42 CFR § 440.80
Private duty nursing services
June 11, 2020
Private duty nursing services means nursing services for beneficiaries who require more individual and continuous care than is available from a visiting nurse or routinely provided by the nursing staff of the hospital or skilled nursing facility. These services are provided—
(a) By a registered nurse or a licensed practical nurse;
(b) Under the direction of the beneficiary's physician; and
(c) To a beneficiary in one or more of the following locations at the option of the State—
(1) His or her own home;
(2) A hospital; or
(3) A skilled nursing facility.
[52 FR 47934, Dec. 17, 1987]