[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR440.167]



[Page 257]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 440_SERVICES: GENERAL PROVISIONS--Table of Contents

 

                          Subpart A_Definitions

 

Sec.  440.167  Personal care services.



    Unless defined differently by a State agency for purposes of a 

waiver granted under part 441, subpart G 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 the mentally retarded, 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.



[42 FR 47902, Sept. 11, 1997]