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Minnesota Department of Human Services Community-Based Services Manual (CBSM)
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Paying relatives and legally responsible individuals

Page posted: 07/01/07

Page reviewed: 05/27/14

Page updated: 05/28/14

Legal authority

Federally approved BI, CAC, CADI, & DD Waiver lans, MN Stat §256B.0916, subd. 9

Definition

Legally responsible individuals are:

  • • Parents (biological and adoptive) of minor children
  • • Legal guardian, as determined by a court of law
  • • Conservator, as determined by a court of law
  • Professional guardian or conservator is:

    An individual, agency, organization or business entity that provides guardianship or conservatorship services for a fee.

    Purpose

    Legally responsible individuals and non-professional guardians and conservators may be paid to provide waiver services under certain conditions.

    Allowable

    Waiver services (excluding CDCS)

    Non-professional legal guardians and conservators of adults may be paid to provide waiver services if the legal guardian or conservator meets all of the following:

  • • Related by blood, marriage, or adoption, or if not related by blood, marriage, or adoption, is the guardian or conservator for only one participant or more than one participant if they are siblings
  • • Not otherwise responsible to provide the care or service
  • • Qualified to provide the service
  • • Employed by a qualified provider to provide the service
  • • Not otherwise a Medical Assistance (MA) enrolled provider for the service being provided.
  • Consumer directed community supports (CDCS)

    Under the category of personal assistance, the following legally responsible individuals may be paid to provide services to adults and children:

  • • Spouses
  • • Relatives
  • • Parents (biological or adoptive) of minor participants under the age of 18
  • • Non-professional legal guardians or conservators related to the participant by blood, marriage or adoption
  • • Non-professional legal guardians or conservators not related by blood, marriage or adoption when the guardianship or conservatorship responsibilities are limited to one participant or more than one participant if they are siblings
  • Please refer to Section 13 of the CDCS Lead Agency Operations Manual for specific information about paying parents of minors.

    Unallowable

    All waiver services (including CDCS)

    Professional guardians and conservators may not be paid to provide waiver services.

    Waiver services (excluding CDCS)

    For all services except CDCS, the following people may not be paid to provide waiver services to an individual:

  • • Spouses
  • • Parents of minors (related by blood, marriage or adoption)
  • Spouses

    Spouses are not legally responsible individuals, unless court ordered as the legal guardian or conservator.

    Additional resources

    CDCS Consumer Handbook

    CDCS Lead Agency Operations Manual

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    © 2017 Minnesota Department of Human Services Updated: 11/13/14 4:47 PM | Accessibility | Terms/Policy | Contact DHS | Top of Page | Updated: 11/13/14 4:47 PM