TRUSTS & TRANSFERS

Medicaid Family Caregiver: How Medicaid Can Pay a Family Member to Provide Care

The transfer question

Medicaid can pay a family caregiver only through state programs built on federal rules. Who can be paid, what the parent must qualify for, and the 60-month look-back.

On this page

Yes, Medicaid can pay a family member to care for a parent or partner, but only through a program the state chooses to offer. The person receiving care must qualify for Medicaid long-term care. The family member is then hired as a paid worker under a state-approved plan. Not every state allows it, and some programs do not pay spouses.

Most people facing this question are already doing the work. An adult child may be cooking, bathing, managing pills and arranging days around a parent who can no longer live alone. A wife may be caring for a husband whose needs grow each month. Along the way, the family has often given up hours at a job or dipped into savings. What they want to know is whether Medicaid will recognize that care and pay for it, and what the parent's own eligibility has to do with it.

This page explains how family-caregiver payment works under Medicaid long-term care. It covers the federal framework, how a relative becomes a paid worker, who is commonly excluded, the parent's financial and care-level eligibility, and the planning questions that arise when a family pays a relative privately.

What It Means for Medicaid to Pay a Family Caregiver

Unpaid family caregiving and paid caregiving under Medicaid are different arrangements. Unpaid care is what a family does out of love and duty, and Medicaid plays no part in it. In paid caregiving, the family member becomes a worker in a Medicaid-funded arrangement, with hours, duties and pay set under the state's rules.

Medicaid is a joint federal-state program. Federal law sets the framework. Each state designs its own program and chooses which optional services to offer. According to CMS's long-term services page, Medicaid is "the primary payer across the nation for long-term care services." It covers these services "over a continuum of settings, ranging from institutional care to community-based long-term services and supports."

Family payment usually comes through self-directed services. This is a Medicaid option that lets the person receiving care, or a representative, choose and hire their own care workers. In some programs, they also supervise those workers. Some programs allow those workers to include family members.

Two limits apply from the start. Not every state offers self-direction. And not every self-directed program in a state allows family members to be paid.

The Federal Framework: Home- and Community-Based Services Waivers

A home- and community-based services (HCBS) waiver is a state-designed program that lets Medicaid pay for care at home or in the community instead of in a nursing facility. The authority is 42 U.S.C. § 1396n(c). Under that section, the federal Secretary "may by waiver" let a state pay for home or community-based services, "other than room and board."

Those services must be "provided pursuant to a written plan of care." They are for people whom the state has found would otherwise "require the level of care provided in a hospital or a nursing facility." The statute lists services a waiver may cover, "case management services, homemaker/home health aide services and personal care services, adult day health services, habilitation services, respite care," and others the Secretary approves. Personal care is the category family caregivers most often provide.

A state must apply to the Centers for Medicare & Medicaid Services (CMS) and receive approval before a waiver takes effect. Under § 1396n(c)(3), a waiver runs for an initial three years and may be extended for five-year periods.

Within an approved waiver, a state may allow self-direction, including hiring a relative. The waiver serves the Medicaid beneficiary, meaning the person who needs care. The caregiver is the worker, not the applicant. States can also offer self-directed personal care through options in their regular Medicaid state plan rather than a waiver. Those options also depend on what each state has adopted.

Self-Directed Services: How a Family Member Becomes a Paid Caregiver

Self-direction puts the beneficiary, or an authorized representative, in charge of choosing who provides care. When the parent has dementia, the representative is often another family member.

Most self-directed programs use a fiscal intermediary, also called a fiscal/employer agent. This is a third-party organization that handles payroll, tax withholding and employment paperwork for the beneficiary. Through it, the family caregiver is paid as a formal employee rather than handed cash.

Before a relative can be paid, a state commonly requires some or all of the following, though the list varies:

  • a background check
  • completion of a state-approved training or orientation
  • enrollment as a Medicaid provider or worker
  • a written care plan approved by the state

The care plan is the document, approved by the state Medicaid agency or a managed care plan, that sets out what services the caregiver will provide and for how many hours. The federal waiver statute requires services to follow "a written plan of care." Paid hours generally track that plan, not the hours a family actually spends.

