§3002 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines the key words used in the chapter so people know what they mean. Abuse = knowingly causing physical or mental harm or knowingly withholding things someone needs. Administration = the Administration on Aging. Adult protective services = services the Secretary sets out for adults, including taking reports, investigating, planning and monitoring cases, and arranging medical, social, legal, housing, law enforcement, emergency, or other protective help. Aging and Disability Resource Center = a State-run place or network that gives community information, one-on-one counseling, entry to public long-term care programs, and referrals to help people stay in or return to the community instead of institutions. Aging network = the group of State agencies, area agencies on aging, title VI grantees, the Administration, and funded organizations that provide services or are colleges. Area agency on aging = the local agency named under section 3025 or a State agency doing those jobs. Assistant Secretary = the Assistant Secretary for Aging. Assistive device = includes assistive technology devices; related terms follow the meanings in section 3002 of title 29, and the State assistive technology entity is the agency named under subsection (c)(1) of section 3003 of title 29. At risk for institutional placement = an older person who cannot do at least 2 activities of daily living without major help (including verbal reminders, physical cues, or supervision) and whom the State finds needs placement in a long-term care facility. Board and care facility = an institution regulated by a State under section 1382e(e). Case management service = a service, at the request of an older person or family, given by someone trained to assess needs and arrange, coordinate, and watch over the best mix of services; it includes full assessment, a service plan, coordination with other plans and with information services, monitoring, reassessment, and advocacy if wanted. Civic engagement = individual or group action to address public problems or unmet human, educational, health, environmental, or public safety needs. Disability = a mental or physical impairment that causes substantial limits in one or more major life activities such as self-care, language, learning, mobility, self-direction, independent living, economic self-sufficiency, thinking, or emotional adjustment. Disease prevention and health promotion services = health risk checks and many preventive services and programs, like routine screenings (blood pressure, vision, diabetes, etc.), nutrition counseling, evidence-based programs to prevent or manage chronic and infectious disease, fitness and therapeutic programs, home injury and fall prevention, mental health screening and referral, medication management education, information on age-related diseases and Medicare preventive services, response to public health emergencies, gerontological counseling, and follow-up counseling and referrals. Elder abuse = abuse of an older person. Elder abuse, neglect, and exploitation = abuse, neglect, and exploitation of an older person. Elder justice = efforts to prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation and to protect older people with diminished capacity while supporting their autonomy; it also means recognizing an older person’s right to be free from abuse, neglect, and exploitation. Exploitation / financial exploitation = fraudulent, illegal, unauthorized, or improper acts that use an older person’s money, property, or benefits for someone else’s gain or that stop the older person from getting their resources; caregiver means anyone responsible for the older person’s care, paid or unpaid. Family violence = has the meaning used in the Family Violence Prevention and Services Act. Fiduciary = a person or entity legally responsible to act for another’s benefit and in good faith; this includes trustees, guardians, conservators, executors, agents under powers of attorney, and representative payees. Focal point = a place set up to bring together and coordinate services for older people. Frail = an older person a State finds functionally impaired because they cannot do at least two activities of daily living without major human help (or three if the State chooses), or because a cognitive or mental problem means they need supervision due to serious safety risk. Greatest economic need = having income at or below the poverty line. Greatest social need = need from noneconomic causes like physical or mental disabilities, language barriers, or cultural, social, or geographic isolation that limit daily tasks or threaten independent living. Hispanic-serving institution = has the meaning in section 1101a of title 20. Indian = a member of an Indian tribe. Indian tribe = except for subchapter X, any tribe, band, nation, or organized Indian group (including certain Alaska Native villages or corporations) that is recognized as eligible for special programs or that is on or near a Federal or State reservation or rancheria. Information and assistance service = a service that gives current community information (including about assistive tech), assesses problems and abilities, connects people to services, follows up as needed, and serves all older people especially those with greatest social or economic need or at risk for institutional placement. Information and referral = includes help about assistive technology. In-home services = services like homemakers and home health aides, visiting and telephone reassurance, chores, in-home respite and adult day care used as respite, minor home modifications needed to stay at home not available elsewhere, personal care, and other in-home services the State and area agency define. Institution of higher education = has the meaning in section 1001 of title 20. Integrated long-term care = a mix of long-term care items and services under Medicaid and other federally funded programs plus other health care items under Medicare, Medicaid, or other federal health programs, including services provided through managed care. Legal assistance = legal advice and representation by an attorney for older people with economic or social needs, including supervised paralegal or law student help and nonlawyer assistance where allowed. Long-term care = services, care, or items (including assistive devices) meant to help with daily living and to make up for functional impairment; they can be provided at home, in community care settings, or in long-term care facilities, and are not for diagnosing, treating, or curing medical disease. Long-term care facility = skilled nursing facilities, nursing facilities, board and care facilities, and other adult care homes including assisted living. Multipurpose senior center = a community place offering health (including mental), social, nutritional, educational, and recreational services for older people. Native American = an Indian (as defined above) and a Native Hawaiian (as defined in section 3057k). Neglect = a caregiver’s or fiduciary’s failure to provide needed goods or services to keep an older person safe and healthy, or self-neglect. Nonprofit = an agency or organization whose net earnings do not go to private shareholders or individuals. Older individual = a person age 60 or older. Person-centered, trauma-informed = services that look at the whole person, respect dignity and strength, empower trauma victims, and use evidence-based trauma knowledge. Physical harm = bodily injury, impairment, or disease. Planning and service area = an area a State agency designates under section 3025. Poverty line = the official poverty line defined by the Office of Management and Budget and adjusted by the Secretary under section 9902(2). Representative payee = a person appointed by the government to receive funds for an older person who cannot manage money because of physical or mental incapacity. Secretary = the Secretary of Health and Human Services, except for subchapter IX where it means the Secretary of Labor. Self-directed care = a way of giving services where the older person plans, budgets, and controls their services with help and assessment by the area agency on aging, creates a service plan and budget with family or representatives if needed, and is overseen by the area agency or State to ensure quality and proper use of funds. Self-neglect = an adult’s inability, because of physical or mental impairment or reduced capacity, to do essential self-care tasks like getting food, clothing, shelter, medical care, goods and services for safety or health, or managing money. Severe disability = a severe, chronic disability that will likely continue and that causes major limits in three or more of the life activities listed earlier. Sexual assault = has the meaning in section 10447 of title 34. State = any State, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, and the Northern Mariana Islands. State agency = the agency named under section 3025(a)(1). State system of long-term care = the Federal, State, and local programs and activities a State runs to provide or help people get long-term care. Supportive service = the service described in section 3030d(a). Traumatic brain injury = has the meaning in section 280b–1c(d). Tribal organization = the recognized governing body of an Indian tribe or an organization controlled by that body; if a contract or grant benefits more than one tribe, each tribe’s approval is required.

