r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“foster family home” applies throughout its part
The term “foster family home” means the home of an individual or family— (i) that is licensed or approved by the State in which it is situated as a foster family home that meets the standards established for the licensing or approval; and (ii) in which a child in foster care has been placed in the care of an individual, who resides with the child and who has been licensed or approved by the State to be a foster parent— (I) that the State deems capable of adhering to the reasonable and prudent parent standard; (II) that provides 24-hour substitute care for children placed away from their parents or other caretakers; and (III) that provides the care for not more than six children in foster …
“qualified residential treatment program” applies throughout its part
the term “qualified residential treatment program” means a program that— (A) has a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral disorders or disturbances and, with respect to a child, is able to implement the treatment identified for the child by the assessment of the child required under section 675a(c) of this title ; (B) subject to paragraphs (5) and (6), has registered or licensed nursing staff and other licensed clinical staff who— (i) provide care within the scope of their practice as defined by State law; (ii) are on-site according to the treatment model referred to in …
“voluntary placement” applies throughout its part
the term “voluntary placement” means an out-of-home placement of a minor, by or with participation of a State agency, after the parents or guardians of the minor have requested the assistance of the agency and signed a voluntary placement agreement; and;
“voluntary placement agreement” applies throughout its part
the term “voluntary placement agreement” means a written agreement, binding on the parties to the agreement, between the State agency, any other agency acting on its behalf, and the parents or guardians of a minor child which specifies, at a minimum, the legal status of the child and the rights and obligations of the parents or guardians, the child, and the agency while the child is in placement.
“applicable child” applies in that section
the term “applicable child” means a child for whom an adoption assistance agreement is entered into under this section during any fiscal year described in subparagraph (B) if the child attained the applicable age for that fiscal year before the end of that fiscal year. (B) Applicable age For purposes of subparagraph (A), the applicable age for a fiscal year is as follows: In the case of fiscal year: The applicable age is: 2010 16 2011 14 2012 12 2013 10 2014 8 2015 6 2016 4 2017 through 2023 2 2024 2 (or, in the case of a child for whom an adoption assistance agreement is entered into under this section on or after July 1, 2024 , any age) 2025 or thereafter any age.
“nonrecurring adoption expenses” applies throughout its part
the term “nonrecurring adoption expenses” means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal adoption of a child with special needs and which are not incurred in violation of State or Federal law. (B) A State’s payment of nonrecurring adoption expenses under an adoption assistance agreement shall be treated as an expenditure made for the proper and efficient administration of the State plan for purposes of section 674(a)(3)(E) of this title .
“base rate of foster child adoptions” applies in that section
The term “base rate of foster child adoptions” means, with respect to a State and a fiscal year, the lesser of— (A) the foster child adoption rate for the State for the then immediately preceding fiscal year; or (B) the foster child adoption rate for the State for the average of the then immediately preceding 3 fiscal years. (3) Foster child adoption
“base rate of foster child guardianships” applies in that section
The term “base rate of foster child guardianships” means, with respect to a State and a fiscal year, the lesser of— (A) the foster child guardianship rate for the State for the then immediately preceding fiscal year; or (B) the foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. (12) Foster child guardianship
“base rate of older child adoptions and older foster child guardianships” applies in that section
The term “base rate of older child adoptions and older foster child guardianships” means, with respect to a State and a fiscal year, the lesser of— (A) the older child adoption and older foster child guardianship rate for the State for the then immediately preceding fiscal year; or (B) the older child adoption and older foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. (9) Older child adoption and older foster child guardianship
“foster child adoption” applies in that section
The term “foster child adoption” means the final adoption of a child who, at the time of adoptive placement, was in foster care under the supervision of the State. (4) Pre-adolescent child adoption and pre-adolescent foster child guardianship rate
“foster child adoption rate” applies in that section
The term “foster child adoption rate” means, with respect to a State and a fiscal year, the percentage determined by dividing— (A) the number of foster child adoptions finalized in the State during the fiscal year; by (B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. (2) Base rate of foster child adoptions
“foster child guardianship” applies in that section
The term “foster child guardianship” means, with respect to a State, the exit of a child from foster care under the responsibility of the State to live with a legal guardian, if the State has reported to the Secretary— (A) that the State agency has determined that— (i) the child has been removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; (ii) being returned home or adopted are not appropriate permanency options for the child; (iii) the child demonstrates a strong attachment to the prospective legal guardian, and the prospective legal …
“foster child guardianship rate” applies in that section
The term “foster child guardianship rate” means, with respect to a State and a fiscal year, the percentage determined by dividing— (A) the number of foster child guardianships occurring in the State during the fiscal year; by (B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. (11) Base rate of foster child guardianships
“older child adoption and older foster child guardianship” applies in that section
The term “older child adoption and older foster child guardianship” means the final adoption, or the placement into foster child guardianship (as defined in paragraph (12)) of a child who has attained 14 years of age if— (A) at the time of the adoptive or foster child guardianship placement, the child was in foster care under the supervision of the State; or (B) an adoption assistance agreement was in effect under section 673(a) of this title with respect to the child. (10) Foster child guardianship rate
“older child adoption and older foster child guardianship rate” applies in that section
The term “older child adoption and older foster child guardianship rate” means, with respect to a State and a fiscal year, the percentage determined by dividing— (A) the number of older child adoptions and older foster child guardianships finalized in the State during the fiscal year; by (B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year, who have attained 14 years of age. (8) Base rate of older child adoptions and older foster child guardianships
“pre-adolescent child adoption and pre-adolescent foster child guardianship” applies in that section
The term “pre-adolescent child adoption and pre-adolescent foster child guardianship” means the final adoption, or the placement into foster child guardianship (as defined in paragraph (12)) of a child who has attained 9 years of age but not 14 years of age if— (A) at the time of the adoptive or foster child guardianship placement, the child was in foster care under the supervision of the State; or (B) an adoption assistance agreement was in effect under section 673(a) of this title with respect to the child. (7) Older child adoption and older foster child guardianship rate
“pre-adolescent child adoption and pre-adolescent foster child guardianship rate” applies in that section
The term “pre-adolescent child adoption and pre-adolescent foster child guardianship rate” means, with respect to a State and a fiscal year, the percentage determined by dividing— (A) the number of pre-adolescent child adoptions and pre-adolescent foster child guardianships finalized in the State during the fiscal year; by (B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year, who have attained 9 years of age but not 14 years of age. (5) Base rate of pre-adolescent child adoptions and pre-adolescent foster child guardianships
“administrative review” applies throughout its part
The term “administrative review” means a review open to the participation of the parents of the child, conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review.;
“adoption assistance agreement” applies throughout its part
The term “adoption assistance agreement” means a written agreement, binding on the parties to the agreement, between the State agency, other relevant agencies, and the prospective adoptive parents of a minor child which at a minimum (A) specifies the nature and amount of any payments, services, and assistance to be provided under such agreement, and (B) stipulates that the agreement shall remain in effect regardless of the State of which the adoptive parents are residents at any given time.
