[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1321.3]



[Page 207-208]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1321_GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING--Table of 

Contents

 

                         Subpart A_Introduction

 

Sec. 1321.3  Definitions.



    Act means the Older Americans Act of 1965 as amended.

    Altering or renovating, as used in section 307(a)(14) of the Act 

with respect to multipurpose senior centers, means making modifications 

to or in connection with an existing facility which are necessary for 

its effective use as a center. These may include renovation, repair, or 

expansion which is not in excess of double the square footage of the 

original facility and all physical improvements.

    Constructing, as used in section 307(a)(14) of the Act with respect 

to multipurpose senior centers, means building a new facility, including 

the costs of land acquisition and architectural and engineering fees, or 

making modifications to or in connection with an existing facility which 

are in excess of double the square footage of the original facility and 

all physical improvements.

    Department means the Department of Health and Human Services.

    Direct services, as used in this part, means any activity performed 

to provide services directly to an individual older person by the staff 

of a service provider, an area agency, or a State agency in a single 

planning and service area State.

    Fiscal year, as used in this part, means the Federal Fiscal Year.

    Frail, as used in this part, means having a physical or mental 

disability, including having Alzheimer's disease or a related disorder 

with neurological or organic brain dysfunction, that restricts the 

ability of an individual to perform normal daily tasks or which 

threatens the capacity of an individual to live independently.

    Human services, as used in Sec. 1321.41(a)(1) of this part, with 

respect to criteria for designation of a statewide planning and service 

area, means social, health, or welfare services.

    In-home service, as used in this part, includes: (a) Homemaker and 

home health aides; (b) visiting and telephone reassurance; (c) chore 

maintenance; (d) in-home respite care for families, including adult day 

care as a respite service for families; and (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 other programs, 

except that not more than $150 per client may be expended under this 

part for such modification.

    Means test, as used in the provison of services, means the use of an 

older person's income or resource to deny or limit that person's receipt 

of services under this part.

    Official duties, as used in section 307(a)(12)(J) of the Act with 

respect to representatives of the Long-Term Care Ombudsman Program, 

means work pursuant to the Long-Term Care Ombudsman Program authorized 

by the Act or State law and carried out under the auspices and general 

direction of the State Long-Term Care Ombudsman.

    Periodic, as used in sections 306(a)(6) and 307(a)(8) of the Act 

with respect to evaluations of, and public hearings on, activities 

carried out under State and area plans, means, at a minimum, once each 

fiscal year.

    Reservation, as used in section 305(b)(4) of the Act with respect to 

the designation of planning and service areas, means any federally or 

State recognized Indian tribe's reservation, pueblo, or colony, 

including former reservations in Oklahoma, Alaskan Native



[[Page 208]]



regions established pursuant to the Alaska Native Claims Settlement Act 

(85 Stat. 688), and Indian allotments.

    Service provider, as used in section 306(a)(1) of the Act with 

respect to the provison of supportive and nutrition services, means an 

entity that is awarded a subgrant or contract from an area agency to 

provide services under the area plan.

    Severe disability, as used to carry out the provisions of the Act, 

means a severe chronic disability attributable to mental and/or physical 

impairment of an individual that:

    (a) Is likely to continue indefinitely; and

    (b) Results in substantial functional limitation in 3 or more of the 

following major life activities:

    (1) Self-care,

    (2) Receptive and expressive language,

    (3) Learning,

    (4) Mobility,

    (5) Self-direction,

    (6) Capacity for independent living, and

    (7) Economic self-sufficiency.