Title 42, §3002

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

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), 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 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 or a State agency performing the functions of an area agency on aging under section 3025(b)(5) of this title.

(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.

(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 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.

(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 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).

(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 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.

(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 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; and

(ii)by the area agency on aging in the area plan submitted in accordance with section 3026 of this title.

(31)The term “institution of higher education” has the meaning given the term in section 1001 of title 20.

(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 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 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)), 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));

(B)any nursing facility, as defined in section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a));

(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.

(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, including a single planning and service area described in section 3025(b)(5)(A) of this title.

(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.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 34.1

(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.

(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.

(55)The term “traumatic brain injury” has the meaning given such term in section 280b–1c(d) of this title.

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Rehabilitation Act of 1973, referred to in par. (4), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Part C of title VII of the Act is classified generally to subpart 3 (§ 796f et seq.) of part A of subchapter VII of chapter 16 of Title 29, Labor. For complete classification of this Act to the Code, see

Short Title

note set out under section 701 of Title 29 and Tables. The Social Security Act, referred to in pars. (14) and (32), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. Section 8801 of title 20, referred to in par. (14)(E)(ii), was repealed by Pub. L. 107–110, title X, § 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986. See section 7801 of Title 20, Education. The Family Violence Prevention and Services Act, referred to in par. (19), is title III of Pub. L. 98–457, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3484, which is classified generally to chapter 110 (§ 10401 et seq.) of this title. For complete classification of this Act to the Code, see section 10401(a) of this title and Tables. The Alaska Native Claims Settlement Act, referred to in par. (27), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act of the Code, see

Short Title

note set out under section 1601 of Title 43 and Tables. Section 10447 of title 34, referred to in par. (50), was subsequently amended and no longer defines “sexual assault”. However, it now refers to definitions in section 12291 of Title 34, Crime Control and Law

Enforcement

, which defines “sexual assault” in subsec. (a).

