Medicaid
7
min read

HCBS Final Rule: How Families and Caregivers Benefit

The HCBS Final Rule empowers families with Medicaid-funded care that ensures independence, dignity, and inclusion for loved ones in community-based settings.
Published on
December 9, 2024
Updated on
July 10, 2026
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Home and community-based services (HCBS) are Medicaid programs that help people with disabilities and older adults get care at home, not in a nursing facility. Family caregivers usually provide care, but you may need to reduce your work hours or quit your job. However, if you are a family caregiver, you might be able to get paid for caring for your loved one.e and a vibrant community life.

Key Takeaways

  • Medicaid Home and community-based services (HCBS) are programs that let aging adults and adults with disabilities get care at home. 
  • HCBS programs cover personal care, adult day care, homemaker services, transportation, assistive devices, delivered meals, and nursing visits.
  • You may get paid for caregiving through a self-directed HCBS program.  
  • Find out if you qualify for home and community-based services.

What is the HCBS Final Rule?

The Centers for Medicare and Medicaid Services (CMS) created the HCBS Final Rule in 2014. It sets the rules states must follow when they use Medicaid-funded waivers to pay for care at home. 

The HCBS Final Rule focuses on independence, community, and person-centered care for people with disabilities and aging adults. The service plan is based on your loved one’s personal needs and goals. The Final Rule also promotes job options. While states are responsible for delivering services, some providers have till 2028 to comply with the Final Rule. Check the individual plan in your state

Thanks to the HCBS settings rule, your loved one stays connected to their community. They can live at home and get what they need to thrive with dignity. Their privacy is protected. Your loved one chooses what they need, like meal delivery, personal care, or a ride. And they avoid moving to a nursing home or assisted living facility. 

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What do home and community-based services cover?

The Centers for Medicare and Medicaid Services provides home and community-based services to keep your loved one at home, not in a nursing facility. Besides delivering meals and non-medical transportation, almost all states cover these important services: 

  • Personal care
  • Homemaker services
  • Skilled nursing visits
  • Adult day care
  • Respite care
  • Assistive devices 
  • Home modification

Each state has different types of assistance. Services depend on the Medicaid waiver program your loved one qualifies for. Specific states may have extra services like nutritional counseling or specialized childcare for California HIV/AIDS patients. Most states will also help your loved one continue working by providing career services or workplace accommodations. But the main goal of HCBS is to pay family caregivers so your loved one doesn’t have to live in a nursing home or assisted living facility.

Why do HCBS programs matter?

Before Medicaid home and community-based services, too many people with disabilities and aging adults ended up in nursing homes. They were isolated and lost their freedom. Families had limited options. Institutional care was usually the only choice. Now there are more options that keep your loved one in their community because of the HCBS settings rule:

  • Residential settings: Assisted living facilities help with daily activities like eating and bathing, and promote privacy and autonomy.
  • Adult day health centers: Centers offer community activities, therapy, and recreation like hobbies, pickleball or art classes.
  • Day programs: Participants learn useful job skills and receive employment assistance to lead independent lives.
  • Home-based care: Services like personal care or respite for family caregivers are provided in the home.

While Medicaid covers these services, each state manages them. State HCBS programs are different in each state.

What rights do HCBS programs protect?

Your loved one’s right to choose

Families work with care teams to develop person-centered plans based on what your loved one wants and needs. Your family member chooses where to live, their community, and how to spend their time. 

Standards where care is delivered

You know that your loved one lives in a place with:

  • A lease or a legally enforceable agreement for housing stability
  • Privacy, including lockable doors, so loved ones feel safe and respected
  • Freedom to personalize their space so it feels like home
  • Full access to food and no restrictions on visitors
  • Any restrictions on their rights are time-limited, justified, and recorded in the service plan

Your right to have a say

The public has a right to share input on how states honor the rule and care for disabled and aging adults. You also have a right to know any changes to the HCBS settings rule. This includes public updates to the home and community based services waiver programs and service plans.

How do you get paid as a family caregiver through HCBS?

Family caregivers can get paid through HCBS by enrolling in a self-directed Medicaid program. In a self-directed program, the care recipient chooses a personal care plan and who provides care, including family members and friends.

Self-directed/participant-directed

  • Medicaid pays the family caregiver by the schedule the participant chooses
  • Available in all states through at least one home and community based services waiver
  • Some states exclude spouses and legally responsible relatives
  • Programs include CDPAP, IHSS, and other self-direction waivers, depending on your state

Agency-assisted employment

  • A Medicaid-licensed agency employs caregiver through programs like Medicaid Structured Family Caregiving (SFC)
  • Agency handles taxes, benefits, scheduling and payroll so family doesn’t have to
  • Some states exclude spouses and legally responsible relatives\

Givers is a Medicaid-licensed agency. We handle the paperwork like enrollment, scheduling, payroll, and compliance, so you can focus on caring for your loved one. Whether you can get paid depends on your state and the specific Medicaid waiver your family member qualifies for. 

How to find out if you qualify for HCBS caregiver pay

  1. Check if your loved one enrolled in Medicaid or help them with the home and community-based services waiver application.

Medicaid eligibility in Ohio 

Medicaid eligibility in Georgia 

Medicaid eligibility in Connecticut 

Medicaid eligibility in Michigan

  1. Ask your state Medicaid office whether they qualify for an HCBS waiver that’s self-directed
  2. If self-direction is available, enroll as the designated caregiver to get paid
  3. Givers helps families navigate the process with no upfront costs. See caregiver pay rates in Ohio, Georgia, Connecticut, and Michigan.

See if you qualify

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Can you get paid to care for your loved one?

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Frequently Asked Questions: Home and community-based services

How do HCBS programs pay family caregivers?

Your family member chooses who will provide care through the self-directed Medicaid HCBS waiver. The Medicaid program pays the family caregiver the state’s family caregiver pay rate. 

Does every state allow family caregivers to be paid through HCBS?

All states and the District of Columbia offer at least one Medicaid program that pays family caregivers. Each state’s programs, eligibility, and caregiver pay rates are different. Some state programs may have a waiting list or limit enrollment. 

Can a spouse be paid as an HCBS caregiver?

Some state programs will pay a spouse for family caregiving. Not all states and programs allow spouses to be paid. Structured family caregiving offers the best option for spouse eligibility. 

Is getting paid through Medicaid as a family caregiver legitimate?

Yes. State Medicaid agencies pay family caregivers under CMS oversight. Givers is a Medicaid-licensed Structured Family Caregiving agency that helps families navigate enrollment into these programs.

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