“age or developmentally-appropriate” applies throughout its part
The term “age or developmentally-appropriate” means— (i) activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and (ii) in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.
“caregiver” applies throughout its part
the term “caregiver” means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed. (11);
“case plan” applies throughout its part
The term “case plan” means a written document which meets the requirements of section 675a of this title and includes at least the following: (A) A description of the type of home or institution in which a child is to be placed, including a discussion of the safety and appropriateness of the placement and how the agency which is responsible for the child plans to carry out the voluntary placement agreement entered into or judicial determination made with respect to the child in accordance with section 672(a)(1) 1 of this title.
“case review system” applies throughout its part
The term “case review system” means a procedure for assuring that— (A) each child has a case plan designed to achieve placement in a safe setting that is the least restrictive (most family like) and most appropriate setting available and in close proximity to the parents’ home, consistent with the best interest and special needs of the child, which— (i) if the child has been placed in a foster family home or child-care institution a substantial distance from the home of the parents of the child, or in a State different from the State in which such home is located, sets forth the reasons why such placement is in the best interests of the child, and (ii) if the child has been placed in foster …
“child” applies throughout its part
the term “child” means an individual who has not attained 18 years of age. (B) At the option of a State, the term shall include an individual— (i) (I) who is in foster care under the responsibility of the State; (II) with respect to whom an adoption assistance agreement is in effect under section 673 of this title if the child had attained 16 years of age before the agreement became effective; or (III) with respect to whom a kinship guardianship assistance agreement is in effect under section 673(d) of this title if the child had attained 16 years of age before the agreement became effective; (ii) who has attained 18 years of age; (iii) who has not attained 19, 20, or 21 years of age, as …
“child who is a candidate for foster care” applies throughout its part
The term “child who is a candidate for foster care” means, a child who is identified in a prevention plan under section 671(e)(4)(A) of this title as being at imminent risk of entering foster care (without regard to whether the child would be eligible for foster care maintenance payments under section 672 of this title or is or would be eligible for adoption assistance or kinship guardianship assistance payments under section 673 of this title ) but who can remain safely in the child’s home or in a kinship placement as long as services or programs specified in section 671(e)(1) of this title that are necessary to prevent the entry of the child into foster care are provided.
“foster care maintenance payments” applies throughout its part
The term “foster care maintenance payments” means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child’s personal incidentals, liability insurance with respect to a child, reasonable travel to the child’s home for visitation, and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.
“legal guardian” applies throughout its part
The term “legal guardian” means the caretaker in such a relationship. (8) (A) Subject to subparagraph (B),
“legal guardianship” applies throughout its part
The term “legal guardianship” means a judicially created relationship between child and caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decisionmaking.
“parents” applies throughout its part
The term “parents” means biological or adoptive parents or legal guardians, as determined by applicable State law.;
“reasonable and prudent parent standard” applies throughout its part
The term “reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the State to participate in extracurricular, enrichment, cultural, and social activities. (B) For purposes of subparagraph (A),
“sex trafficking victim” applies throughout its part
The term “sex trafficking victim” means a victim of— (A) sex trafficking (as defined in section 7102(10) 1 of title 22); or (B) a severe form of trafficking in persons described in section 7102(9)(A) 1 of title 22. (10);
“sibling” applies throughout its part
The term “sibling” means an individual who satisfies at least one of the following conditions with respect to a child: (A) The individual is considered by State law to be a sibling of the child. (B) The individual would have been considered a sibling of the child under State law but for a termination or other disruption of parental rights, such as the death of a parent.;
“qualified individual” applies in that section
the term “qualified individual” means a trained professional or licensed clinician who is not an employee of the State agency and who is not connected to, or affiliated with, any placement setting in which children are placed by the State. (ii) The Secretary may approve a request of a State to waive any requirement in clause (i) upon a submission by the State, in accordance with criteria established by the Secretary, that certifies that the trained professionals or licensed clinicians with responsibility for performing the assessments described in subparagraph (A) shall maintain objectivity with respect to determining the most effective and appropriate placement for a child.
