42 C.F.R. § 440.167 Personal care services.
Title 42 - Public Health
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]
Title 42: Public Health
PART 440—SERVICES: GENERAL PROVISIONS
Subpart A—Definitions
§ 440.167 Personal care services.