42 USC 1397j - Definitions

U.S Code last checked for updates: May 14, 2024

§ 1397j.

Definitions

In this division:

(1)

Abuse

(2)

Adult protective services

The term “adult protective services” means such services provided to adults as the Secretary may specify and includes services such as—

(A)

receiving reports of adult abuse, neglect, or exploitation;

(B)

investigating the reports described in subparagraph (A);

(C)

case planning, monitoring, evaluation, and other case work and services; and

(D)

providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services.

(3)

Caregiver

(4)

Direct care

(5)

Elder

(6)

Elder justice

The term “elder justice” means—

(A)

from a societal perspective, efforts to—

(i)

prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and

(ii)

protect elders with diminished capacity while maximizing their autonomy; and

(B)

from an individual perspective, the recognition of an elder’s rights, including the right to be free of abuse, neglect, and exploitation.

(7)

Eligible entity

(8)

Exploitation

(9)

Fiduciary

The term “fiduciary”—

(A)

means a person or entity with the legal responsibility—

(i)

to make decisions on behalf of and for the benefit of another person; and

(ii)

to act in good faith and with fairness; and

(B)

includes a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee.

(10)

Grant

(11)

Guardianship

The term “guardianship” means—

(A)

the process by which a State court determines that an adult individual lacks capacity to make decisions about self-care or property, and appoints another individual or entity known as a guardian, as a conservator, or by a similar term, as a surrogate decisionmaker;

(B)

the manner in which the court-appointed surrogate decisionmaker carries out duties to the individual and the court; or

(C)

the manner in which the court exercises oversight of the surrogate decisionmaker.

(12)

Indian tribe

(A)

In general

(B)

Inclusion of Pueblo and Rancheria

(13)

Law enforcement

The term “law enforcement” means the full range of potential responders to elder abuse, neglect, and exploitation including—

(A)

police, sheriffs, detectives, public safety officers, and corrections personnel;

(B)

prosecutors;

(C)

medical examiners;

(D)

investigators; and

(E)

coroners.

(14)

Long-term care

(A)

In general

(B)

Loss of capacity for self-care

(15)

Long-term care facility

(16)

Neglect

The term “neglect” means—

(A)

the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an elder; or

(B)

self-neglect.

(17)

Nursing facility

(A)

In general

(B)

Inclusion of skilled nursing facility

(18)

Self-neglect

The term “self-neglect” means an adult’s inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including—

(A)

obtaining essential food, clothing, shelter, and medical care;

(B)

obtaining goods and services necessary to maintain physical health, mental health, or general safety; or

(C)

managing one’s own financial affairs.

(19)

Serious bodily injury

(A)

In general

The term “serious bodily injury” means an injury—

(i)

involving extreme physical pain;

(ii)

involving substantial risk of death;

(iii)

involving protracted loss or impairment of the function of a bodily member, organ, or mental faculty; or

(iv)

requiring medical intervention such as surgery, hospitalization, or physical rehabilitation.

(B)

Criminal sexual abuse

(20)

Social

(21)

State legal assistance developer

(22)

State Long-Term Care Ombudsman

(Aug. 14, 1935, ch. 531, title XX, § 2011, as added Pub. L. 111–148, title VI, § 6703(a)(1)(C), Mar. 23, 2010, 124 Stat. 782.)

cite as: 42 USC 1397j