Medicaid
5
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HCBS 1915(c) Waivers: A Guide for Family Caregivers to Support Loved Ones at Home

Learn about Home and Community-Based Service waivers—types of waivers, eligibility requirements, and support options to help individuals stay in their communities.
Published on
September 5, 2023
Presented by Givers
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Key Takeaways

Home and Community-Based Services (HCBS) waivers are an important part of the Medicaid program, allowing people with disabilities or chronic conditions to receive care in their homes or in their communities instead of in institutional settings. Ahead, we explore the types of HCBS waivers, services offered, eligibility requirements, and more.

What Are HCBS Waivers?

HCBS waivers offer long-term services and support to people with disabilities, older adults, and others who might otherwise need institutional care. These programs give eligible individuals more flexibility to get care at home or in their community instead of in a nursing facility or otherwise.

HCBS waivers are allowed under Section 1915(b) and 1915(c) of the Social Security Act. Unlike regular Medicaid services, which can be more rigid, HCBS waivers give states the flexibility to design programs that distribute resources in a way that best meets the needs of their residents while still controlling Medicaid costs.

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Eligibility for HCBS waivers

Eligibility for HCBS waivers varies by state but generally revolves around three key factors: level of care needed, target groups, and financial requirements.

Level of care

To qualify for an HCBS waiver, an individual must demonstrate that they need a level of care normally given in a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities (ICF/IID). The level of care is decided by a functional assessment that looks at a person's ability to complete activities of daily living like bathing, dressing, and mobility.

Target groups

HCBS waivers are designed to serve specific groups of people who need long-term care.

  • Aged or Disabled, or Both - General
    • Aged
    • Disabled (Physical)
    • Disabled (Other)
  • Ages or Disabled, or Both - Specific Recognized Subgroups
    • Brain Injury
    • HIV/AIDS
    • Medically Fragile
    • Technology Dependent
  • Intellectual Disability or Developmental Disability, or Both
    • Autism
    • Developmental Disability
    • Intellectual Disability
  • Mental Illness
    • Mental Illness
    • Serious Emotional Disturbance
Application for 1915(c) HCBS Waiver Appendix B: Participant Access and Eligibility

States can develop waivers focusing on one or more of these populations, tailoring services to their particular needs. For example, some waivers might focus on children with autism, while others might be designed to support elderly individuals who need help with personal care services.

Income and financial requirements

In most cases, an individual must first be eligible for Medicaid to qualify for an HCBS waiver. However, waivers allow states to extend Medicaid coverage to individuals who may not qualify under traditional Medicaid rules.

Like other Medicaid programs, HCBS waivers have financial eligibility requirements, though they are oftentimes more flexible than regular Medicaid, allowing individuals with slightly higher incomes to qualify.

Many states also offer "spend down" programs, where people with higher incomes can still become eligible by deducting medical expenses from their income.

Each state has its own eligibility rules, so the exact eligibility requirements really vary. Some states may have waiting lists due to funding limitations or high demand.

Types of HCBS waivers

HCBS waivers are available in different forms to serve specific groups: children, adults with disabilities, and older people.

Waivers for children with developmental disabilities

These waivers help children with developmental disabilities like autism, cerebral palsy, or Down syndrome with services including early intervention programs, specialized therapies, personal care services, and respite care for family caregivers.

Example: The IL Support Waiver for Children and Young Adults with Developmental Disabilities provides adaptive equipment, assistive technology, behavior intervention and treatment, home accessibility modifications, personal support, and more to individuals with autism, intellectual disabilities, or developmental disabilities ages 3-21 years who meet an ICF/IID level of care.

Waivers for adults with disabilities

HCBS waivers for adults with physical or intellectual disabilities offer personalized services to meet each person's unique care needs. These services are meant to make daily living easier and may include things like personal care, help finding a job, transportation, or home modifications.

Example: The NE Developmental Disabilities Day Services Waiver for Adults provides prevocational services, respite, supported employment, adult day health, assistive technology, community integration, personal emergency response system, small group vocational support, and more to individuals with autism, intellectual disabilities, or developmental disabilities ages 21 or older who meet an ICF/IID level of care.

Waivers for elderly people

HCBS waivers for older adults are designed for those who may be at risk of moving into a nursing home but wish to remain in their homes or community. People often need extra help with daily tasks as they age, like bathing, getting dressed, preparing meals, and taking medications. These waivers offer services like personal care, adult day services, respite care for family caregivers, and home meal delivery.

Example: The GA Elderly and Disabled Waiver provides adult day health, case management, out-of-home respite, occupational/physical/speech therapy in adult day health care, home-delivered meals, structured family caregiving, and more to individuals ages 65 or older and individuals with physical disabilities ages 0-64 years who meet a nursing facility level of care.
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Services offered through HCBS waivers

The goal of services offered under HCBS waivers is always to provide the right mix of supports to help people live independently in their homes and communities.

Examples of waiver services include:

  • Personal care services: These help individuals with daily activities like bathing, dressing, and eating. For those with disabilities or older adults, having a personal care aide can make all the difference in maintaining independence and avoiding institutional care.
  • Respite care: Family caregivers need breaks, too, and respite care provides temporary relief, giving them time to rest or manage personal responsibilities. Respite care can happen at home or through adult day care.
  • Home modifications: Adding things like ramps, grab bars, or stairlifts can make a home safer and more accessible for more independent living.
  • Community-based services: People with intellectual or developmental disabilities can benefit from services like supported employment, transportation, and social activities.

These are only some of the core services offered through HCBS waivers, but the list isn't exhaustive. Waivers may offer additional services like behavioral health services, assistive technology, and specialized therapies.

How HCBS waivers are funded

HCBS waivers receive funding from both federal and state Medicaid dollars,

  • Federal Medicaid funding: The federal government provides matching funds through the Federal Medical Assistance Percentage (FMAP), covering a portion of the costs for HCBS services. The matching rate varies by state.
  • State contributions: States also fund HCBS waivers and must design and submit their programs for approval by the Centers for Medicare & Medicaid Services. States decide which services to offer and how many individuals to serve based on their budgets and needs.
  • Cost-effectiveness: HCBS services must be as cost-effective as institutional care.
  • Supplemental funding: Some states may also receive grants or launch initiatives to enhance their HCBS programs, like telehealth expansions or workforce training.

How to apply for HCBS waivers

The application process for HCBS waivers involves several key steps:

  1. Initial screening: Contact your state Medicaid office or a local agency to determine your eligibility.
  2. Assessment: You or your loved one will have a functional needs assessment to evaluate the level of care needed.
  3. Care plan development: If eligible for a waiver, your personalized care plan will outline the specific services you'll receive.

The timeline for approval can vary by state but typically takes several weeks to a few months. Once approved, services begin according to the individual's plan of care. Waiting lists may exist in some states due to limited funding or capacity.

A note from Givers

We understand the importance of ensuring family caregivers and their loved ones have access to the resources and support they need. You can use our free program matching tool to find Medicaid waiver programs that offer a caregiver component for which you and your loved one.

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