“eligible applicant State” applies in that section
the term “eligible applicant State” means a State that has applied for additional funds for the fiscal year under subparagraph (A) if the Secretary determines that the State will use the funds for the purpose for which originally allotted under this section. (ii) Amount to be redistributed The amount to be redistributed to each eligible applicant State shall be the amount so made available multiplied by the State foster care ratio, (as defined in subsection (c)(4), except that, in such subsection, “all eligible applicant States (as defined in subsection (d)(5)(B)(i))” shall be substituted for “all States”).
“State” applies in that section
the term “State” includes an Indian tribe, tribal organization, or tribal consortium that receives an allotment under this section. (e) Penalties (1) Use of grant in violation of this part If the Secretary is made aware, by an audit conducted under chapter 75 of title 31 or by any other means, that a program receiving funds from an allotment made to a State under subsection (c) has been operated in a manner that is inconsistent with, or not disclosed in the State application approved under subsection (b), the Secretary shall assess a penalty against the State in an amount equal to not less than 1 percent and not more than 5 percent of the amount of the allotment.
“State foster care ratio” applies in that section
the term “State foster care ratio” means the ratio of the number of children in foster care under a program of the State in the most recent fiscal year for which the information is available to the total number of children in foster care in all States for the most recent fiscal year. (d) Use of funds (1) In general A State to which an amount is paid from its allotment under subsection (c) may use the amount in any manner that is reasonably calculated to accomplish the purposes of this section.
“early approved tribe, organization, or consortium” applies in that section
the term “early approved tribe, organization, or consortium” means an Indian tribe, tribal organization, or tribal consortium that had a plan approved under section 671 of this title in accordance with this section for any quarter of fiscal year 2010 or 2011.
“Indian tribe” applies in that section
the terms “Indian tribe” and “tribal organization” have the meanings given those terms in section 5304 of title 25 . (b) Authority Except as otherwise provided in this section, this part shall apply in the same manner as this part applies to a State to an Indian tribe, tribal organization, or tribal consortium that elects to operate a program under this part and has a plan approved by the Secretary under section 671 of this title in accordance with this section.
“tribal organization” applies in that section
the terms “Indian tribe” and “tribal organization” have the meanings given those terms in section 5304 of title 25 . (b) Authority Except as otherwise provided in this section, this part shall apply in the same manner as this part applies to a State to an Indian tribe, tribal organization, or tribal consortium that elects to operate a program under this part and has a plan approved by the Secretary under section 671 of this title in accordance with this section.
“care coordination services” applies throughout its subchapter
The term “care coordination services” means services to promote the effective and efficient organization and utilization of resources to assure access to necessary comprehensive services for children with special health care needs and their families.;
“case management services” applies throughout its subchapter
The term “case management services” means— (A) with respect to pregnant women, services to assure access to quality prenatal, delivery, and postpartum care; and (B) with respect to infants up to age one, services to assure access to quality preventive and primary care services.
“consolidated health programs” applies throughout its subchapter
The term “consolidated health programs” means the programs administered under the provisions of— (A) this subchapter (relating to maternal and child health and services for children with special health care needs), (B) section 1382d(c) of this title (relating to supplemental security income for disabled children), (C) sections 247a of this title (relating to lead-based paint poisoning prevention programs), 300b of this title (relating to genetic disease programs), 300c–11 of this title (relating to sudden infant death syndrome programs) and 300c–21 of this title (relating to hemophilia treatment centers), and (D) title VI of the Health Services and Centers Amendments of 1978 ( Public Law …
“Indian tribe” applies in that section
the term “Indian tribe” has the meaning given such term in section 1603 of title 25 ;
“low income” applies throughout its subchapter
The term “low income” means, with respect to an individual or family, such an individual or family with an income determined to be below the income official poverty line defined by the Office of Management and Budget and revised annually in accordance with section 9902(2) of this title .;
“State” applies in that section
the term “State” means each of the 50 States and the District of Columbia; and;
“territory” applies in that section
the term “territory” means Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.
“age-appropriate” applies in that section
The term “age-appropriate” means suitable (in terms of topics, messages, and teaching methods) to the developmental and social maturity of the particular age or age group of children or adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.;
“medically accurate and complete” applies in that section
The term “medically accurate and complete” means verified or supported by the weight of research conducted in compliance with accepted scientific methods and— (A) published in peer-reviewed journals, where applicable; or (B) comprising information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete.
“eligible entity” applies in that section
The term “eligible entity” means a State, an Indian Tribe, Tribal Organization, or Urban Indian Organization, Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and American Samoa. (B) Nonprofit organizations Only for purposes of awarding grants under subsection (h)(2)(B), such term shall include a nonprofit organization with an established record of providing early childhood home visitation programs or initiatives in a State or several States. (2) Eligible family
“eligible family” applies in that section
The term “eligible family” means— (A) a woman who is pregnant, and the father of the child if the father is available; or (B) a parent or primary caregiver of a child, including grandparents or other relatives of the child, and foster parents, who are serving as the child’s primary caregiver from birth to kindergarten entry, and including a noncustodial parent who has an ongoing relationship with, and at times provides physical care for, the child. (3) Indian Tribe; Tribal Organization
“Indian Tribe” applies in that section
The terms “Indian Tribe” and “Tribal Organization”, and “Urban Indian Organization” have the meanings given such terms in section 1603 of title 25 . (4) Pay for outcomes initiative
“pay for outcomes initiative” applies in that section
The term “pay for outcomes initiative” means a performance-based grant, contract, cooperative agreement, or other agreement awarded by a public entity in which a commitment is made to pay for improved outcomes achieved as a result of the intervention that result in social benefit and direct cost savings or cost avoidance to the public sector.
