checks, and other appropriate oversight. Personal care aides shall be employed by an agency. To ensure sufficient number of providers, Agencies providing solely personal care services as defined in this section shall not be required to comply with Conditions of Participation (CoPs). (k) Overlap The Secretary shall develop criteria describing how model overlap will be addressed when patients are eligible for the Benefit and are otherwise participating in a payment and delivery reform model under section 1899 or through the Center for Medicare and Medicaid Innovation. The Secretary shall exclude costs of the Benefit from reconciliation in these payment and delivery reform models as appropriate to limit unintended consequences. (l) Definitions (1) Functionally disabled An individual is functionally disabled if the individual— (A) is unable to perform without substantial assistance from another individual at least 2 of the following 3 activities of daily living: toileting, transferring, and eating