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Caregiver Selection Criteria as Per Medicaid Rules

by David Cutner, Elder Law Expert
April 10, 2015

Question: If I have home care, can I select my own caregiver, or do I have to work with a Medicaid approved agency?

Answer: If you are applying for Medicaid Home Care benefits, you can select your own caregiver under the CDPAP (consumer directed) program.  Of course, you will need to be sure that your caregiver is a legal worker in the U.S., and that he or she understands that compensation will be subject to withholding and standard payroll deductions.

One important advantage of working with a Medicaid licensed agency is that it will be easier to obtain reimbursement from Medicaid for the home care costs that you incurred while the Medicaid application was pending.  If you work with an unlicensed agency or with a consumer directed caregiver, there is a high risk that your reimbursement request will be denied.

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David Cutner is one of the founders of Lamson & Cutner, P.C., a preeminent Elder Law firm in New York City and Westchester County. Mr. Cutner is known as an experienced and compassionate advocate for the elderly and disabled. Personal attention to the financial and health care needs of each client, and accurate, individualized advice, are hallmarks of the firm. Mr. Cutner helps clients achieve their goals in a cost-effective way.

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