Ask Mike - Live in son being an independent provider for his father

Dear Son as Provider,

Thanks for writing. There are a couple of things you should know about whether a live-in son can be a paid provider for a father. The first thing is that the Centers for Medicare & Medicaid Services (CMS), the federal Medicaid agency, has no prohibition against a live-in son being a paid personal attendant for a father. As long as the son is a working age adult and otherwise meets any standards or requirements for providers, it is perfectly OK to be a paid worker as far as the federal government is concerned.

Any problem with a live-in son being a paid provider for his father is due to state requirements. In general, standards and requirements for workers are controlled by the state, not the federal government. These vary widely from state-to-state. Some states still prohibit any family member from being paid. Other states only prohibit spouses and parents of minor children. Still others prohibit anyone who lives in the same house from being a paid provider if he/she is available i.e. not at work or regularly out of the house.

You should try to gather more information about your state to answer your question. Go to our Agencies related to PAS page and select your state (or the state in which you wish to receive services). Next, click on "State Independent Living Council and Centers for Independent Living" and try and locate a Center near you.

You could also ask the state for assistance. Follow the same instructions as above, but instead of clicking on "State Independent Living Council and Centers for Independent Living", click on "State Medicaid Agency" found just above. If you know the name of the program, our Contact Info and Descriptions for Medicaid Waivers page and select your state. All of the various programs of that state will appear.

Best of luck!

Mike Oxford