“Tribal Organization” applies in that section
The terms “Indian Tribe” and “Tribal Organization”, and “Urban Indian Organization” have the meanings given such terms in section 1603 of title 25 . (4) Pay for outcomes initiative
“Urban Indian Organization” applies in that section
The terms “Indian Tribe” and “Tribal Organization”, and “Urban Indian Organization” have the meanings given such terms in section 1603 of title 25 . (4) Pay for outcomes initiative
“virtual home visit” applies in that section
the term “virtual home visit” means a visit conducted solely by use of electronic information and telecommunications technologies. (E) Technical assistance If the Secretary finds that an eligible entity has not complied with the assurance described in subsection (e)(10)(C), the Secretary shall, directly or through grants, contracts, or cooperative agreements, provide the eligible entity with such technical assistance as is necessary to assist the eligible entity in doing so.
“eligible entity” applies in that section
The term “eligible entity”— (A) means a public or nonprofit private entity; and (B) includes a State or local government, public-private partnership, recipient of a grant under section 254c–8 of this title (relating to the Healthy Start Initiative), public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, public housing primary care center, or homeless health center.;
“postpartum condition” applies in that section
The term “postpartum condition” means postpartum depression or postpartum psychosis.
“Indian tribe” applies in that section
The terms “Indian tribe” and “Tribal organization” have the meanings given such terms in section 1603 of title 25 . (4) Youth
“medically accurate and complete” applies in that section
The term “medically accurate and complete” means verified or supported by the weight of research conducted in compliance with accepted scientific methods and— (A) published in peer-reviewed journals, where applicable; or (B) comprising information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. (3) Indian tribes; Tribal organizations
“personal responsibility education program” applies in that section
the term “personal responsibility education program” means a program that is designed to educate adolescents on— (i) both abstinence and contraception for the prevention of pregnancy and sexually transmitted infections, including HIV/AIDS, consistent with the requirements of subparagraph (B); and (ii) at least 3 of the adulthood preparation subjects described in subparagraph (C).
“Tribal organization” applies in that section
The terms “Indian tribe” and “Tribal organization” have the meanings given such terms in section 1603 of title 25 . (4) Youth
“youth” applies in that section
The term “youth” means an individual who has attained age 10 but has not attained age 20. (f) Appropriation For the purpose of carrying out this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, $75,000,000 for each of fiscal years 2010 through 2026, and for the period beginning on October 1, 2026 , and ending on December 31, 2026 , an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2026. Amounts appropriated under this subsection shall remain available until expended.
“Indian Tribe” applies in that section
The term “Indian Tribe” has the meaning given that term in section 5304(e) of title 25 . (2) Local government
“relative State population proportion” applies in that section
the term “relative State population proportion” means, with respect to a State, the quotient of— (A) the population of the State; and (B) the total population of all States (excluding the District of Columbia and territories specified in subsection (a)(2)(A)). (5) Relative unit of local government population proportion amount For purposes of subsection (b)(2),
“relative unit of local government population proportion amount” applies in that section
the term “relative unit of local government population proportion amount” means, with respect to a unit of local government and a State, the amount equal to the product of— (A) 45 percent of the amount of the payment determined for the State under this subsection (without regard to this paragraph); and (B) the amount equal to the quotient of— (i) the population of the unit of local government; and (ii) the total population of the State in which the unit of local government is located.
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Treasury. (4) State
“State” applies in that section
The term “State” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. (5) Tribal government
“Tribal government” applies in that section
The term “Tribal government” means the recognized governing body of an Indian Tribe.
“unit of local government” applies in that section
The term “unit of local government” means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level with a population that exceeds 500,000. (3) Secretary
“covered period” applies in that section
The term “covered period” means, with respect to a State, territory, or Tribal government, the period that— (A) begins on March 3, 2021 ; and (B) ends on the last day of the fiscal year of such State, territory, or Tribal government in which all funds received by the State, territory, or Tribal government from a payment made under this section or a transfer made under section 803(c)(4) of this title have been expended or returned to, or recovered by, the Secretary. (2) Eligible workers
“eligible workers” applies in that section
The term “eligible workers” means those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each Governor of a State or territory, or each Tribal government, may designate as critical to protect the health and well-being of the residents of their State, territory, or Tribal government. (3) Premium pay
“premium pay” applies in that section
The term “premium pay” means an amount of up to $13 per hour that is paid to an eligible worker, in addition to wages or remuneration the eligible worker otherwise receives, for all work performed by the eligible worker during the COVID–19 public health emergency. Such amount may not exceed $25,000 with respect to any single eligible worker. (4) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Treasury. (5) State
“State” applies in that section
The term “State” means each of the 50 States and the District of Columbia. (6) Territory
“territory” applies in that section
The term “territory” means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. (7) Tribal Government
“Tribal Government” applies in that section
The term “Tribal Government” means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of March 11, 2021 , pursuant to section 5131 of title 25 .
