Chronically ill individual Sample Clauses
The 'Chronically ill individual' clause defines the criteria under which a person is considered chronically ill for the purposes of the agreement or applicable law. Typically, this involves specifying that the individual must be unable to perform certain daily living activities or require substantial supervision due to a severe cognitive impairment. This clause is often used in contexts such as long-term care insurance or tax-advantaged accounts to determine eligibility for benefits or special treatment. Its core function is to provide a clear, objective standard for identifying individuals who qualify as chronically ill, thereby ensuring consistent application and preventing ambiguity or disputes over eligibility.
Chronically ill individual. (A) In general
(i) being unable to perform (without sub- stantial assistance from another individ- ual) at least 2 activities of daily living for a period of at least 90 days due to a loss of functional capacity,
(ii) having a level of disability similar (as determined under regulations pre- scribed by the Secretary in consultation with the Secretary of Health and Human Services) to the level of disability de- scribed in clause (i), or
(iii) requiring substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the preced- ing 12-month period a licensed health care practitioner has certified that such individ- ual meets such requirements.
