---
kind: "section"
citation: "42 C.F.R. § 440.167"
title: "42"
number: "440.167"
heading: "Personal care services."
url: "https://uscodex.org/cfr/42/440.167"
---

# §440.167. Personal care services.


Unless defined differently by a State agency for purposes of a waiver granted under [part 441](/cfr/42/part441.md), [subpart G](/cfr/42/subpartG.md) of this chapter—

- (a) 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—
  - (1) 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;
  - (2) Provided by an individual who is qualified to provide such services and who is not a member of the individual's family; and
  - (3) **Furnished in a home, and at the State's option, in another location.**
- (b) For purposes of this section, family member means a legally responsible relative.

## Notes

### 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]