Notice Regarding Updated E&D Waiver Policy for Relatives as Direct Care Workers (DCWs)

What this rule requires your agency to do

• 1All DCWs must comply with the new waiver requirements after the COVID Appendix K flexibilities expired on 11/10/2023; providers relying on the flexibilities through that date had to document the need and the plan for full compliance in the member's file.(Notice Regarding Updated E&D Waiver Policy for Relatives as Direct Care Workers (DCWs))
• 2Payment to a non-legally responsible relative is allowed only when: the selected relative is qualified to provide services as specified in Appendix C-1/C-3; the participant or another designated representative is available to sign verifying services were rendered by the selected relative; and the selected relative agrees to render services in accordance with the scope, limitations and professional requirements of the service during their designated hours.(Notice Regarding Updated E&D Waiver Policy for Relatives as Direct Care Workers (DCWs))
• 3Effective 7/1/2023, all direct care services (personal care and in-home respite) must be provided in compliance with the updated Appendix C-2-e "Other Policy" language of the E&D Waiver application.(Notice Regarding Updated E&D Waiver Policy for Relatives as Direct Care Workers (DCWs))
• 4For members receiving services from a qualifying relative, DOM recommends a "Qualifying Relative DCW Questionnaire" form be completed and maintained in the employee file to substantiate compliance.(Notice Regarding Updated E&D Waiver Policy for Relatives as Direct Care Workers (DCWs))
• 5The state does not make payments for furnishing waiver services to legal guardians or legal representatives, including spouses, parents/stepparents of minor children, conservators, guardians, individuals holding the participant's power of attorney, or those designated as the participant's SSA representative payee.(Notice Regarding Updated E&D Waiver Policy for Relatives as Direct Care Workers (DCWs))