§ 3002. Definitions
For the purposes of this chapter—
(1)
The term “abuse” means the willful—
(4)
The term “Aging and Disability Resource Center” means an entity established by a State as part of the State system of long-term care, to provide a coordinated system for providing—
(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;
(5)
The term “aging network” means the network of—
(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.
(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—
(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—
(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;
(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:
(14)
The term “disease prevention and health promotion services” means—
(B)
routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision, hearing, diabetes, bone density, and nutrition screening;
(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), alcohol and substance abuse reduction, 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—
(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, coordination of community mental health services, provision of educational activities, and referral to psychiatric and psychological services;
(H)
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.);
(I)
medication management screening and education to prevent incorrect medication and adverse drug reactions;
(J)
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;
(16)
The term “elder abuse, neglect, and exploitation” means abuse, neglect, and exploitation, of an older individual.
(17)
The term “elder justice”—
(18)
(A)
The term “exploitation” means 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.].
(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—
(23)
The term “greatest economic need” means the need resulting from an income level at or below the poverty line.
(25)
The term “Hispanic-serving institution” has the meaning given the term in section
1101a of title
20.
(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
(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;
(30)
The term “in-home services” includes—
(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
(33)
The term “legal assistance”—
(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;
(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));
(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 health), social, nutritional, and educational services and the provision of facilities for recreational activities for older individuals.
(38)
The term “neglect” means—
(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.
(42)
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.
(43)
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.[3]
(44)
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.
(45)
The term “Secretary” means the Secretary of Health and Human Services, except that for purposes of subchapter IX of this chapter such term means the Secretary of Labor.
(46)
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;
(47)
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—
(48)
The term “severe disability” means a severe, chronic disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that—
(B)
results in substantial functional limitation in 3 or more of the major life activities specified in subparagraphs (A) through (G) of paragraph (8).[4]
(50)
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 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)
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.
[1] See References in Text note below.
[2] So in original. Probably should refer to paragraph (26).
[3] So in original. A closing parenthesis probably should follow “this title”.
[4] So in original. Probably should refer to paragraph (13).