iv)for juveniles—

(I)held awaiting trial;

(II)residing in such facility or institution for purposes of receiving care or treatment; or

(III)residing for any State purpose in such facility or institution (other than a residential facility providing only elementary or secondary education that is not an institution in which reside juveniles who are adjudicated delinquent, in need of supervision, neglected, placed in State custody, mentally ill or disabled, mentally retarded, or chronically ill or handicapped); or

(v)providing skilled nursing, intermediate or long-term care, or custodial or residential care.

(2)Privately owned and operated facilities shall not be deemed “institutions” under this subchapter if—

(A)the licensing of such facility by the State constitutes the sole nexus between such facility and such State;

(B)the receipt by such facility, on behalf of persons residing in such facility, of payments under title XVI, XVIII [42 U.S.C. 1381 et seq., 1395 et seq.], or under a State plan approved under title XIX [42 U.S.C. 1396 et seq.], of the Social Security Act, constitutes the sole nexus between such facility and such State; or

(C)the licensing of such facility by the State, and the receipt by such facility, on behalf of persons residing in such facility, of payments under title XVI, XVIII [42 U.S.C. 1381 et seq., 1395 et seq.], or under a State plan approved under title XIX [42 U.S.C. 1396 et seq.], of the Social Security Act, constitutes the sole nexus between such facility and such State;

(3)The term “person” means an individual, a trust or estate, a partnership, an association, or a corporation;

(4)The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States;

(5)The term “legislative days” means any calendar day on which either House of Congress is in session.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in par. (2)(B), (C), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVI, XVIII, and XIX of the Social Security Act are classified generally to subchapters XVI (§ 1381 et seq.), XVIII (§ 1395 et seq.), and XIX (§ 1396 et seq.) of chapter 7 of this title, respectively. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 96–247, § 1, May 23, 1980, 94 Stat. 349, provided: “That this Act [enacting this subchapter] may be cited as the ‘Civil Rights of Institutionalized Persons Act’.”

§1997 Definitions