(a) To be determined a functionally disabled elderly individual, the individual must meet at least one (1) of the following three (3) criteria as determined by a licensed medical professional:

1. (1) The individual is unable to perform either of the following:

   1. (A) At least one (1) of the three (3) activities of daily living of transferring/locomotion, eating, or toileting without extensive assistance from or total dependence upon another person; or
   2. (B) At least two (2) of the three (3) activities of daily living of transferring/locomotion, eating, or toileting without limited assistance from another person;
2. (2) The individual has a primary or secondary diagnosis of Alzheimer's disease or related dementia and is cognitively impaired so as to require substantial supervision from another individual because he or she engages in inappropriate behaviors which pose serious health or safety hazards to himself or others; or
3. (3) The individual has a diagnosed medical condition which requires monitoring or assessment at least once a day by a licensed medical professional and the condition, if untreated, would be life-threatening.

(b)

1. (1) No individual who is otherwise eligible for waiver services shall have his or her eligibility denied or terminated solely as the result of a disqualifying episodic medical condition or disqualifying episodic change of medical condition which is temporary and expected to last no more than twenty-one (21) days.
2. (2) However, that individual shall not receive waiver services or benefits when subject to a condition or change of condition which would render the individual ineligible if expected to last more than twenty-one (21) days.