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



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



(2)  Be afflicted with Alzheimer's disease or
dementia.



(b)  An individual qualifying for long-term
care services under the program shall have written certification from a
physician or osteopathic physician licensed under chapter 453 or an advanced
practice registered nurse recognized under section 457-8.5, assigned by the
board of trustees certifying that the individual requires one or more long-term
care services for the period of time during which the individual receives the
benefits under the program.  The written certification shall specify that the
individual:



(1)  Is unable to perform, without substantial
assistance from another individual, at least two of six activities of daily
living for a period of at least ninety days due to a loss of functional
capacity; or



(2)  Requires substantial supervision to protect the
individual from threats to health and safety to self or others due to severe
cognitive impairment.



(c)  The written certification required by
subsection (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).