“county” applies in that section
The term “county” means a county, parish, or other equivalent county division (as defined by the Bureau of the Census). (2) Eligible workers
“eligible workers” applies in that section
The term “eligible workers” means those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each chief executive officer of a metropolitan city, nonentitlement unit of local government, or county may designate as critical to protect the health and well-being of the residents of their metropolitan city, nonentitlement unit of local government, or county. (3) First tranche amount
“First Tranche Amount” applies in that section
The term “First Tranche Amount” means, with respect to each metropolitan city for which an amount is allocated under subsection (b)(1), each State for which an amount is allocated under subsection (b)(2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under subsection (b)(3), 50 percent of the amount so allocated to such metropolitan city, State, or county (as applicable). (4) Metropolitan city
“metropolitan city” applies in that section
The term “metropolitan city” has the meaning given that term in section 5302(a)(4) of this title and includes cities that relinquish or defer their status as a metropolitan city for purposes of receiving allocations under section 5306 of this title for fiscal year 2021. (5) Nonentitlement unit of local government
“nonentitlement unit of local government” applies in that section
The term “nonentitlement unit of local government” means a “city”, as that term is defined in section 5302(a)(5) of this title , that is not a metropolitan city. (6) Premium pay
“premium pay” applies in that section
The term “premium pay” has the meaning given such term in section 802(g) of this title . (7) Second tranche amount
“Second Tranche Amount” applies in that section
The term “Second Tranche Amount” means, with respect to each metropolitan city for which an amount is allocated under subsection (b)(1), each State for which an amount is allocated under subsection (b)(2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under subsection (b)(3), an amount not to exceed 50 percent of the amount so allocated to such metropolitan city, State, or county (as applicable). (8) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Treasury. (9) State
“State” applies in that section
The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. (10) Unit of general local government
“unit of general local government” applies in that section
The term “unit of general local government” has the meaning given that term in section 5302(a)(1) of this title .
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Treasury. (2) State
“State” applies in that section
The term “State” means each of the 50 States, the District of Columbia, and Puerto Rico. (3) Tribal government
“Tribal government” applies in that section
The term “Tribal government” has the meaning given such term in section 802(g) of this title .
“eligible revenue sharing consolidated government” applies in that section
The term “eligible revenue sharing consolidated government” means a county, parish, or borough— (A) that has been classified by the Bureau of the Census as an active government consolidated with another government; and (B) for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program. (2) Eligible revenue sharing county
“eligible revenue sharing county” applies in that section
The term “eligible revenue sharing county” means— (A) a county, parish, or borough— (i) that is independent of any other unit of local government; and (ii) that, as determined by the Secretary, is the principal provider of government services for the area within its jurisdiction; and (iii) for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program; and (B) the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands. (3) Eligible Tribal government
“eligible Tribal government” applies in that section
The term “eligible Tribal government” means the recognized governing body of an eligible Tribe. (4) Eligible Tribe
“eligible Tribe” applies in that section
The term “eligible Tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of March 11, 2021 pursuant to section 5131 of title 25 . (5) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Treasury. (g) Payments to eligible revenue sharing consolidated governments (1) Payments to eligible revenue sharing consolidated governments for fiscal years 2023 and 2024 The Secretary shall allocate and pay to each eligible revenue sharing consolidated government for each of fiscal years 2023 and 2024 an amount equal to the amount that the Secretary would have allocated to such eligible revenue sharing consolidated government for fiscal year 2022 if all eligible revenue sharing consolidated governments had been treated as eligible revenue sharing counties for purposes of being eligible for payments under subsection (b)(1) for such fiscal …
“State, territory, or other governmental entity” applies in that section
the term “State, territory, or other governmental entity” means any entity to which a payment may be made directly to the entity under this subchapter other than a Tribal government, as defined in sections 801(g), 802(g), and 804(d) of this title, and an eligible Tribal government, as defined in section 805(f) of this title .
“balance ratio” applies in that section
the term “balance ratio” means, with respect to any calendar year in connection with any Trust Fund referred to in subsection (a), the ratio of— (1) the balance in such Trust Fund as of the beginning of such year, including the taxes transferred under section 401(a) of this title on the first day of such year and reduced by the outstanding amount of any loan (including interest thereon) theretofore made to such Trust Fund under section 401( l ) or 1395i(j) of this title, to (2) the total amount which (for amounts which will be paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as estimated by the Commissioner, and for amounts …
“Administration” applies in that section
The term “Administration” means the Health Resources and Services Administration. (2) Administrator
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Health Resources and Services Administration. (3) Office
“Office” applies in that section
The term “Office” means the Office of Women’s Health established under this section in the Administration. (e) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2014.
“delinquent amount” applies in that section
the term “delinquent amount” means an amount— (A) in excess of the correct amount of the payment under this subchapter; and (B) determined by the Commissioner of Social Security to be otherwise unrecoverable under this section from a person who is not a qualified individual under this subchapter. (e) Cross-program recovery of overpayments For provisions relating to the cross-program recovery of overpayments made under programs administered by the Commissioner of Social Security, see section 1320b–17 of this title .
“benefit income” applies throughout its subchapter
The term “benefit income” means any recurring payment received by a qualified individual as an annuity, pension, retirement, or disability benefit (including any veterans’ compensation or pension, workmen’s compensation payment, old-age, survivors, or disability insurance benefit, railroad retirement annuity or pension, and unemployment insurance benefit), but only if a similar payment was received by the individual from the same (or a related) source during the 12-month period preceding the month in which the individual files an application for benefits under this subchapter.
