Can a Friend or Family Member Be My Caregiver Through the Community Medicaid Program?

For those who need long term care and wish to have it provided by a family member, they can enroll in a Community Medicaid program that allows a person of their choosing to be paid to assist them with activities of daily living (“ADL”), including tasks such as bathing, dressing, eating, toileting, and light cleaning.

Who Qualifies For Community Medicaid in NY?

To be eligible for Community Medicaid, an individual must meet certain income and asset limits. Starting September 1, 2025, the applicant must show that they require physical assistance with 3 or more ADLs. The exception to the rule being that if there is a diagnosis of dementia or Alzheimer’s disease, the applicant need only show the need for supervisory assistance with 2 or more ADLs.

If the minimum needs criteria is met, personal care services can be provided through a licensed homecare agency or, in the case of a friend or family member, through the Consumer Directed Personal Assistance Program (“CDPAP”). This program allows those who need a caregiver to recruit and hire someone of their choice to assist them with daily needs.

Caregiver vs. Home Health Aide: Why Choose One Over the Other?

It can be difficult for the elderly or disabled to come to terms with needing help, and it can be even harder for them to trust strangers to care for them in the home they may have maintained for decades on their own. CDPAP allows a familiar face to provide the necessary services. Beyond having a familiar face, a CDPAP caregiver is allowed to assist with certain tasks for which a licensed home health aide cannot. These include the ability to administer medications, inject insulin shots, perform wound care, administer nutrients through a feeding tube, make medical assessments, or open mail. The CDPAP caregiver is not limited by a license.

Who Can Be a Paid Caregiver?

Most family members can serve as paid caregivers, but there are some exceptions. Spouses and parents of children under 21 may not serve as personal caregivers. You do not have to be a family member to be a paid caregiver, it can be any person including, but not limited to, siblings, friends, prior home health aides, or neighbors can also qualify.

What is the Pay Rate for CDPAP in NY?

CDPAP determines the hours of care a recipient may receive based on a Medicaid assessment evaluating medical needs. Caregivers are paid on the books directly from a Medicaid fiscal intermediary. Wages are on an hourly basis and the hourly rate usually ranges from $15 to $25 per hour depending on various factors.

This program is great for those who wish to care for elderly parents or disabled family members without having to sacrifice income which they need to support their own immediate family. An attorney familiar with planning for the elderly and disabled can help you navigate Medicaid applications and determine which programs are available to you.

By Britt Burner, Esq. and Erin Cullen, Esq.

Britt Burner, Esq. is a Managing Partner, and Erin Cullen, Esq. is an Associate Attorney at Burner Prudenti Law, P.C. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan, and East Hampton.