Sec. 311. Definitions
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/bill/118/s/4120/is/section-311·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this subtitle— the terms enterprise , enterprise engaged in commerce or in the production of goods for commerce , and person have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ); and the term regular rate has the meaning given such term in section 7(e) of such Act ( 29 U.S.C. 207(e) ). In this subtitle: The term child — means an individual who is under 18 years of age; and includes an individual described in subparagraph
(A)who is— a biological, foster, or adopted child; a stepchild; a child of a domestic partner; a legal ward; or a child of a person standing in loco parentis. The term covered entity — means any person or agency who provides compensation directly or indirectly to a direct care professional for the performance of long-term care services; and includes— a person acting directly or indirectly in the interest of the entity in relation to a direct care professional; an employer of a direct care professional; and an agency that contracts with an agency to provide direct care professionals. The term Medicaid HCBS-eligible older individual means an individual who— is 60 years of age or older; and is eligible for and enrolled for medical assistance for any of the following services (whether provided on a fee-for-service, risk, or other basis) under a State Medicaid program, and includes an individual who becomes eligible for medical assistance under a State Medicaid program when removed from a waiting list: Home health care services authorized under paragraph
(7)of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ). Personal care services authorized under paragraph
(24)of such section. PACE services authorized under paragraph
(26)of such section. Home and community-based services authorized under subsections (b), (c), (i), (j), and
(k)of section 1915 of such Act ( 42 U.S.C. 1396n ), such services authorized under a waiver under section 1115 of such Act ( 42 U.S.C. 1315 ), and such services provided through coverage authorized under section 1937 of such Act ( 42 U.S.C. 1396u–7 ). Case management services authorized under section 1905(a)(19) of the Social Security Act ( 42 U.S.C. 1396d(a)(19) ) and section 1915(g) of such Act ( 42 U.S.C. 1396n(g) ). Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of such Act ( 42 U.S.C. 1396d(a)(13) ). Such other services specified by the Secretary of Health and Human Services. The term on-call shift means any time a covered entity expects a direct care professional to— be available to work; and wait to contact, or be contacted by, the covered entity, or a designee of the entity, to determine whether the direct care professional shall report to work during such time. The term parent , with respect to a direct care professional, means— a biological, foster, or adoptive parent of a direct care professional; a stepparent of a direct care professional; parent-in-law of a direct care professional; parent of a domestic partner of a direct care professional; or a legal guardian or other person who stood in loco parentis to the direct care professional when the worker was a child. The term Secretary means the Secretary of Labor. The term shared living arrangement means a living arrangement involving— not more than 2 individuals who are a person with a disability or a Medicaid HCBS-eligible older individual, except if 1 or more of the individuals are related to each other (by blood or a close association that is equivalent to a family relationship); an individual providing services for compensation and living in the private home of the recipient of such services; an individual receiving funding through a State Medicaid program or another publicly funded program; a stipend or room and board as the primary form of payment for the individual providing such services; and the individual receiving such services having the final decision regarding who is the provider of such services living with the individual, through a consumer-driven matching process that includes relationship building, person-centered planning as defined by the Administrator of the Centers for Medicare & Medicaid Services, and an assessment of individual compatibility. The term spouse has the meaning given such term by the marriage laws of the State in which the marriage was celebrated.
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- 42 USC 1396u–7
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