
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1997]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
                SUBCHAPTER I-A--INSTITUTIONALIZED PERSONS
 
Sec. 1997. Definitions

    As used in this subchapter--
    (1) The term ``institution'' means any facility or institution--
        (A) which is owned, operated, or managed by, or provides 
    services on behalf of any State or political subdivision of a State; 
    and
        (B) which is--
            (i) for persons who are mentally ill, disabled, or retarded, 
        or chronically ill or handicapped;
            (ii) a jail, prison, or other correctional facility;
            (iii) a pretrial detention facility;
            (iv) for juveniles--
                (I) held awaiting trial;
                (II) residing in such facility or institution for 
            purposes of receiving care or treatment; or
                (III) residing for any State purpose in such facility or 
            institution (other than a residential facility providing 
            only elementary or secondary education that is not an 
            institution in which reside juveniles who are adjudicated 
            delinquent, in need of supervision, neglected, placed in 
            State custody, mentally ill or disabled, mentally retarded, 
            or chronically ill or handicapped); or

            (v) providing skilled nursing, intermediate or long-term 
        care, or custodial or residential care.

    (2) Privately owned and operated facilities shall not be deemed 
``institutions'' under this subchapter if--
        (A) the licensing of such facility by the State constitutes the 
    sole nexus between such facility and such State;
        (B) the receipt by such facility, on behalf of persons residing 
    in such facility, of payments under title XVI, XVIII [42 U.S.C. 1381 
    et seq., 1395 et seq.], or under a State plan approved under title 
    XIX [42 U.S.C. 1396 et seq.], of the Social Security Act, 
    constitutes the sole nexus between such facility and such State; or
        (C) the licensing of such facility by the State, and the receipt 
    by such facility, on behalf of persons residing in such facility, of 
    payments under title XVI, XVIII [42 U.S.C. 1381 et seq., 1395 et 
    seq.], or under a State plan approved under title XIX [42 U.S.C. 
    1396 et seq.], of the Social Security Act, constitutes the sole 
    nexus between such facility and such State;

    (3) The term ``person'' means an individual, a trust or estate, a 
partnership, an association, or a corporation;
    (4) The term ``State'' means any of the several States, the District 
of Columbia, the Commonwealth of Puerto Rico, or any of the territories 
and possessions of the United States;
    (5) The term ``legislative days'' means any calendar day on which 
either House of Congress is in session.

(Pub. L. 96-247, Sec. 2, May 23, 1980, 94 Stat. 349.)

                       References in Text

    The Social Security Act, referred to in par. (2)(B), (C), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVI, XVIII, and 
XIX of the Social Security Act are classified generally to subchapters 
XVI (Sec. 1381 et seq.), XVIII (Sec. 1395 et seq.), and XIX (Sec. 1396 
et seq.) of chapter 7 of this title, respectively. For complete 
classification of this Act to the Code, see section 1305 of this title 
and Tables.


                               Short Title

    Section 1 of Pub. L. 96-247 provided: ``That this Act [enacting this 
subchapter] may be cited as the `Civil Rights of Institutionalized 
Persons Act'.''

                  Section Referred to in Other Sections

    This section is referred to in section 1997a of this title.
