42 C.F.R. § 440.167 : Public Health — CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES — MEDICAL ASSISTANCE PROGRAMS — SERVICES: GENERAL PROVISIONS — DEFINITIONS — Personal care services

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 individuals with intellectual disabilities, 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 C.F.R. §440.167

42 FR 47902, 9/11/1997