§346C-8  Qualified long-term care services. (a)  To be eligible for benefit payments for long-term care services under theprogram, a qualifying individual shall:

(1)  Need assistance with two or more activities ofdaily living; or

(2)  Be afflicted with Alzheimer's disease ordementia.

(b)  An individual qualifying for long-termcare services under the program shall have written certification from aphysician or osteopathic physician licensed under chapter 453 or an advancedpractice registered nurse recognized under section 457-8.5, assigned by theboard of trustees certifying that the individual requires one or more long-termcare services for the period of time during which the individual receives thebenefits under the program.  The written certification shall specify that theindividual:

(1)  Is unable to perform, without substantialassistance from another individual, at least two of six activities of dailyliving for a period of at least ninety days due to a loss of functionalcapacity; or

(2)  Requires substantial supervision to protect theindividual from threats to health and safety to self or others due to severecognitive impairment.

(c)  The written certification required bysubsection (b) shall be subject to approval by the board of trustees. [L 2002,c 245, pt of §2; am L 2009, c 11, §46]

 

Note

 

  The 2009 amendment is retroactive to April 3, 2008.  L 2009,c 11, §76(2).