Title II, SEC. 2304. DEFINITIONS. 
      For purposes of this part: 

        (1) Activity of daily living. The term ``activity of daily living'' 
      means any of the following: eating, toileting, dressing, bathing, and 
      transferring in and out of bed. 

        (2) Adult day care. The term ``adult day care'' means a program 
      providing social and health-related services during the day to six or 
      more adults with disabilities (or such smaller number as the Secretary 
      may specify in regulations) in a community group setting outside the 
      home. 

        (3) Advisory council. The term ``Advisory Council'' means the National 
      Long-Term Care Insurance Advisory Council established pursuant to section 
      2302. 

        (4) Certificate. The term ``certificate'' means a document issued to an 
      individual as evidence of such individual's coverage under a group 
      insurance policy. 

        (5) Continuing care retirement community. The term ``continuing care 
      retirement community'' means a residential community operated by a 
      private entity that enters into contractual agreements with residents 
      under which such entity guarantees, in consideration for residents' 
      purchase of or periodic payment for membership in the community, to 
      provide for such residents' future long-term care needs. 

        (6) Designated representative. The term ``designated representative'' 
      means the person designated by an insured individual (or, if such 
      individual is incapacitated, pursuant to an appropriate administrative or 
      judicial procedure) to communicate with the insurer on behalf of such 
      individual in the event of such individual's incapacitation. 

        (7) Home health care. The term ``home health care'' means medical and 
      nonmedical services including such services as homemaker services, 
      assistance with activities of daily living, and respite care provided to 
      individuals in their residences. 

        (8) Insured individual. The term ``insured individual'' means, with 
      respect to a long-term care insurance policy, any individual who has 
      coverage of benefits under such policy. 

        (9) Insurer. The term ``insurer'' means any person that offers or sells 
      an individual or group long-term care insurance policy under which such 
      person is at risk for all or part of the cost of benefits under the 
      policy, and includes any agent of such person. 

        (10) Long-term care insurance policy. The term ``long-term care 
      insurance policy'' has the meaning given that term in section 4 of the 
      NAIC Model Act, except that the last sentence of such section shall not 
      apply. 

        (11) NAIC model act. The term ``NAIC Model Act'' means the Long-Term 
      Care Insurance Model Act published by the NAIC, as amended through 
      January 1993. 

        (12) NAIC model regulation. The term ``NAIC Model Regulation'' means 
      the Long-Term Care Insurance Model Regulation published by the NAIC, as 
      amended through January 1993. 

        (13) Nursing facility. The term ``nursing facility'' means a facility 
      licensed by the State to provide to residents 

          (A) skilled nursing care and related services for residents who 
        require medical or nursing care; 

          (B) rehabilitation services for the rehabilitation of injured, 
        disabled, or sick individuals, or 

          (C) on a regular basis, health-related care and services to 
        individuals who because of their mental or physical condition require 
        care and services (above the level of room and board) which can be made 
        available to them only through institutional facilities. 

        (14) Policyholder. The term ``policyholder'' means the entity which is 
      the holder of record of a group long-term care insurance policy. 

        (15) Residential care facility. The term ``residential care facility'' 
      means a facility (including a nursing facility) that 

          (A) provides to residents medical or personal care services 
        (including at a minimum assistance with activities of daily living) in 
        a setting other than an individual or single-family home, and 

          (B) does not provide services of a higher level than can be provided 
        by a nursing facility. 

        (16) Respite care. The term ``respite care'' means the temporary 
      provision of care (including assistance with activities of daily living) 
      to an individual, in the individual's home or another setting in the 
      community, for the purpose of affording such individual's unpaid 
      caregiver a respite from the responsibilities of such care. 

        (17) State insurance commissioner. The term ``State  insurance 
      commissioner'' means the State official bearing such title, or, in the 
      case of a jurisdiction where such title is not used, the State official 
      with primary responsibility for the regulation of insurance.