“Federal benefit rate under subchapter XVI” applies throughout its subchapter
The term “Federal benefit rate under subchapter XVI” means, with respect to any month, the amount of the supplemental security income cash benefit (not including any State supplementary payment which is paid by the Commissioner of Social Security pursuant to an agreement under section 1382e(a) of this title or section 212(b) of Public Law 93–66 ) payable under subchapter XVI for the month to an eligible individual with no income. (5) United States
“United States” applies throughout its subchapter
The term “United States” means, notwithstanding section 1301(a)(1) of this title , only the 50 States, the District of Columbia, and the Commonwealth of the Northern Mariana Islands. (6) Benefit income
“World War II” applies throughout its subchapter
The term “World War II” means the period beginning on September 16, 1940 , and ending on July 24, 1947 . (3) Supplemental security income benefit under subchapter XVI The term “supplemental security income benefit under subchapter XVI”, except as otherwise provided, includes State supplementary payments which are paid by the Commissioner of Social Security pursuant to an agreement under section 1382e(a) of this title or section 212(b) of Public Law 93–66 . (4) Federal benefit rate under subchapter XVI
“World War II veteran” applies throughout its subchapter
The term “World War II veteran” means a person who— (A) served during World War II— (i) in the active military, naval, or air service of the United States during World War II; or (ii) in the organized military forces of the Government of the Commonwealth of the Philippines, while the forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941 , including among the military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, in any case in which the service …
“program integrity activities” applies in that section
the term “program integrity activities” means initial claims review activities, eligibility review activities, benefit payments control activities, and employer liability auditing activities. (d) Additional tax attributable to reduced credits; transfer of funds (1) The Secretary of the Treasury is directed to transfer from the employment security administration account— (A) To the Federal unemployment account, an amount equal to the amount by which— (i) 100 per centum of the additional tax received under the Federal Unemployment Tax Act [ 26 U.S.C. 3301 et seq.] with respect to any State by reason of the reduced credits provisions of section 3302(c)(3) of such Act [ 26 U.S.C.
“aid to the blind” applies throughout its subchapter
the term “aid to the blind” means money payments to blind individuals who are needy, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual who is a patient in an institution for tuberculosis or mental diseases.
“Administration” applies throughout its chapter
The term “Administration” means the Social Security Administration, except where the context requires otherwise. (b) The terms “includes” and “including” when used in a definition contained in this chapter shall not be deemed to exclude other things otherwise within the meaning of the term defined.
“corporation” applies throughout its chapter
The term “corporation” includes associations, joint-stock companies, and insurance companies.;
“hospitalization” applies throughout its chapter
The terms “physician” and “medical care” and “hospitalization” include osteopathic practitioners or the services of osteopathic practitioners and hospitals within the scope of their practice as defined by State law. (8) (A) The “Federal percentage” for any State (other than Puerto Rico, the Virgin Islands, and Guam) shall be 100 per centum less the State percentage; and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the square of the per capita income of such State bears to the square of the per capita income of the United States; except that the Federal percentage shall in no case be less than 50 per centum or more than 65 per centum.
“medical care” applies throughout its chapter
The terms “physician” and “medical care” and “hospitalization” include osteopathic practitioners or the services of osteopathic practitioners and hospitals within the scope of their practice as defined by State law. (8) (A) The “Federal percentage” for any State (other than Puerto Rico, the Virgin Islands, and Guam) shall be 100 per centum less the State percentage; and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the square of the per capita income of such State bears to the square of the per capita income of the United States; except that the Federal percentage shall in no case be less than 50 per centum or more than 65 per centum.
“person” applies throughout its chapter
The term “person” means an individual, a trust or estate, a partnership, or a corporation.;
“physician” applies throughout its chapter
The terms “physician” and “medical care” and “hospitalization” include osteopathic practitioners or the services of osteopathic practitioners and hospitals within the scope of their practice as defined by State law. (8) (A) The “Federal percentage” for any State (other than Puerto Rico, the Virgin Islands, and Guam) shall be 100 per centum less the State percentage; and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the square of the per capita income of such State bears to the square of the per capita income of the United States; except that the Federal percentage shall in no case be less than 50 per centum or more than 65 per centum.
“shared health facility” applies throughout its chapter
The term “shared health facility” means any arrangement whereby— (A) two or more health care practitioners practice their professions at a common physical location; (B) such practitioners share (i) common waiting areas, examining rooms, treatment rooms, or other space, (ii) the services of supporting staff, or (iii) equipment; (C) such practitioners have a person (who may himself be a practitioner)— (i) who is in charge of, controls, manages, or supervises substantial aspects of the arrangement or operation for the delivery of health or medical services at such common physical location, other than the direct furnishing of professional health care services by the practitioners to their …
“shareholder” applies throughout its chapter
The term “shareholder” includes a member in an association, joint-stock company, or insurance company. (6) The term “Secretary”, except when the context otherwise requires, means the Secretary of Health and Human Services.;
“United States” applies throughout its chapter
The term “United States” means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the District of Columbia. (D) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe a Federal percentage for Alaska of 50 per centum and, for purposes of such promulgations, Alaska shall not be included as part of the “United States”.
“applicable agency” applies in that section
the term “applicable agency” means— (A) the Social Security Administration, with respect to matter transmitted to or obtained by such Administration or matter disclosed by such Administration, or (B) the Department of Health and Human Services, with respect to matter transmitted to or obtained by such Department or matter disclosed by such Department.
