StacksVerified U.S. regulatory reference

42 CFR §440.167

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
Unless defined differently by a State agency for purposes of a waiver granted under part 441, subpart G of this chapter—
  1. (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 individuals with intellectual disabilities, or institution for mental disease that are—
    1. (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. (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. (3)Furnished in a home, and at the State's option, in another location.
  2. (b)For purposes of this section, family member means a legally responsible relative.