; or (ii) a claim alleging intentional discrimination on the basis of race, color, national origin, religion, sex (including pregnancy), disability, genetic information, or age. (8) Employer The term employer — (A) means any person serving as an employer or acting directly in the interest of an employer in relation to an employee; (B) includes a public agency; and (C) does not include any labor organization (other than when acting as an employer) or any person acting in the capacity of officer or agent of such labor organization. (9) Government The term government means an agency, instrumentality, or other entity of the Federal Government, a State government (including multijurisdictional agencies, instrumentalities, and entities), a local government, or a Tribal government. (10) Gross negligence The term gross negligence means a conscious, voluntary act or omission in reckless disregard of— (A) a legal duty; (B) the consequences to another party; and (C) applicable government standards and guidance. (11) Harm The term harm includes— (A) physical and nonphysical contact that results in personal injury to an individual; and (B) economic and noneconomic losses. (12) Health care provider (A) In general The term health care provider means any person, including an agent, volunteer (subject to subparagraph (C)), contractor, employee, or other entity, who is— (i) required by Federal or State law to be licensed, registered, or certified to provide health care and is so licensed, registered, or certified (or is exempt from any such requirement); (ii) otherwise authorized by Federal or State law to provide care (including services and supports furnished in a home or community-based residential setting under the State Medicaid program or a waiver of that program)