102 STAT. 3080 PUBLIC LAW 100-607—NOV. 4, 1988

"(B) being able to avoid long-term or repeated care as an
jnpatient or resident in a hospital, nursing facility, or other
institution if home and community-based health services
are provided to the individual.

"(3) The term 'chronically dependent' means, with respect to
an individual, that the individual has been certified by a physi-
cian as—

"(A) being unable to perform, because of physical or
cognitive impairment (without substantial assistance from
another individual) arising from infection with the etiologic
agent for acquired immune deficiency syndrome, at least 2
of the following activities of daily living: bathing, dressing,
toileting, transferring, and eating, or

"(B) having a similar level of disability due to cognitive
impairment (as defined by the Secretary),
"(d) HOME AND COMMUNITY-BASED HEALTH SERVICES DEFINED.—
For purposes of this part, the term 'home and community-based
health services'—

"(1) means, with respect to an eligible individual, skilled
health services furnished to the individual in the individual's
home pursuant to a written plan of care established by a health
care professional for the provision of such services and items
and services described in paragraph (2);
"(2) includes—

"(A) durable medical equipment,

"(B) homemaker/home health aide services and personal
care services furnished in the individual's home,

"(C) day treatment or other partial hospitalization
services,

"(D) home intravenous drug therapy (including prescrip-
tion drugs administered intravenously as part of such ther-
apv), and

'(E) routine diagnostic tests administered in the individ-
ual's home,
furnished pursuant to such plan of care; but

"(3) does not include, except as specifically provided in para-
graph (2)—

"(A) diagnostic tests,
"(B) inpatient hospital services,
"(C) nursing facility services, and
"(D) prescription drugs.

42 USC 300dd-l. "SEC. 2402. PROVISIONS WITH RESPECT TO CARRYING OUT PURPOSE OP

GRANTS.

"(a) REQUIRED USES OF FUNDS.—The Secretary may not make
payments under section 2401(a) unless the State involved agrees
that the State will—^

"(1) provide for home and community-based health services
for eligible individuals pursuant to written plans of care estab-
lished by health care professionals for providing such services to
such individuals;

"(2) provide for the identification, location, and provision of
outreach to eligible individuals;

"(3) provide for coordinating the provision of services under
this part with the provision of similar or related services by
public and private entities; and