Sec. 3. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The term activities of daily living means basic, personal, everyday activities, including tasks such as eating, toileting, grooming, dressing, bathing, and transferring. The term Aging and Disability Resource Center has the meaning given such term in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). The term apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ), including any requirement, standard, or rule promulgated under such Act.

The term appropriate committees of Congress means— the Committee on Finance of the Senate; the Committee on Health, Education, Labor, and Pensions of the Senate; the Special Committee on Aging of the Senate; the Committee on Ways and Means of the House of Representatives; the Committee on Energy and Commerce of the House of Representatives; and the Committee on Education and Workforce of the House of Representatives. The term area agency on aging has the meaning given such term in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ).

The term assisted living facility means an adult care facility that— is a residential care setting licensed and regulated by the State in which the facility is located (or, if there is no State law providing for such licensing and regulation by the State, by the municipality or other political subdivision in which the facility is located); makes available to residents supportive services to assist the residents in carrying out activities of daily living; provides 24-hour on-site monitoring, personal care planning, food services, and personal care; and may make available to residents home health care services, such as nursing and therapy; and provides dwelling units for residents, each of which may contain a full kitchen, bedroom, and bathroom, and which includes common rooms and other facilities appropriate for the provision of supportive services to the residents of the facility.

The term certified nursing assistant means a nurse aide who has completed a State-approved training and competency evaluation program. Except as provided in section 331, the term commerce has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). The term community or technical college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree, including Tribal Colleges or Universities receiving grants under section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ) that offer a 2-year program for completion of such degree and State public institutions of higher education that offer such a 2-year program.

The term developmental disability has the meaning given such term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). The term direct care professional means— a personal or home care aide; a home and community-based services worker; a direct support professional; a certified nursing assistant; a nurse aide or nursing assistant; a respite care provider; a paid family caregiver; a home health aide; a private duty nurse; or any other individual providing relevant services (as determined by the Secretary of Health and Human Services) for compensation, in the course of the profession of such individual, at a long-term care setting to a resident of such setting.

The term direct care professional manager means a person who is a manager, or supervisory staff, with coaching, training, managerial, supervisory, or other oversight responsibilities of direct care professionals. The term direct care professional workforce means the broad workforce of direct care professionals across all long-term care settings. The term disability , except as provided in paragraph (10), has the meaning given such term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ).

The term domestic partner , with respect to an individual, means another individual with whom the individual is in a committed relationship. The term committed relationship for purposes of subparagraph (A)— means a relationship between 2 individuals, each at least 18 years of age, in which both individuals share responsibility for a significant measure of each other’s common welfare; and includes any such relationship between 2 individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership.

The term employ has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). Except as provided in section 331, the terms employee and employer have the meanings given such terms in section 3 of such Act. The term home and community-based services means any of the following (whether provided on a fee-for-service, risk, or other basis): 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 home and community-based services setting means a setting where home and community-based services authorized under State options described in subsection

(c)or

(i)of section 1915 of the Social Security Act ( 42 U.S.C. 1396n ) or, as relevant, demonstration projects authorized under section 1115 of such Act ( 42 U.S.C. 1315 ), are provided to individuals enrolled for medical assistance under a State plan under title XIX (or under a waiver of such a plan). The term home and community-based services worker — means an individual who provides home and community-based services for compensation; and may include individuals described in subparagraph

(A)who are physical therapists, occupational therapists, or speech or language therapists. The terms Indian Tribe and Tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term institution of higher education means— an institution of higher education defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); or an institution of higher education defined in section 102(a)(1)(B) of such Act ( 20 U.S.C. 1002(a)(1)(B) ). The term instrumental activities of daily living means tasks that are not necessary for fundamental functioning, but allow an individual to live independently in a community of daily living. Such tasks include— housekeeping and room cleaning; meal preparation; taking medications; laundry; transportation; shopping for groceries, clothing, or other items; managing communications, such as using the telephone; managing finances; writing letters; and obtaining appointments. The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term long-term care services means any services provided by a direct care professional in a long-term care setting. The term long-term care setting means— a nursing home; a home and community-based services setting; an assisted living facility; an intermediate care facility; a State home, as defined in section 101(19) of title 38, United States Code; a Tribal nursing home operated pursuant to an Indian health program (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )); a private home; a respite setting; or any other setting in which an individual provides relevant services (as determined by the Secretary of Health and Human Services), in the course of the profession of such individual, to a resident of such setting. The term Medicaid program means, with respect to a State, the State program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) (including any waiver or demonstration under such title or under section 1115 of such Act ( 42 U.S.C. 1315 ) relating to such title). The term nurse aide has the meaning given such term in section 1919(b)(5) of the Social Security Act ( 42 U.S.C. 1396r(b)(5) ). The term nursing assistant means an individual who provides or assists with the basic care or support of a patient under the direction of onsite licensed nursing staff, which may include performing duties such as— monitoring of the health status, feeding, bathing, dressing, grooming, toileting, or ambulation of patients or residents in a health facility or nursing home; and medication administration and other health-related tasks of patients in a health facility or nursing home. The term nursing home means— a nursing facility as defined in section 1919(a) of the Social Security Act ( 42 U.S.C. 1396r(a) ); or a skilled nursing facility as defined in section 1819(a) of such Act ( 42 U.S.C. 1395i–3(a) ). The term older individual has the meaning given the term in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). The term personal or home care aide means an individual who helps older individuals and people with serious illness, physical disability, cognitive impairment (including Alzheimer’s disease or other dementias, a developmental disability, or another disability involving a mental impairment) to live in their own home or a residential care facility (such as a nursing home, assisted living facility, or any other facility the Secretary of Health and Human Services determines appropriate that is not described in subparagraph (B)(i)) by providing personal care services for compensation. For purposes of subparagraph (A), the term personal care services means assistance or services— provided to an individual who is not an inpatient or resident of a hospital or institution for mental disease; and that enable the recipient to accomplish activities of daily living or instrumental activities of daily living. The term secondary school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term self-directed care professional (also known as an independent provider )— means a direct care professional who is employed by an individual who is an older individual, a person with a disability, or a representative of such older individual or person with a disability, and such older individual or person with a disability has the decision-making authority over certain supports and services provided by the direct care professional and takes direct responsibility to manage those supports and services; and includes paid family caregivers. The term State , except as otherwise provided in this Act, has the meaning given such term for purposes of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). The term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term urban Indian organization has the meaning given the term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). The terms career pathway , career planning , in-demand industry sector or occupation , individual with a barrier to employment , local board , on-the-job training , recognized postsecondary credential , region , and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). The term work-based learning has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ).

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