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Rule 5160-44-32 | HCBS medicaid waiver program provider and direct care worker relationships

OhioregulationOhio Department of Medicaid (ODM)· effective 2024-01-01

What this rule requires your agency to do

  • 1A direct care worker may not provide care to a person other than the authorized individual(s) during Medicaid-billed hours, nor receive payment from any source for other activity during authorized hours.(Rule 5160-44-32 | HCBS medicaid waiver program provider and direct care worker relationships)
  • 2A parent (or combination of parents) of a minor child may be paid for a maximum of forty hours per week of care, and a spouse a maximum of forty hours per week, not exceeding assessed need, absent a granted exception.(Rule 5160-44-32 | HCBS medicaid waiver program provider and direct care worker relationships)
  • 3The PCSP must document that the conditions permitting a parent, spouse, or relative to serve as a direct care worker are met.(Rule 5160-44-32 | HCBS medicaid waiver program provider and direct care worker relationships)
  • 4Paid care by a relative with legal decision-making authority is limited to forty hours per week per relative, not exceeding assessed need, absent an exception.(Rule 5160-44-32 | HCBS medicaid waiver program provider and direct care worker relationships)
  • 5A direct care worker may not verify service provision on behalf of the individual.(Rule 5160-44-32 | HCBS medicaid waiver program provider and direct care worker relationships)
  • 6HCBS services provided by a parent of a minor child or spouse must meet extraordinary-care requirements determined through the ODM 10372 'Ohio Extraordinary Care Instrument'.(Rule 5160-44-32 | HCBS medicaid waiver program provider and direct care worker relationships)
  • 7The individual must agree to and cooperate with monthly care management contacts, with no more than sixty calendar days between in-person visits.(Rule 5160-44-32 | HCBS medicaid waiver program provider and direct care worker relationships)
  • 8A parent of a minor child or a spouse may only provide paid HCBS waiver services when no other willing and able provider is available and the department determines the individual's health and safety can be ensured.(Rule 5160-44-32 | HCBS medicaid waiver program provider and direct care worker relationships)

Applies to: cross-cutting

Governs when parents of minor children, spouses, and legal representatives may serve as paid direct care workers on Ohio HCBS waivers, including limits, conditions, and documentation.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.