Getting paid to care for a family member in Oklahoma
Yes.
In Oklahoma, a family member can be paid to give care through Consumer Directed Personal Assistance Services and Supports (CDPASS). Whether a spouse can be paid depends on conditions set out below with their sources.
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Medicaid waiver
ADvantage Waiver
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Who qualifies
People who are financially qualified for SoonerCare Medicaid and meet the medical level of care criteria, and who are 65 or older (including people with intellectual or developmental disabilities), or adults 19 to 64 with physical or other disabilities who do not have an intellectual disability or a cognitive impairment related to a developmental disability.
The waiver is an alternative to placement in a nursing facility. Members can choose the CDPASS option to hire their own personal assistant.
Depends.
Only by exception. Oklahoma Human Services may authorize a legally responsible spouse to be paid as a personal care provider when the member is offered a choice of providers and documentation shows one of three things: no provider in the member's area has staff available; the member's needs are so complex that the member's risk would increase unless the spouse gives the care; or it is mentally or physically detrimental for anyone else to give care, as documented by a qualified clinician such as a physician or licensed psychologist.
The paid service cannot be an activity the spouse would ordinarily perform or is responsible to perform, and the spouse keeps the unpaid family duties of primary caregiver and emergency backup. The case manager must visit at least monthly.
Depends.
Only by exception, under the same three conditions as a spouse: no provider in the area has staff available; the member's needs are so complex that the member's risk would increase without the guardian's care; or it is mentally or physically detrimental for anyone else to give care, as documented by a qualified clinician.
Under CDPASS, the member's paid provider cannot also hold an active power of attorney for the member. Oklahoma Human Services' CDPASS orientation guide (Pub. No. 10-02, revised 09/2021) says legal guardians may not serve as a CDPASS employee; this rule is the later text and allows a guardian by exception.
A spouse or legal guardian approved as a paid provider can give no more than 40 hours of services in a seven-day period, on a work schedule given to the case manager in advance.
Consumer Directed Personal Assistance Services and Supports (CDPASS)
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Who qualifies
Active ADvantage and Medically Fragile Waiver members. The member becomes the employer, hires their own personal assistant (PSA), and manages a personalized employer budget.
Yes.
Yes. Some family members can work for you as your paid employee. Spouses, legal guardians, powers of attorney and authorized representatives may not, with exceptions only for spouses in the most exceptional situations. Anyone hired must pass a background check.
The current rule, OAC 317:35-17-14, says that except through the OAC 317:30-5-761 process, family members may not be paid for ADvantage waiver services, and defines a family member for that rule as someone legally responsible for the member, such as the spouse or legal guardian. Your authorized representative cannot also be your employee.
Depends.
Only by exception. Oklahoma Human Services may authorize a legally responsible spouse to be paid as a personal care provider when the member is offered a choice of providers and documentation shows one of three things: no provider in the member's area has staff available; the member's needs are so complex that the member's risk would increase unless the spouse gives the care; or it is mentally or physically detrimental for anyone else to give care, as documented by a qualified clinician such as a physician or licensed psychologist.
An approved spouse can give no more than 40 hours of services in a seven-day period, and the case manager must visit at least monthly. The CDPASS orientation guide says exceptions for spouses are made only in the most exceptional situations.
Depends.
Depends. The rule lets Oklahoma Human Services authorize a legal guardian as a paid personal care provider by exception, under the same three conditions as a spouse. Oklahoma Human Services' older CDPASS orientation guide (revised 09/2021) says legal guardians may not serve as your employee. The rule is the governing text.
The orientation guide is DHS Pub. No. 10-02. A CDPASS provider cannot also hold an active power of attorney for the member.
Before applying, use the Provider Search tool on the ADvantage page to choose Home Care and Case Management providers in your county; you will need them for the medical eligibility assessment call. Then complete the online application for in-home assistance. If you cannot apply online, call the Medicaid Services Unit to set up a telephone application.
Consumer Directed Personal Assistance Services and Supports (CDPASS)
How to apply
If you are already an active ADvantage or Medically Fragile Waiver member, call and ask for CDPASS. If you are not a member yet, apply for the waiver first.
