1. (a)

   1. (1) In order to be eligible for respite care and supplemental services, i.e., personal assistance, family caregivers must be providing in-home and community care to older individuals who meet the following definition of “frail” as outlined in subparagraph (A)(i) or (B) of Section 102(28) of the Older Americans Act, 42 U.S.C. § 3002(22).

   2. (2) “Frail” means that the older individual is determined to be functionally impaired because the individual:

      1. (A) Is unable to perform at least two (2) activities of daily living without substantial human assistance, including:

2. (i) Verbal reminding;

   1. (ii) Physical cueing; or

      1. (iii) Supervision; or
      2. (B) Due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual.
3. (b) Note. This restriction does not apply to grandparents or older individuals who are relative caregivers of children not more than eighteen (18) years of age from receiving respite care and/or supplemental services.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “1-1-17”