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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 35. PROGRAMS FOR OLDER AMERICANS |
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SubChapter I. DECLARATION OF OBJECTIVES AND DEFINITIONS |
§ 3002. Definitions
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For the purposes of this chapter— (1) 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. (2) The term “Administration” means the Administration on Aging. (3) 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. (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; (B) personal counseling to assist individuals in assessing their existing or anticipated long-term care needs, and developing and implementing a plan for long-term care designed to meet their specific needs and circumstances; and (C) consumers access to the range of publicly-supported long-term care programs for which consumers may be eligible, by serving as a convenient point of entry for such programs. (5) 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. (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. (7) The term “Assistant Secretary” means the Assistant Secretary for Aging. (8) (A) The term “assistive device” includes an assistive technology device. (B) The terms “assistive technology”, “assistive technology device”, and “assistive technology service” have the meanings given such terms in section 3002 of title 29. (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— (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. (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: (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. (14) 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) 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— (i) an institution of higher education; (ii) a local educational agency, as defined in section 8801 (49) The term “sexual assault” has the meaning given the term in section 3796gg–2 of this title.1 (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. (51) The term “State agency” means the agency designated under section 3025(a)(1) of this title. (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. (53) The term “supportive service” means a service described in section 3030d(a) of this title. (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.
References In Text
The Social Security Act, referred to in pars. (14) and (32), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
Section 8801 of title 20, referred to in par. (14)(E)(ii), was repealed by Pub. L. 107–110, title X, § 1011(5)(C),
The Family Violence Prevention and Services Act, referred to in par. (19), is title III of Pub. L. 98–457, as added Pub. L. 111–320, title II, § 201,
The Alaska Native Claims Settlement Act, referred to in par. (27), is Pub. L. 92–203,
Section 3796gg–2 of this title, referred to in par. (49), was subsequently amended and no longer defines “sexual assault”. However, it now refers to definitions in section 13925 of this title, which defines “sexual assault” in subsec. (a).
Amendments
2006—Pub. L. 109–365, § 101(b), redesignated pars. (1) to (54) as (45), (7), (50), (39), (26), (27), (54), (13), (48), (8), (29), (14), (1), (2), (3), (5), (6), (10), (30), (37), (11), (15), (16), (18), (21), (22), (23), (24), (28), (31), (33), (35), (36), (38), (40), (41), (42), (43), (44), (51), (53), (19), (49), (4), (9), (12), (17), (20), (25), (34), (46), (47), (52), and (32), respectively.
Par. (10). Pub. L. 109–365, § 101(a)(1), added par. (10) and struck out former par. (10) which read as follows: “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.”
Par. (12)(D). Pub. L. 109–365, § 101(a)(2), added subpar. (D) and struck out former subpar. (D) which read as follows: “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;”.
Par. (24). Pub. L. 109–365, § 101(a)(3), added par. (24) and struck out former par. (24) which read as follows: “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.”
Par. (29)(E)(iii). Pub. L. 109–365, § 101(a)(4), added cl. (iii).
Par. (32)(D). Pub. L. 109–365, § 101(a)(5), inserted “, including an assisted living facility,” after “home”.
Par. (34). Pub. L. 109–365, § 101(a)(6), added par. (34) and struck out former par. (34) which read as follows: “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.”
Pars. (44) to (54). Pub. L. 109–365, § 101(a)(7), added pars. (44) to (54).
2003—Par. (42). Pub. L. 108–36 struck out “(42 U.S.C. 10408)” before period at end.
2000—Par. (3). Pub. L. 106–501, § 101(1), substituted “and the Commonwealth of the Northern Mariana Islands” for “the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands”.
Par. (12). Pub. L. 106–501, § 101(2), added par. (12) and struck out former par. (12) which read as follows: “The term ‘Trust Territory of the Pacific Islands’ includes the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.”
Par. (18). Pub. L. 106–501, § 101(3), redesignated par. (19) as (18) and struck out former par. (18) which read as follows: “The term ‘art therapy’ means the use of art and artistic processes specifically selected and administered by an art therapist, to accomplish the restoration, maintenance, or improvement of the mental, emotional, or social functioning of an older individual.”
Par. (19). Pub. L. 106–501, § 101(4), added par. (19) and struck out former par. (19) which read as follows: “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.”
Pub. L. 106–501, § 101(3), redesignated par. (20) as (19). Former par. (19) redesignated (18).
Par. (20). Pub. L. 106–501, § 101(4), added par. (20) and struck out former par. (20) which read as follows: “The term ‘caretaker’ means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) uncompensated care to an older individual who needs supportive services.”
Pub. L. 106–501, § 101(3), redesignated par. (21) as (20). Former par. (20) redesignated (19).
Par. (21). Pub. L. 106–501, § 101(3), redesignated par. (22) as (21). Former par. (21) redesignated (20).
Par. (22). Pub. L. 106–501, § 101(5), redesignated par. (24) as (22). Former par. (22) redesignated (21).
Par. (23). Pub. L. 106–501, § 101(5), redesignated par. (25) as (23) and struck out former par. (23) which read as follows: “The term ‘dance-movement therapy’ means the use of psychotherapeutic movement as a process facilitated by a dance-movement therapist, to further the emotional, cognitive, or physical health of an older individual.”
Pars. (24) to (31). Pub. L. 106–501, § 101(5), redesignated pars. (26) to (33) as (24) to (31), respectively. Former pars. (24) and (25) redesignated (22) and (23), respectively.
