42 U.S.C. § 3002 : US Code - Section 3002: Definitions

Search 42 U.S.C. § 3002 : US Code - Section 3002: Definitions

For the purposes of this chapter -
(1) 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.
(2) The term "Assistant Secretary" means the Assistant
Secretary for Aging.
(3) 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.
(4) 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.
(5) The term "Indian" means a person who is a member of an
Indian tribe.
(6) 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.
(7) 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.
(8) 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.
(9) 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).
(10) 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.
(11) The term "information and referral" includes information
relating to assistive technology.
(12) 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, and nutrition screening;
(C) nutritional counseling and educational services for
individuals and their primary caregivers;
(D) 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;
(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
(!1) 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, 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;
(K) gerontological counseling; and
(L) counseling regarding social services and followup health
services based on any of the services described in
subparagraphs (A) through (K).
The term shall not include services for which payment may be made
under titles XVIII and XIX of the Social Security Act (42 U.S.C.
1395 et seq., 1396 et seq.).
(13) The term "abuse" means the willful -
(A) infliction of injury, unreasonable confinement,
intimidation, or cruel punishment with resulting physical harm,
pain, or mental anguish; or
(B) deprivation by a person, including a caregiver, of goods
or services that are necessary to avoid physical harm, mental
anguish, or mental illness.
(14) The term "Administration" means the Administration on
Aging.
(15) The term "adult child with a disability" means a child who
-
(A) is 18 years of age or older;
(B) is financially dependent on an older individual who is a
parent of the child; and
(C) has a disability.
(16) 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.
(17) 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.
(18) The term "board and care facility" means an institution
regulated by a State pursuant to section 1382e(e) of this title.
(19) 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.
(20) The term "Native American" means -
(A) an Indian as defined in paragraph (5); and
(B) a Native Hawaiian, as defined in section 3057k of this
title.
(21) 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.
(22) The term "elder abuse" means abuse of an older individual.
(23) The term "elder abuse, neglect, and exploitation" means
abuse, neglect, and exploitation, of an older individual.
(24) 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.
(25) The term "focal point" means a facility established to
encourage the maximum collocation and coordination of services
for older individuals.
(26) 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.
(27) The term "greatest economic need" means the need resulting
from an income level at or below the poverty line.
(28) 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.
(29) 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; and
(ii) older individuals with greatest economic need.
(30) The term "institution of higher education" has the meaning
given the term in section 1001 of title 20.
(31) 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.
(32) The term "long-term care facility" means -
(A) any skilled nursing facility, as defined in section 1395i-
3(a) of this title;
(B) any nursing facility, as defined in section 1396r(a) of
this title;
(C) for purposes of sections 3027(a)(9) and 3058g of this
title, a board and care facility; and
(D) any other adult care home similar to a facility or
institution described in subparagraphs (A) through (C).
(33) 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.
(34) 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.
(35) The term "older individual" means an individual who is 60
years of age or older.
(36) The term "physical harm" means bodily injury, impairment,
or disease.
(37) 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.
(38) 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.
(39) 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.
(40) The term "State agency" means the agency designated under
section 3025(a)(1) of this title.
(41) The term "supportive service" means a service described in
section 3030d(a) of this title.
(42) The term "family violence" has the same meaning given the
term in the Family Violence Prevention and Services Act.
(43) The term "sexual assault" has the meaning given the term
in section 3796gg-2 of this title.(!1)