“Death Master File” applies in that section
the term “Death Master File” means information on the name, social security account number, date of birth, and date of death of deceased individuals maintained by the Commissioner of Social Security, other than information that was provided to such Commissioner under section 405(r) of this title . (e) Exemption from Freedom of Information Act requirement with respect to certain records of deceased individuals (1) In general No Federal agency shall be compelled to disclose the information described in subsection (a) to any person who is not certified under the program established under subsection (b).
“ceiling amount” applies in that section
The term “ceiling amount” means, with respect to a territory and a fiscal year, the mandatory ceiling amount with respect to the territory, reduced for the fiscal year in accordance with subsection (e), 1 and reduced by the amount of any penalty imposed on the territory under any provision of law specified in subsection (a) during the fiscal year. (3) Family assistance grant
“eligible territory” applies in that section
The term “eligible territory” means American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands. (B) Qualifying data system improvement expenditure
“family assistance grant” applies in that section
The term “family assistance grant” has the meaning given such term by section 603(a)(1)(B) of this title . (4) Mandatory ceiling amount
“mandatory ceiling amount” applies in that section
The term “mandatory ceiling amount” means— (A) $107,255,000 with respect to Puerto Rico; (B) $4,686,000 with respect to Guam; (C) $3,554,000 with respect to the Virgin Islands; and (D) $1,000,000 with respect to American Samoa. (5) Total amount expended by the territory
“Medicaid cap increase” applies in that section
The term “Medicaid cap increase” means, with respect to a specified territory and fiscal year, any increase in the amounts otherwise determined under this subsection for such territory for such fiscal year by reason of the amendments made by section 202 of division N of the Further Consolidated Appropriations Act, 2020 or by reason of the amendments made by section 5101 of the Health Extenders, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022. (ii) Specified territory
“qualifying data system improvement expenditure” applies in that section
The term “qualifying data system improvement expenditure” means an expenditure by an eligible territory to improve, update, or enhance a data system that is used by the territory to carry out an administrative activity for which Federal financial participation is available under section 1396b(a) of this title .
“specified territory” applies in that section
The term “specified territory” means Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. (10) Additional increase for Puerto Rico for fiscal year 2022 (A) In general Notwithstanding the preceding provisions of this subsection, the total amount certified for Puerto Rico for fiscal year 2022 under this subsection shall be increased by $200,000,000 if the Secretary certifies that, with respect to such fiscal year, Puerto Rico’s State plan under subchapter XIX (or a waiver of such plan) establishes a reimbursement floor, implemented through a directed payment arrangement plan, for physician services that are covered under the Medicare part B fee schedule in …
“territory” applies in that section
The term “territory” means Puerto Rico, the Virgin Islands, Guam, and American Samoa. (2) Ceiling amount
“total amount expended by the territory” applies in that section
The term “total amount expended by the territory”— (A) does not include expenditures during the fiscal year from amounts made available by the Federal Government; and (B) when used with respect to fiscal year 1995, also does not include— (i) expenditures during fiscal year 1995 under subsection (g) or (i) of section 602 of this title (as in effect on September 30, 1995 ); or (ii) any expenditures during fiscal year 1995 for which the territory (but for this section, as in effect on September 30, 1995 ) would have received reimbursement from the Federal Government.
“temporary assistance” applies in that section
the term “temporary assistance” means money payments, medical care, temporary billeting, transportation, and other goods and services necessary for the health or welfare of individuals (including guidance, counseling, and other welfare services) furnished to them within the United States upon their arrival in the United States and for such period after their arrival, not exceeding ninety days, as may be provided in regulations of the Secretary; except that assistance under this section may be furnished beyond such ninety-day period in the case of any citizen or dependent upon a finding by the Secretary that the circumstances involved necessitate or justify the furnishing of assistance …
“sex trafficking” applies in that section
the term “sex trafficking” includes the definition set forth in section 7102(10) 1 of title 22 and “severe form of trafficking in persons” described in section 7102(9)(A) 1 of title 22.
“applicable individual” applies in that section
The term “applicable individual” means— (i) an individual who is entitled to, or enrolled for, benefits under part A of subchapter XVIII or enrolled for benefits under part B of such subchapter; (ii) an individual who is eligible for medical assistance under subchapter XIX, under a State plan or waiver; or (iii) an individual who meets the criteria of both clauses (i) and (ii). (B) Applicable subchapter
“applicable subchapter” applies in that section
The term “applicable subchapter” means subchapter XVIII, subchapter XIX, or both. (5) Testing within certain geographic areas For purposes of testing payment and service delivery models under this section, the Secretary may elect to limit testing of a model to certain geographic areas.
“dual eligible individual” applies in that section
the term “dual eligible individual” means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act [ 42 U.S.C. 1395c et seq.], or enrolled for benefits under part B of title XVIII of such Act [ 42 U.S.C. 1395j et seq.], and is eligible for medical assistance under a State plan under title XIX of such Act or under a waiver of such plan.
