(a) As part of the plan to expand cost-effective community-based residential alternatives to institutional care as required pursuant to § 71-5-1411(a), the bureau of TennCare shall seek written guidance from the centers for medicare and medicaid services regarding whether a temporary family healthcare structure, as defined in § 13-7-501, may be covered in whole or in part under the program established pursuant to this part, and, if so, shall, upon appropriation by the general assembly specifically to cover temporary family healthcare structures, seek federal approval of a waiver amendment to offer such benefit to eligible older adults and persons with disabilities who choose temporary family healthcare structures in lieu of care in other settings.
(b) Any waiver approved pursuant to subsection (a) shall apply only to a person who:
(1) Meets the CHOICES 2 activities of daily living criteria;
(2) Meets financial eligibility requirements for medical assistance under this chapter; and
(3) Is either:
(A) A person with a developmental or intellectual disability, as defined in § 33-1-101, who is related to the owner or occupier of the property; or
(B) An older adult who is related to the owner or occupier of the property.
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