Page:United States Statutes at Large Volume 124.djvu/811

 124 STAT. 785 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(18) SELF-NEGLECT.—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. ‘‘(19) SERIOUS BODILY INJURY.— ‘‘(A) IN GENERAL.—The term ‘serious bodily injury’ means an injury— ‘‘(i) involving extreme physical pain; ‘‘(ii) involving substantial risk of death; ‘‘(iii) involving protracted loss or impairment of the function of a bodily member, organ, or mental faculty; or ‘‘(iv) requiring medical intervention such as sur- gery, hospitalization, or physical rehabilitation. ‘‘(B) CRIMINAL SEXUAL ABUSE.—Serious bodily injury shall be considered to have occurred if the conduct causing the injury is conduct described in section 2241 (relating to aggravated sexual abuse) or 2242 (relating to sexual abuse) of title 18, United States Code, or any similar offense under State law. ‘‘(20) SOCIAL.—The term ‘social’, when used with respect to a service, includes adult protective services. ‘‘(21) STATE LEGAL ASSISTANCE DEVELOPER.—The term ‘State legal assistance developer’ means an individual described in section 731 of the Older Americans Act of 1965. ‘‘(22) STATE LONG-TERM CARE OMBUDSMAN.—The term ‘State Long-Term Care Ombudsman’ means the State Long- Term Care Ombudsman described in section 712(a)(2) of the Older Americans Act of 1965. ‘‘SEC. 2012. GENERAL PROVISIONS. ‘‘(a) PROTECTION OF PRIVACY.—In pursuing activities under this subtitle, the Secretary shall ensure the protection of individual health privacy consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and applicable State and local privacy regulations. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this subtitle shall be construed to interfere with or abridge an elder’s right to practice his or her religion through reliance on prayer alone for healing when this choice— ‘‘(1) is contemporaneously expressed, either orally or in writing, with respect to a specific illness or injury which the elder has at the time of the decision by an elder who is com- petent at the time of the decision; ‘‘(2) is previously set forth in a living will, health care proxy, or other advance directive document that is validly executed and applied under State law; or ‘‘(3) may be unambiguously deduced from the elder’s life history. 42 USC 1397j–1.