“additional disclosable party” applies in that section
The term “additional disclosable party” means, with respect to a facility, any person or entity who— (i) exercises operational, financial, or managerial control over the facility or a part thereof, or provides policies or procedures for any of the operations of the facility, or provides financial or cash management services to the facility; (ii) leases or subleases real property to the facility, or owns a whole or part interest equal to or exceeding 5 percent of the total value of such real property; or (iii) provides management or administrative services, management or clinical consulting services, or accounting or financial services to the facility. (B) Facility
“disclosing entity” applies in that section
the term “disclosing entity” means an entity which is— (A) a provider of services (as defined in section 1395x(u) of this title , other than a fund), an independent clinical laboratory, a renal disease facility, a managed care entity, as defined in section 1396u–2(a)(1)(B) of this title , or a health maintenance organization (as defined in section 300e(a) of this title ); (B) an entity (other than an individual practitioner or group of practitioners) that furnishes, or arranges for the furnishing of, items or services with respect to which payment may be claimed by the entity under any plan or program established pursuant to subchapter V or under a State plan approved under subchapter XIX; …
“facility” applies in that section
The term “facility” means a disclosing entity which is— (i) a skilled nursing facility (as defined in section 1395i–3(a) of this title ); or (ii) a nursing facility (as defined in section 1396r(a) of this title ). (C) Managing employee
“managing employee” applies in that section
The term “managing employee” means, with respect to a facility, an individual (including a general manager, business manager, administrator, director, or consultant) who directly or indirectly manages, advises, or supervises any element of the practices, finances, or operations of the facility. (D) Organizational structure
“organizational structure” applies in that section
The term “organizational structure” means, in the case of— (i) a corporation, the officers, directors, and shareholders of the corporation who have an ownership interest in the corporation which is equal to or exceeds 5 percent; (ii) a limited liability company, the members and managers of the limited liability company (including, as applicable, what percentage each member and manager has of the ownership interest in the limited liability company); (iii) a general partnership, the partners of the general partnership; (iv) a limited partnership, the general partners and any limited partners of the limited partnership who have an ownership interest in the limited partnership which is equal to …
“person with an ownership or control interest” applies in that section
the term “person with an ownership or control interest” means, with respect to an entity, a person who— (A) (i) has directly or indirectly (as determined by the Secretary in regulations) an ownership interest of 5 per centum or more in the entity; or (ii) is the owner of a whole or part interest in any mortgage, deed of trust, note, or other obligation secured (in whole or in part) by the entity or any of the property or assets thereof, which whole or part interest is equal to or exceeds 5 per centum of the total property and assets of the entity; or (B) is an officer or director of the entity, if the entity is organized as a corporation; or (C) is a partner in the entity, if the entity is …
“disclosing part B provider” applies in that section
the term “disclosing part B provider” means any entity receiving payment on an assignment-related basis (or, for purposes of subsection (a)(3), any entity receiving payment) for furnishing items or services for which payment may be made under part B of subchapter XVIII, except that such term does not include an entity described in section 1320a–3(a)(2) of this title ;
“managing employee” applies in that section
the term “managing employee” means, with respect to a provider, a person described in section 1320a–5(b) of this title ; and;
“person with an ownership or control interest” applies in that section
the term “person with an ownership or control interest” means, with respect to a provider— (A) a person described in section 1320a–3(a)(3) of this title , or (B) a person who has one of the 5 largest direct or indirect ownership or control interests in the provider.
“managing employee” applies in that section
the term “managing employee” means, with respect to an entity, an individual, including a general manager, business manager, administrator, and director, who exercises operational or managerial control over the entity, or who directly or indirectly conducts the day-to-day operations of the entity.
“supplemental security income benefits” applies in that section
the term “supplemental security income benefits” means benefits paid or payable by the Commissioner of Social Security under subchapter XVI, including State supplementary payments under an agreement pursuant to section 1382e(a) of this title or an administration agreement under section 212(b) of Public Law 93–66 .
“disability annuity overpayment” applies in that section
the term “disability annuity overpayment” means the amount of the reduction under section 8452(a)(2) of title 5 applicable to a monthly annuity payment made to an individual pursuant to subchapter V of chapter 84 of subpart G of part III of such title due to the individual’s concurrent entitlement to a disability insurance benefit under section 423 of this title during such month.
“immediate family member” applies in that section
The term “immediate family member” means, with respect to a person— (A) the husband or wife of the person; (B) the natural or adoptive parent, child, or sibling of the person; (C) the stepparent, stepchild, stepbrother, or stepsister of the person; (D) the father-, mother-, daughter-, son-, brother-, or sister-in-law of the person; (E) the grandparent or grandchild of the person; and (F) the spouse of a grandparent or grandchild of the person.;
“member of the household” applies in that section
The term “member of the household” means, with respect to any person, any individual sharing a common abode as part of a single family unit with the person, including domestic employees and others who live together as a family unit, but not including a roomer or boarder.
“sanctioned entity” applies in that section
the term “sanctioned entity” means an entity— (i) that has been convicted of any offense described in subsection (a) or in paragraph (1), (2), or (3) of this subsection; or (ii) that has been excluded from participation under a program under subchapter XVIII or under a State health care program.
“State health care program” applies in that section
the term “State health care program” means— (1) a State plan approved under subchapter XIX, (2) any program receiving funds under subchapter V or from an allotment to a State under such subchapter, (3) any program receiving funds under division A 2 of subchapter XX or from an allotment to a State under such division, or (4) a State child health plan approved under subchapter XXI.
“agency of the United States” applies in that section
The term “agency of the United States” includes any contractor acting as a fiscal intermediary, carrier, or fiscal agent or any other claims processing agent for a Federal health care program (as so defined).;
“beneficiary” applies in that section
The term “beneficiary” means an individual who is eligible to receive items or services for which payment may be made under a Federal health care program (as so defined) but does not include a provider, supplier, or practitioner.;