§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 licensed 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; am L 2015, c 35, §44]