Medicaid waiver
HCBS Elderly Waiver
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- Who qualifies
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Iowa residents 65 or older who are eligible for Medicaid as if they were in a medical institution, are certified as needing an intermediate or skilled level of care (assessed with the interRAI Home Care tool), and need a service the waiver covers. Every member has a case manager and a service plan.
Services are not provided while the person is an inpatient in a medical institution. Members pay any predetermined client participation toward the cost of services.
Source: Iowa Administrative Code 441, Chapter 83, Division II, HCBS Elderly Waiver Services (IAC 5/27/26, effective 7/1/26)Checked
- Can a family member be paid
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Yes. Yes. Iowa's approved Elderly Waiver says a relative or legal guardian may be paid for providing waiver services whenever they are qualified to provide them, either as your employee under the Consumer Choices Option or as an employee hired by a provider agency.
When the relative is your Consumer Choices Option employee, your case manager and interdisciplinary team decide what the relative is needed for and which activities they provide. When the relative works for a provider agency, the agency must make sure they have the skills the services need. A spouse is covered by a different answer: see below.
- Can a spouse be paid
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Depends. Depends. Iowa's own sources disagree. Iowa's approved Elderly Waiver (as of January 22, 2026) says payments may be made to any relative including a spouse, and that a person legally responsible for the member may be paid as an attendant care provider with an agency or as an employee under the Consumer Choices Option, with the service planning team deciding what care they give. Iowa's rule, 441 IAC 79.10(7), effective July 1, 2026, says Medicaid money is incorrectly paid whenever the person who provided the service was the member's spouse.
The rule, Iowa Administrative Code 441-79.10(7), allows one exception, for a legal representative paid under an attendant care agreement or a Consumer Choices Option employment agreement, and it says that exception does not include the member's spouse.
- Can a legal guardian be paid
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Depends. Yes, with limits. A legal representative, such as a guardian, can be paid to provide services under an HCBS waiver attendant care agreement or a consumer choices option employment agreement. That excludes a spouse, and the parent or stepparent of a member 17 or younger.
Source: Iowa Administrative Code 441-79.10(7), Incorrect payment (effective 7/1/26)Checked
- Pay rate
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When a legal representative provides attendant care, their pay rate must be based on their skill level and may not exceed the median statewide rate for the service unless the department approves a higher rate in advance.
- Hours limit
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A legal representative who provides attendant care may not be paid for more than 40 hours of service per week, and the service plan must include a backup plan for when they cannot work.