Amendments

2020—Par. (4). Pub. L. 116–131, § 103(1), in introductory provisions, inserted “, 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 et seq.)), and other aging or disability entities” after “provides”. Par. (4)(B). Pub. L. 116–131, § 103(2), substituted “plan for long-term services, supports, and care that is consistent with the desires and choices” for “plan for long-term care that is consistent with the desires”. Par. (4)(D). Pub. L. 116–131, § 103(3), substituted “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,” for “part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.), and other community-based entities,”. Par. (8)(C). Pub. L. 116–131, § 104(1), added subpar. (C). Par. (14)(B). Pub. L. 116–131, § 106(1), inserted “(including screening for malnutrition)” after “nutrition screening”. Pub. L. 116–131, § 105(1), inserted “immunization status,” after “oral health,”. Par. (14)(D). Pub. L. 116–131, § 108, inserted “chronic pain management,” after “substance abuse reduction,”. Pub. L. 116–131, § 107, inserted “prevention of sexually transmitted diseases,” after “vaccine-preventable disease,”. Pub. L. 116–131, § 105(2), inserted “infectious disease, and vaccine-preventable disease, as well as” after “cardiovascular disease),”. Par. (14)(G). Pub. L. 116–131, § 109, inserted “and screening for suicide risk” after “depression”. Par. (14)(H) to (O). Pub. L. 116–131, § 110, added subpars. (H), (L), and (N), redesignated former subpars. (H), (I), (J), (K), and (L) as (I), (J), (K), (M), and (O), respectively, and, in subpar. (O), substituted “(A) through (N)” for “(A) through (K)”. Par. (35)(C). Pub. L. 116–131, § 111, struck out “for purposes of section 3027(a)(12) and 3058g of this title,” before “a board”. Par. (37)(A). Pub. L. 116–131, § 701(1), substituted “paragraph (26)” for “paragraph (5)”. Par. (41). Pub. L. 116–131, § 112(2), added par. (41). Former par. (41) redesignated (42). Pars. (42) to (54). Pub. L. 116–131, § 112(1), redesignated pars. (41) to (53) as (42) to (54), respectively. Former par. (54) redesignated (55), then (56). Par. (55). Pub. L. 116–131, § 113(2), added par. (55). Par. (56). Pub. L. 116–131, §§ 112(1), 113(1), redesignated par. (54) as (55), then (56). 2016—Par. (1). Pub. L. 114–144, § 2(1), added par. (1) and struck out former par. (1) which defined “abuse”. Par. (3). Pub. L. 114–144, § 2(2), added par. (3) and struck out former par. (3) which defined “adult child with a disability”. Par. (4). Pub. L. 114–144, § 2(3), added par. (4) and struck out former par. (4) which defined “Aging and Disability Resource Center”. Par. (14)(B). Pub. L. 114–144, § 2(4), inserted “oral health,” after “bone density,”. Par. (14)(G). Pub. L. 114–144, § 9(1)(A), inserted “and behavioral” after “mental”. Par. (17). Pub. L. 114–144, § 2(5), added par. (17) and struck out former par. (17) which defined “elder justice”. Par. (18)(A). Pub. L. 114–144, § 2(6), substituted “terms ‘exploitation’ and ‘financial exploitation’ mean” for “term ‘exploitation’ means”. Par. (36). Pub. L. 114–144, § 9(1)(B), inserted “and behavioral” after “mental”. Par. (47)(B). Pub. L. 114–144, § 9(1)(C), inserted “and behavioral” after “mental”. 2006—Pub. L. 109–365, § 101(b), redesignated pars. (1) to (54) as (45), (7), (50), (39), (26), (27), (54), (13), (48), (8), (29), (14), (1), (2), (3), (5), (6), (10), (30), (37), (11), (15), (16), (18), (21), (22), (23), (24), (28), (31), (33), (35), (36), (38), (40), (41), (42), (43), (44), (51), (53), (19), (49), (4), (9), (12), (17), (20), (25), (34), (46), (47), (52), and (32), respectively. Par. (10). Pub. L. 109–365, § 101(a)(1), added par. (10) and struck out former par. (10) which read as follows: “The term ‘assistive technology’ means technology, engineering methodologies, or scientific principles appropriate to meet the needs of, and address the barriers confronted by, older individuals with functional limitations.” Par. (12)(D). Pub. L. 109–365, § 101(a)(2), added subpar. (D) and struck out former subpar. (D) which read as follows: “health promotion programs, including but not limited to programs relating to