§440.167. Personal care services.
42 C.F.R. § 440.167
Unless defined differently by a State agency for purposes of a waiver granted under part 441, subpart G of this chapter—
Personal care services means services furnished to an individual who is not an inpatient or resident of a hospital, nursing facility, intermediate care facility for individuals with intellectual disabilities, or institution for mental disease that are—
Authorized for the individual by a physician in accordance with a plan of treatment or (at the option of the State) otherwise authorized for the individual in accordance with a service plan approved by the State;
Provided by an individual who is qualified to provide such services and who is not a member of the individual's family; and
Furnished in a home, and at the State's option, in another location.
For purposes of this section, family member means a legally responsible relative.
Notes, amendments, and revision history
Amendments
[42 FR 47902, Sept. 11, 1997]
Authority
Authority: 42 U.S.C. 1302.
Source
Source: 43 FR 45224, Sept. 29, 1978, unless otherwise noted.
Amendments
[42 FR 47902, Sept. 11, 1997]