Page:United States Statutes at Large Volume 120.djvu/2557

 120 STAT. 2526

PUBLIC LAW 109–365—OCT. 17, 2006 ‘‘(C) the needs, capabilities, and preferences of such individual with respect to such services, and such individual’s ability to direct and control the individual’s receipt of such services, are assessed by the area agency on aging (or other agency designated by the area agency on aging) involved; ‘‘(D) based on the assessment made under subparagraph (C), the area agency on aging (or other agency designated by the area agency on aging) develops together with such individual and the individual’s family, caregiver (as defined in paragraph (18)(B)), or legal representative— ‘‘(i) a plan of services for such individual that specifies which services such individual will be responsible for directing; ‘‘(ii) a determination of the role of family members (and others whose participation is sought by such individual) in providing services under such plan; and ‘‘(iii) a budget for such services; and ‘‘(E) the area agency on aging or State agency provides for oversight of such individual’s self-directed receipt of services, including steps to ensure the quality of services provided and the appropriate use of funds under this Act. ‘‘(52) 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. ‘‘(53) The term ‘State system of long-term care’ means the Federal, State, and local programs and activities administered by a State that provide, support, or facilitate access to long-term care for individuals in such State. ‘‘(54) The term ‘integrated long-term care’— ‘‘(A) means items and services that consist of— ‘‘(i) with respect to long-term care— ‘‘(I) long-term care items or services provided under a State plan for medical assistance under the Medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), including nursing facility services, home and community-based services, personal care services, and case management services provided under the plan; and ‘‘(II) any other supports, items, or services that are available under any federally funded long-term care program; and ‘‘(ii) with respect to other health care, items and services covered under— ‘‘(I) the Medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); ‘‘(II) the State plan for medical assistance under the Medicaid program; or ‘‘(III) any other federally funded health care program; and

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