(8) "INTERMEDIATE LEVEL OF CARE", FOR PURPOSES OF PARAGRAPH
(10)(II) OF THIS SUBSECTION, INCLUDES HEALTH RELATED CARE AND SERVICES
PROVIDED TO INDIVIDUALS WHO DO NOT REQUIRE HOSPITAL OR A SKILLED LEVEL
OF NURSING FACILITY CARE BUT WHOSE MENTAL, PHYSICAL, FUNCTIONAL, OR
COGNITIVE CONDITION REQUIRES HEALTH SERVICES THAT:

(I) ARE ABOVE THE LEVEL OF ROOM AND BOARD;

(II) ARE PROVIDED ON A REGULAR BASIS; AND

(III) CAN BE MADE AVAILABLE TO THE INDIVIDUALS THROUGH
INSTITUTIONAL FACILITIES.

(11) (9) "MEDICALLY AND FUNCTIONALLY IMPAIRED" MEANS AN
INDIVIDUAL WHO IS ASSESSED BY THE DEPARTMENT TO REQUIRE FACILITY
SERVICES SERVICES PROVIDED BY A NURSING FACILITY AS DEFINED IN THIS
SECTION, AND WHO, BUT FOR THE RECEIPT OF THESE SERVICES, WOULD REQUIRE
INSTITUTIONALIZATION ADMISSION TO A NURSING FACILITY WITHIN 30 DAYS.

(10) (I) "NURSING FACILITY' MEANS A FACILITY THAT PROVIDES
SKILLED NURSING CARE AND RELATED SERVICES, REHABILITATION SERVICES, AND
HEALTH RELATED CARE AND SERVICES ABOVE THE LEVEL OF ROOM AND BOARD
NEEDED ON A REGULAR BASIS IN ACCORDANCE WITH § 1919 OF THE FEDERAL
SOCIAL SECURITY ACT.

(II) "NURSING FACILITY" INCLUDES A FACILITY THAT PROVIDES
SERVICES TO INDIVIDUALS CERTIFIED AS REQUIRING AN INTERMEDIATE LEVEL OF
CARE.

(12) (11) "PERSONAL CARE SERVICES" MEANS THOSE SERVICES AS
DEFINED IN ACCORDANCE WITH 42 C.F.R. 440.167 AND IN REGULATIONS ADOPTED BY
THE DEPARTMENT.

(13) "RESIDENTIAL SERVICES AGENCIES" MEANS THOSE SERVICE
AGENCIES AS DEFINED IN REGULATIONS ADOPTED BY THE DEPARTMENT.

(14) (12) "RESPITE CARE SERVICES" HAS THE. MEANING STATED IN
REGULATIONS ADOPTED BY THE DEPARTMENT AND INCLUDES THOSE SERVICES
PROVIDED TO INDIVIDUALS UNABLE TO CARE FOR THEMSELVES FURNISHED ON A
SHORT-TERM BASIS BECAUSE OF THE ABSENCE OR NEED FOR RELIEF OF THOSE
PERSONS NORMALLY PROVIDING THE CARE.

(13) "WAIVER" MEANS A HOME AND COMMUNITY BASED SERVICES
WAIVER UNDER § 1915(C) OF THE FEDERAL SOCIAL SECURITY ACT, SUBMITTED BY
THE DEPARTMENT TO THE HEALTH CARE FINANCING ADMINISTRATION, AS
REQUIRED BY SUBSECTIONS (B) AND (C) OF THIS SECTION.

(16) (14) "WAIVER SERVICES" MEANS THE SERVICES COVERED UNDER
AN APPROVED WAIVER THAT: