Relatives--including legally responsible relatives--may be hired to provide non-personal care services when they are difficult to obtain from other sources. The rules that pertain to paying relatives to provide non-personal care services are not substantially different from the rules for obtaining such services from other sources. The relative must meet whatever provider qualifications the state may have established and charge no more than any other provider. For example, if a minor child has extensive medical needs and requires skilled nursing services, a parent who is a licensed nurse could provide the service as long as she or he meets the states provider qualifications.
Within the broad parameters of Federal policy, it is up to states to define the particular circumstances under which relatives will be paid to furnish services to participants. States can take various factors into account, including the availability of other sources for the same services, costs of family member services versus costs of purchasing such services from conventional sources, and specific circumstances with respect to participants. See Box for Minnesotas provisions regarding payment of family members.
Minnesotas Family Payment Policies65
Minnesota does not allow legally responsible relatives (i.e., spouses or parents of minor children) to be reimbursed for personal care, which they are legally obligated to provide to a spouse or child.
Additional provisions are available under the consumer-directed community supports waiver service to allow spouses and parents of minor children to provide personal support services--within state-set limits in hours, rate of pay, and scope of tasks.
The State allows services provided by other relatives or friends to be reimbursed only if: