Chronically Ill Individual

Quick Description

A chronically ill individual is a person who meets specific legal criteria, which can be summarized as a prolonged or long-term disability, illness, or condition that inhibits daily life.

Full Description

According to the IRS's Section 7702(b), a chronically ill individual is any person who has been certified by a licensed health care practitioner as meeting one of three tests:

  1. The individual needs help with two or more activities of daily living (bathing, continence, dressing, eating, transferring, toileting) expected to last 90 days or more due to a loss of functional capacity. 

  2. The individual has a level of disability similar to the ADL level of disability as determined under regulations prescribed in consultation with the Secretary of Health and Human Services.

  3. The individual needs substantial supervision to protect themselves from threats to health and safety due to severe cognitive impairment.