prevention and reduction of effects of chronic disabling conditions (including osteoporosis and cardiovascular disease), alcohol and substance abuse reduction, smoking cessation, weight loss and control, and stress management;”. Par. (24). Pub. L. 109–365, § 101(a)(3), added par. (24) and struck out former par. (24) which read as follows: “The term ‘exploitation’ means the illegal or improper act or process of an individual, including a caregiver, using the resources of an older individual for monetary or personal benefit, profit, or gain.” Par. (29)(E)(iii). Pub. L. 109–365, § 101(a)(4), added cl. (iii). Par. (32)(D). Pub. L. 109–365, § 101(a)(5), inserted “, including an assisted living facility,” after “home”. Par. (34). Pub. L. 109–365, § 101(a)(6), added par. (34) and struck out former par. (34) which read as follows: “The term ‘neglect’ means— “(A) the failure to provide for oneself the goods or services that are necessary to avoid physical harm, mental anguish, or mental illness; or “(B) the failure of a caregiver to provide the goods or services.” Pars. (44) to (54). Pub. L. 109–365, § 101(a)(7), added pars. (44) to (54). 2003—Par. (42). Pub. L. 108–36 struck out “(42 U.S.C. 10408)” before period at end. 2000—Par. (3). Pub. L. 106–501, § 101(1), substituted “and the Commonwealth of the Northern Mariana Islands” for “the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands”. Par. (12). Pub. L. 106–501, § 101(2), added par. (12) and struck out former par. (12) which read as follows: “The term ‘Trust Territory of the Pacific Islands’ includes the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.” Par. (18). Pub. L. 106–501, § 101(3), redesignated par. (19) as (18) and struck out former par. (18) which read as follows: “The term ‘art therapy’ means the use of art and artistic processes specifically selected and administered by an art therapist, to accomplish the restoration, maintenance, or improvement of the mental, emotional, or social functioning of an older individual.” Par. (19). Pub. L. 106–501, § 101(4), added par. (19) and struck out former par. (19) which read as follows: “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.” Pub. L. 106–501, § 101(3), redesignated par. (20) as (19). Former par. (19) redesignated (18). Par. (20). Pub. L. 106–501, § 101(4), added par. (20) and struck out former par. (20) which read as follows: “The term ‘caretaker’ means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) uncompensated care to an older individual who needs supportive services.” Pub. L. 106–501, § 101(3), redesignated par. (21) as (20). Former par. (20) redesignated (19). Par. (21). Pub. L. 106–501, § 101(3), redesignated par. (22) as (21). Former par. (21) redesignated (20). Par. (22). Pub. L. 106–501, § 101(5), redesignated par. (24) as (22). Former par. (22) redesignated (21). Par. (23). Pub. L. 106–501, § 101(5), redesignated par. (25) as (23) and struck out former par. (23) which read as follows: “The term ‘dance-movement therapy’ means the use of psychotherapeutic movement as a process facilitated by a dance-movement therapist, to further the emotional, cognitive, or physical health of an older individual.” Pars. (24) to (31). Pub. L. 106–501, § 101(5), redesignated pars. (26) to (33) as (24) to (31), respectively. Former pars. (24) and (25) redesignated (22) and (23), respectively. Par. (32). Pub. L. 106–501, § 101(5), redesignated par. (34) as (32). Former par. (32) redesignated (30). Par. (33). Pub. L. 106–501, § 101(5), redesignated par. (35) as (33). Former par. (33) redesignated (31). Par. (34). Pub. L. 106–501, § 101(6), redesignated par. (37) as (34). Former par. (34) redesignated (32). Par. (34)(C). Pub. L. 106–501, § 801(a), which directed that par. (34)(C) be amended by substituting “3027(a)(9)” for “3027(a)(12)”, could not be executed because “3027(a)(12)” did not appear in text. Par. (35). Pub. L. 106–501, § 101(6), redesignated par. (38) as (35). Former par. (35) redesignated (33). Par. (36). Pub. L. 106–501, § 101(6), redesignated par. (39) as (36) and struck out former par.