Explainer

ND Waiver for Home and Community-Based Services

Published on
August 24, 2023
Last updated
April 19, 2024
Written by
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Katie Wilkinson
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The Waiver for Home and Community-Based Services (HCBS) is a Medicaid program that provides various services to eligible individuals who need a nursing facility level of care but prefer to stay in their homes or communities to reduce the cost of long-term care by preventing or delaying institutionalization.
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Medicaid waivers allow states to provide home and community-based services (HCBS) to people who would otherwise need institutional care. These services help people live independently and avoid costly nursing homes or other facilities. Medicaid waivers also benefit family caregivers, who often provide unpaid care to their loved ones with disabilities or chronic conditions.

In this article, we explore the Waiver for Home and Community-Based Services (HCBS), also known as the Aged and Disabled Waiver or the 1915c Waiver. 

Overview of the Waiver for Home and Community-Based Services

The Waiver for Home and Community-Based Services (HCBS) is a Medicaid program that provides various services to eligible individuals who need a nursing facility level of care but prefer to stay in their homes or communities. The waiver serves two groups: those 65 or older and those 18 to 64 with physical or other disabilities.

The waiver aims to promote independence, dignity, choice, and quality of life for the participants. The waiver also seeks to reduce the cost of long-term care by preventing or delaying institutionalization. The waiver is not an entitlement program; meeting the eligibility criteria does not guarantee immediate enrollment. The waiver has limited slots, and there may be a waiting list.

The waiver is administered by the North Dakota Department of Health and Human Services (HHS) in collaboration with the Centers for Medicare and Medicaid Services (CMS). The waiver is effective from April 1, 2023, to March 31, 2028.

Eligibility Requirements

To be eligible for the Waiver for Home and Community Based Services (HCBS), an individual must meet the following criteria:

  • Be a North Dakota resident
  • Be a U.S. citizen or qualified alien
  • Be eligible for Medicaid
  • Be screened at a nursing facility level of care
  • Be capable of directing their self-care or have a representative who can do so on their behalf
  • Be at least 65 years of age or meet the criteria for Social Security disability
  • Have income below 300% of the federal benefit rate (FBR) for Supplemental Security Income (SSI) ($2,382 per month in 2023)
  • Have assets below $2,000 for an individual or $3,000 for a couple (excluding home, car, personal belongings, etc.)

Services and Supports

The Waiver for Home and Community-Based Services (HCBS) offers various services and supports that help participants live safely and comfortably in their homes or communities. The services are tailored to each individual's needs and preferences, as determined by an assessment and a person-centered service plan. The services include:

  • Adult day care: Provides supervision, socialization, meals, and activities in a group setting during the day.
  • Adult residential care: Provides room, board, personal care, supervision, and assistance with activities of daily living in a licensed facility.
  • Case management: Provides coordination, monitoring, advocacy, and linkage to resources and services.
  • Homemaker: Assists with household tasks such as cleaning, laundry, shopping, and meal preparation.
  • Residential habilitation: Provides training and support to develop skills for independent living in a residential setting.
  • Respite care: Provides temporary relief to caregivers by providing substitute care in the home or another setting.
  • Supported employment: Assists with finding and maintaining competitive employment in the community.
  • Adult foster care: Provides room, board, personal care, supervision, and help with activities of daily living in a licensed family home.
  • Chores: Assists with heavy household tasks such as yard work, snow removal, minor repairs, etc.
  • Community support service: Assists with accessing community resources and participating in social activities.
  • Community transition services: Provides one-time assistance with moving from an institution to a community setting.
  • Companionship service: Provides non-medical supervision and social interaction in the home or community.
  • Emergency response: Provides access to emergency assistance through an electronic device worn by the participant.
  • Environmental modification: Provides physical adaptations to the home or vehicle to improve accessibility and safety.
  • Extended personal care: Assists with personal care and activities of daily living beyond the state plan limit.
  • Family personal care: Assists with personal care and activities of daily living by a family member or friend who is paid as a caregiver.
  • Home-delivered meals: Provides nutritious meals delivered to the home.
  • Non-medical transportation: Provides transportation to access waiver services or other community activities.
  • Specialized equipment and supplies: Provides items necessary for the participant's health, welfare, and functioning.
  • Supervision: Provides oversight and monitoring of the participant's health and safety in the home or community.
  • Transitional living services: Provides short-term assistance with living expenses for participants who are homeless or at risk of homelessness.

Compensation for Caregivers

One of the benefits of the Waiver for Home and Community Based Services (HCBS) is that it allows participants to choose their service providers, including family members or friends. This means unpaid family caregivers can get paid for the care they provide to their loved ones under the waiver.

The service that allows this option is called family personal care. Family personal care is similar to personal care, except that the provider is a relative or friend of the participant. The provider must be at least 18, pass a background check, complete a training program, and meet other qualifications. The provider cannot be the participant's spouse, parent, or legal guardian.

The rate of pay for family personal care varies depending on the level of care needed by the participant and the location of the service. HHS determines the rates, and they are subject to change. As of 2023, the rates range from $9.50 to $15.50 per hour.

Family caregivers interested in becoming paid providers under the waiver must contact their case manager or HHS for more information and guidance. They must also follow the rules and regulations of the waiver program, such as submitting timesheets, keeping records, and reporting changes.

A Note from Givers

If you think you may be eligible for this waiver or want to learn more about it, please fill out this form, and we will get back to you as soon as possible. We are here to help you find the best care solution for your situation. 

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