Par. (32). Pub. L. 106–501, § 101(5), redesignated par. (34) as (32). Former par. (32) redesignated (30).
Par. (32)(C). Pub. L. 106–501, § 801(a), which directed that par. (34)(C) be amended by substituting “3027(a)(9)” for “3027(a)(12)”, was executed by making the substitution in par. (32)(C), to reflect the probable intent of Congress and the redesignation of par. (34) as (32) by Pub. L. 106–501, § 101(5). See above.
Par. (33). Pub. L. 106–501, § 101(5), redesignated par. (35) as (33). Former par. (33) redesignated (31).
Pars. (34), (35). Pub. L. 106–501, § 101(6), redesignated pars. (37) and (38) as (34) and (35), respectively. Former pars. (34) and (35) redesignated (32) and (33), respectively.
Par. (36). Pub. L. 106–501, § 101(6), redesignated par. (39) as (36) and struck out former par.(36) which read as follows: “The term ‘music therapy’ means the use of musical or rhythmic interventions specifically selected by a music therapist to accomplish the restoration, maintenance, or improvement of social or emotional functioning, mental processing, or physical health of an older individual.”
Pars. (37) to (41). Pub. L. 106–501, § 101(6), redesignated pars. (40) to (44) as (37) to (41), respectively. Former pars. (37) to (39) redesignated (34) to (36), respectively.
Pars. (42), (43). Pub. L. 106–501, § 101(7), added pars. (42) and (43). Former pars. (42) and (43) redesignated (39) and (40), respectively.
Par. (44). Pub. L. 106–501, § 101(6), redesignated par. (44) as (41).
1998—Par. (32). Pub. L. 105–244 substituted “section 1001” for “section 1141(a)”.
1993—Par. (2). Pub. L. 103–171, § 3(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term ‘Commissioner’ means, unless the context otherwise requires, the Commissioner of the Administration.”
Par. (3). Pub. L. 103–171, § 2(1), substituted “Virgin Islands of the United States” for “Virgin Islands”.
1992—Par. (2). Pub. L. 102–375, § 904(a)(2), which directed amendment of par. (2) by substituting “United States Virgin Islands” for “Virgin Islands”, could not be executed because “Virgin Islands” did not appear in par. (2).
Pub. L. 102–375, § 102(b)(1)(A), substituted “Administration” for “Administration on Aging”.
Pars. (13) to (44). Pub. L. 102–375, § 102(a), added pars. (13) to (44).
1988—Par. (10). Pub. L. 100–628, § 705(1)(A), redesignated par. (8) defining “assistive technology” as (10).
Par. (11). Pub. L. 100–628, § 705(1)(A), redesignated par. (9) defining “information and referral” as (11).
Par. (12). Pub. L. 100–628, § 705(1)(B), redesignated par. (8) defining “Trust Territory of the Pacific Islands” as (12).
1987—Par. (1). Pub. L. 100–175, § 182(a), substituted “except that for purposes of subchapter IX of this chapter such term means the Secretary of Labor” for “other than for purposes of subchapter IX of this chapter”.
Par. (3). Pub. L. 100–175, § 182(b)(1)(A), substituted “means any of the several States,” for “includes” and “the Commonwealth of Puerto Rico” for “Puerto Rico”.
Par. (8). Pub. L. 100–175, § 182(b)(1)(B), added par. (8) defining “Trust Territory of the Pacific Islands”.
Pub. L. 100–175, § 146(a), added par. (8) defining “assistive technology”.
Pub. L. 100–175, § 136(a)(1), added par. (8) defining “disability”.
Par. (9). Pub. L. 100–175, § 146(a), added par. (9) defining “information and referral”.
Pub. L. 100–175, § 136(a)(1), added par. (9) defining “severe disability”.
1981—Par. (1). Pub. L. 97–115, § 2(a)(2), substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
Par. (3). Pub. L. 97–115, § 2(a)(3)(A), inserted reference to the Commonwealth of the Northern Mariana Islands.
Pars. (6), (7). Pub. L. 97–115, § 2(a)(3)(B), (C), substituted “Except for the purposes of subchapter X of this chapter, the term” for “The term”.
1978—Par. (1). Pub. L. 95–478, § 503(a)(1), inserted “, other than for purposes of subchapter IX of this chapter”.
Pars. (4) to (7). Pub. L. 95–478, § 503(a)(2), redesignated second par. (4), which was enacted by Pub. L. 94–135, § 104(b), as par. (5) and redesignated existing pars. (5) and (6) as (6) and (7), respectively.
1975—Par. (1). Pub. L. 94–135, § 114(a), substituted a period for the semicolon.
Pars. (4) to (6). Pub. L. 94–135, § 104(b), added pars. (4) to (6).
1969—Par. (3). Pub. L. 91–69 enlarged term “State” to include the Trust Territory of the Pacific Islands.
1967—Par. (2). Pub. L. 90–42, § 5(a)(1), inserted “, unless the context otherwise requires,” after “means”.
Par. (4). Pub. L. 90–42, § 5(a)(2), enlarged term nonprofit institution or organization to include nonprofit agencies.
Effective Date Of Amendment
Amendment by Pub. L. 105–244 effective
Amendment by Pub. L. 100–175 effective
Amendment by Pub. L. 95–478 effective at close of