To be eligible for the ADvantage Waiver Program, a person shall:

1. 1. Qualify financially for Medicaid;

2. 2. Be:

   1. a. sixty-five (65) years of age or older, or

   2. b. nineteen (19) to sixty-four (64) years of age and:

      1. (1) be a physically disabled adult, as determined by the Social Security Administration,
      2. (2) have a developmental disability; provided, the individual does not have an intellectual disability or cognitive impairment related to the developmental disability, or
      3. (3) have a clinically documented, progressive, and degenerative disease that responds to treatment and previously required hospital- or long-term-care-facility level of care to maintain the treatment regimen to prevent health deterioration;
3. 3. Be determined to meet the nursing facility institutional level of care by the Department of Human Services;
4. 4. Reside in his or her own home, a family member's home, or an assisted living center contracted with the Department of Human Services under the ADvantage Waiver Program; and
5. 5. Have needs that can be safely met with waiver services and family or community supports.

Laws 2011, HB 1363, c. 297, § 3, eff. September 1, 2011; Amended by Laws 2019, HB 2341, c. 475, § 36, eff. November 1, 2019 (superseded document available); Amended by Laws 2026, SB 1847, c. 94, § 1, emerg. eff. July 1, 2026 (superseded document available).