42 U.S.C. § 1997 : US Code - Section 1997: Definitions

Search 42 U.S.C. § 1997 : US Code - Section 1997: Definitions

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.