; and (ii) receiving such item or service during such period under such State plan, waiver, amendment, or respective section; or (B) the individual is receiving such item or service during such period pursuant to a plan of care from a home health agency under section 1861(m). (5) Nothing in this subsection shall be construed as prohibiting a home health agency from— (A) establishing a State licensed or certified or nationally accredited certified adult day services center and furnishing certified adult day services; or (B) providing services under arrangements with such a center. (6) The term post-institutional certified adult day services means certified adult day services furnished to an individual— (A) after discharge from a hospital or critical access hospital in which the individual was an inpatient for not less than 3 consecutive days before such discharge if such certified adult day services were initiated within 14 days after the date of such discharge; or (B) after discharge from a skilled nursing facility in which the individual was provided post-hospital extended care services if such certified adult day services were initiated within 14 days after the date of such discharge. (7) The term certified adult day services spell of illness with respect to any individual means a period of consecutive days— (A) beginning with the first day (not included in a previous certified adult day services spell of illness)— (i) on which such individual is furnished post-institutional certified adult day services; and (ii) which occurs in a month for which the individual is entitled to benefits under part A