Which relatives qualify as paid workers is a separate question, covered in the next section.

Which Family Members Can Be Paid — and Common Exclusions

Programs that pay relatives differ on which relatives they pay. Adult children caring for a parent are the case this page has mostly in mind; other relatives can face more restrictions:

  • Spouses are excluded by some programs, which treat caring for a husband or wife as part of the duty of support between spouses rather than paid work; other programs allow spouses to be paid, with conditions.
  • Parents of an adult child with a disability may be paid in some states but not in others.
  • Parents of a minor child can be excluded, because caring for one's own minor child is treated as a legal duty.

These are common patterns, not national rules. Whether a particular relative can be paid depends entirely on the state's current program rules and on the specific waiver or state plan option in effect.

For a wife caring for her husband at home, this can be a hard answer to hear. Even so, a spousal exclusion from caregiver pay does not change the separate protections Medicaid gives a spouse who stays home.

Planning for Long-Term Care?

Medi-Cal and Medicaid rules are complicated, and the stakes for your family are real. Reach out, and we'll listen to your situation and help you understand your options.

Discuss Your Medicaid & Nursing Home Asset Protection OptionsCall 888-655-7006

How Medicaid Determines Whether a Beneficiary Qualifies for Home Care

Before any caregiver can be paid, the person receiving care has to qualify for Medicaid long-term care. That means meeting both the state's financial rules and its care-need rules. The overview of nursing home Medicaid eligibility covers the same two gates.

Financial eligibility looks at income and assets. A countable asset is one the state counts when deciding eligibility. An exempt asset is one it does not count, which may include the primary home (subject to equity limits), one vehicle and personal belongings. The exact list depends on the state. Federal law also bars long-term-care coverage for a person whose home equity is above a set limit, unless a spouse, a child under 21 or a blind or disabled child lives in the home.

Level of care is the second gate. The beneficiary must need a level of care that the state finds qualifies for institutional or home- and community-based services. This is usually assessed through a functional assessment.

The look-back period is the window in which the state reviews gifts and transfers for less than fair market value. Under 42 U.S.C. § 1396p(c)(1)(B)(i), it is 60 months for transfers made on or after February 8, 2006. A disqualifying transfer can cause a penalty period, a stretch of months in which Medicaid will not pay for long-term care. Under § 1396p(c)(1)(C)(i)(III), that includes waiver home care.

Waiver eligibility can carry its own criteria, and some states keep waiting lists.

State Variation: Why the Rules Differ Across the Country

Each state runs Medicaid under its own approved state plan and any waivers CMS has approved. Federal law sets the floor, and the states set the details. A program a relative in another state uses may not exist in a different state, or may work very differently.

The details that vary include:

  • whether self-directed services are offered at all
  • which family relationships can be paid
  • what training or enrollment is required
  • how many hours are covered
  • whether there is a waiting list
  • what the payment rate is

Some states run several waiver programs, each for a different group, such as older adults, adults with physical disabilities, or adults with intellectual disabilities. Each program can have its own rules on family caregivers. Program names differ too. A state may call the option consumer-directed, self-directed or participant-directed, or give it a state brand name.

The federal statute itself allows this variation. Under 42 U.S.C. § 1396n(c)(3), a waiver may set aside the usual requirements that services be available statewide and comparable for everyone. State pages on this site, such as Kentucky Medicaid planning, show how one state's figures differ from another's. The state Medicaid agency's current program information is the source that governs.

The Caregiver Agreement and Medicaid Planning Considerations

A personal care agreement, also called a caregiver agreement or personal services contract, is a written contract between the person receiving care and the family caregiver. It sets out the services, the hours and the pay. In Medicaid planning, it is used to show that money paid to a relative was for services, not a gift.

That matters because of the transfer rule. Under 42 U.S.C. § 1396p(c)(1)(A), a person who gives away assets "for less than fair market value" during the look-back can be ineligible for a period. Under § 1396p(c)(1)(E)(i), the number of months equals the total uncompensated value transferred, divided by the average monthly cost to a private patient of nursing facility care in the state (or, at the state's option, in the person's community) at the time of application.