(36) which read as follows: “The term ‘music therapy’ means the use of musical or rhythmic interventions specifically selected by a music therapist to accomplish the restoration, maintenance, or improvement of social or emotional functioning, mental processing, or physical health of an older individual.” Pars. (37) to (41). Pub. L. 106–501, § 101(6), redesignated pars. (40) to (44) as (37) to (41), respectively. Former pars. (37) to (39) redesignated (34) to (36), respectively. Pars. (42), (43). Pub. L. 106–501, § 101(7), added pars. (42) and (43). Former pars. (42) and (43) redesignated (39) and (40), respectively. Par. (44). Pub. L. 106–501, § 101(6), redesignated par. (44) as (41). 1998—Par. (32). Pub. L. 105–244 substituted “section 1001” for “section 1141(a)”. 1993—Par. (2). Pub. L. 103–171, § 3(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term ‘Commissioner’ means, unless the context otherwise requires, the Commissioner of the Administration.” Par. (3). Pub. L. 103–171, § 2(1), substituted “Virgin Islands of the United States” for “Virgin Islands”. 1992—Par. (2). Pub. L. 102–375, § 904(a)(2), which directed amendment of par. (2) by substituting “United States Virgin Islands” for “Virgin Islands”, could not be executed because “Virgin Islands” did not appear in par. (2). Pub. L. 102–375, § 102(b)(1)(A), substituted “Administration” for “Administration on Aging”. Pars. (13) to (44). Pub. L. 102–375, § 102(a), added pars. (13) to (44). 1988—Par. (10). Pub. L. 100–628, § 705(1)(A), redesignated par. (8) defining “assistive technology” as (10). Par. (11). Pub. L. 100–628, § 705(1)(A), redesignated par. (9) defining “information and referral” as (11). Par. (12). Pub. L. 100–628, § 705(1)(B), redesignated par. (8) defining “Trust Territory of the Pacific Islands” as (12). 1987—Par. (1). Pub. L. 100–175, § 182(a), substituted “except that for purposes of subchapter IX such term means the Secretary of Labor” for “other than for purposes of subchapter IX”. Par. (3). Pub. L. 100–175, § 182(b)(1)(A), substituted “means any of the several States,” for “includes” and “the Commonwealth of Puerto Rico” for “Puerto Rico”. Par. (8). Pub. L. 100–175, § 182(b)(1)(B), added par. (8) defining “Trust Territory of the Pacific Islands”. Pub. L. 100–175, § 146(a), added par. (8) defining “assistive technology”. Pub. L. 100–175, § 136(a)(1), added par. (8) defining “disability”. Par. (9). Pub. L. 100–175, § 146(a), added par. (9) defining “information and referral”. Pub. L. 100–175, § 136(a)(1), added par. (9) defining “severe disability”. 1981—Par. (1). Pub. L. 97–115, § 2(a)(2), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”. Par. (3). Pub. L. 97–115, § 2(a)(3)(A), inserted reference to the Commonwealth of the Northern Mariana Islands. Pars. (6), (7). Pub. L. 97–115, § 2(a)(3)(B), (C), substituted “Except for the purposes of subchapter X of this chapter, the term” for “The term”. 1978—Par. (1). Pub. L. 95–478, § 503(a)(1), inserted “, other than for purposes of subchapter IX”. Pars. (4) to (7). Pub. L. 95–478, § 503(a)(2), redesignated second par. (4), which was enacted by Pub. L. 94–135, § 104(b), as par. (5) and redesignated existing pars. (5) and (6) as (6) and (7), respectively. 1975—Par. (1). Pub. L. 94–135, § 114(a), substituted a period for the semicolon. Pars. (4) to (6). Pub. L. 94–135, § 104(b), added pars. (4) to (6). 1969—Par. (3). Pub. L. 91–69 enlarged term “State” to include the Trust Territory of the Pacific Islands. 1967—Par. (2). Pub. L. 90–42, § 5(a)(1), inserted “, unless the context otherwise requires,” after “means”. Par. (4). Pub. L. 90–42, § 5(a)(2), enlarged term nonprofit institution or organization to include nonprofit agencies.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

Effective Date

of 1987 AmendmentAmendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–478 effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as a note under section 3001 of this title.

§3002 Definitions

Summary

Title 42, §3002

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Enforcement

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

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