46-341. Definitions

(Rpld. 7/1/23)

In this article, unless the context otherwise requires:

1. " Department" means the department of economic security.

2. " Director" means the director of the department.

3. " Qualifying expenses" :

(a) Means those expenses that relate directly to caring for or supporting a qualifying family member.

(b) Includes:

(i) Improving or altering the individual's primary residence, whether owned or rented by the individual, to enable or assist the qualifying family member to be mobile, safe or independent.

(ii) Purchasing or leasing equipment or assistive care technology to enable or assist the qualifying family member to carry out one or more daily living activities.

(c) Does not include:

(i) Regular food, clothing or transportation expenses or gifts provided to the qualifying family member.

(ii) Ordinary household maintenance or repairs that are not directly related to and necessary for the care of the qualifying family member.

(iii) Any amount that is paid or reimbursed by insurance or by the federal government, this state or a political subdivision of this state.

4. " Qualifying family member" means an individual who meets all of the following requirements:

(a) Is at least eighteen years of age during the calendar year.

(b) Requires assistance with one or more activities of daily living as certified by a physician who is licensed pursuant to title 32, chapter 13 or 17, a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 or a physician assistant who is licensed pursuant to title 32, chapter 25.

(c) Is the individual's spouse or the individual's or spouse's child, grandchild, stepchild, parent, stepparent, grandparent, sibling, uncle or aunt, whether of the whole or half blood or by adoption.