Under § 1396p(c)(1)(D)(ii), the penalty starts on the later of two dates. One is the month of the transfer. The other is the date the person is otherwise eligible and would be receiving institutional-level care. So a gift made early in the look-back is penalized the same way as a recent one.

Without a written agreement, regular payments from a parent to an adult child may be treated as gifts. Pay for care already given, with no agreement made at the time, may be treated as a gift; whether a state accepts an agreement that covers past care depends on that state's rules. Pay at or below fair market value for comparable local care is what separates payment for services from a transfer.

A caregiver agreement does not make anyone a Medicaid-paid waiver caregiver. It is a separate tool, used when a family pays a relative privately during spend-down or planning before a nursing home. Whether an agreement holds up depends on the state's rules and how it is written.

If You'd Like to Talk Through Paying a Family Caregiver

Family caregiving sits where two sets of rules meet. One is a state's program rules on who may be paid. The other is the financial rules on what the parent owns, has given away and can keep. The facts that matter in a situation like this are the state, the care setting, the parent's assets and income, any transfers or payments to relatives inside the look-back period, whether a spouse is at home, and whether any caregiver agreement exists. This page does not cover Medicare, private long-term-care insurance, veterans' benefits or the tax treatment of caregiver pay.

A consultation about a family's Medicaid and long-term-care options is available through Medicaid Asset Protection Group. The guide to the nursing home Medicaid application explains the application process.

Planning for Long-Term Care?

Medi-Cal and Medicaid rules are complicated, and the stakes for your family are real. Reach out, and we'll listen to your situation and help you understand your options.

Discuss Your Medicaid & Nursing Home Asset Protection OptionsCall 888-655-7006

Frequently asked questions

Does Medicaid pay for private caregivers who are family members?

It can, in states that offer self-directed services under an approved waiver or state plan option. The person receiving care must qualify for Medicaid long-term care, and the relative must enroll as a worker and meet the state's requirements. Not every state allows family payment.

What are the requirements to become a paid Medicaid family caregiver?

Requirements differ by state. The care recipient must first qualify for long-term care and be enrolled in a self-directed program. States then commonly require a background check, training, Medicaid worker enrollment and a state-approved care plan.

Can a spouse be a paid Medicaid caregiver?

Often not, though some states do allow paid spousal caregivers. The answer turns entirely on the state's current program rules.

What is a Medicaid self-directed services program?

It is a Medicaid option that lets the beneficiary, or a representative, choose and direct their own care workers, sometimes including family. A fiscal intermediary usually handles payroll and tax paperwork. It exists only where the state has CMS approval for it.

What is a caregiver agreement and does Medicaid require one?

It is a written contract showing that payments from a care recipient to a relative are for services, not gifts. Medicaid does not require one for waiver caregiving. In private-pay planning, a state looks at its terms, its timing and whether the pay matches fair market value for the services. Whether it satisfies a state depends on that state's rules.

What is the Medicaid look-back period and how does it affect family caregiver payments?

Under 42 U.S.C. § 1396p(c)(1)(B)(i), the federal look-back is 60 months for transfers made on or after February 8, 2006. During that window, the state reviews transfers for less than fair market value. Undocumented payments to a relative may be treated as gifts and lead to a penalty period.

How does a family caregiver get paid through Medicaid?

In a self-directed program, payment usually runs through a fiscal intermediary. This organization processes payroll and employment paperwork for the beneficiary, so the caregiver is paid as an employee. Hours follow the state-approved care plan, and the state sets the rate.

Is there a waiting list for Medicaid home care programs?

Some states keep waiting lists for waiver programs. Under 42 U.S.C. § 1396n(c), waivers may limit who is served and need not be statewide. Whether a list exists, and how long it is, depends on the state and the program.

Reviewed by Russell E. Griffith, Esq.

California Trusts & Estates Attorney

California State Bar No. 120564

Licensed in California Since 1985

California Western School of Law