As used in this subchapter—
(1) The term “institution” means any facility or institution—
(B) which is—
(iv) for juveniles—
(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
(2) Privately owned and operated facilities shall not be deemed “institutions” under this subchapter if—
(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;
(5)
The term “legislative days” means any calendar day on which either House of Congress is in session.