{"data":{"id":"us/42-cfr-440.167","jurisdiction":"us","citation":"42 CFR 440.167","heading":"Personal care services.","body":"Unless defined differently by a State agency for purposes of a waiver granted under part 441, subpart G of this chapter—\n(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—\n(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;\n(2) Provided by an individual who is qualified to provide such services and who is not a member of the individual's family; and\n(3) Furnished in a home, and at the State's option, in another location.\n(b) For purposes of this section, family member means a legally responsible relative.","path":["Title 42—Public Health","CHAPTER IV—CENTERS FOR MEDICARE \u0026 MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES","SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS","PART 440—SERVICES: GENERAL PROVISIONS","Subpart A—Definitions"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-42.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:11Z","sha256":"738b3302f896fbfe241423b6aeecf8c63565cc8941a027ca34d5301494e1cf82","source_id":"us-cfr","stale":true,"prev":"us/42-cfr-440.166","next":"us/42-cfr-440.168"},"notice":"GroundRules: Original legal text. Not legal advice."}