Federally approved BI, CAC, CADI, DD and EW waiver plans, Minn. Stat. Ch. 245A, subd. 13, Minn. Stat §256B.0916, subd. 9, Minn. Stat. §256B.0913, Minn. Stat. §256B.0919, subd. 3, Minn. Stat. §256B.0922

Relative: For the purposes of this page, a relative is one of the following people who is related by blood, marriage or adoption:

Note: For information about spouses and parents of minors, refer to the spouses and parents of minors section on this page.

Legally responsible individual: Any of the following people:

Note: Spouses and parents of adults are not legally responsible individuals unless court-ordered as the legal guardian or conservator.

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

Under certain conditions described on this page, the following people may be paid to provide waiver services:

For all waiver services (including consumer directed community supports [CDCS]), relatives, non-professional legal guardians and conservators of adults may be paid to provide waiver services if they meet all of the following criteria:

Services licensed under Chapter 245D

There are certain services that require a 245D license. For those services, there are instances where a relative can have an exclusion from being licensed. For more information, refer to CBSM – Exclusions from Chapter 245D licensure.

County certification of relatives providing adult foster care (Elderly Waiver [EW] only)

A county may certify a person who is exempt from licensure under Minn. Stat. §245A.03, subd. 2 to provide adult foster care to a related person on EW, according to Minn. Stat. §256B.0919, subd. 3. For information about the criteria the relative must meet, refer to CBSM – Adult foster care.

The following people cannot be paid to provide waiver services:

Note: For CDCS policy information about spouses and parents of minors, refer to the spouses and parents of minors section on this page.

Relatives cannot be paid to provide:

Relatives, legally responsible individuals and non-professional guardians and conservators who are the primary caregiver cannot be paid to provide the following services when intended to provide relief or support for themselves:

Spouses and parents of minors can only be paid to provide waiver services under the CDCS service category of personal assistance. For more information, refer to CDCS – Paying a spouse or parent of a minor for personal assistance. This limitation does not apply to county-certified EW adult foster care.

Spouses and parents of minors cannot be paid to provide any other waiver services.