1. A. Legally responsible individuals may only be paid for services when the care is extraordinary in comparison to that of a beneficiary of the same age without a disability and the care is in the best interest of the beneficiary.

2. B. In order to receive payment, relatives must meet the criteria for the provision of the service and the same provider qualifications specified for the service as other providers not related to the beneficiary.

   1. 1. Relatives must also comply with the following requirements:

      1. a. become an employee of the beneficiary’s agency of choice and meet the same standards as direct support staff who are not related to the individual;
      2. b. become a Medicaid enrolled provider agency; or

      3. c. if the self-direction option is selected, relatives must:

         1. i. become an employee of the self-direction beneficiary; and
         2. ii. have a Medicaid provider agreement executed by the fiscal agent as authorized by the Medicaid agency.

   2. 2. Family members who may provide services include:

      1. a. parents/guardians of minor children and adult children;
      2. b. siblings;
      3. c. grandparents;
      4. d. aunts and uncles;
      5. e. cousins; and
      6. f. in-laws.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and Title XIX of the Social Security Act.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing and the Office for Citizens with Developmental Disabilities, LR 41:2168 (October 2015), amended by the Department of Health, Bureau of Health Services Financing and the Office for Citizens with Developmental Disabilities, LR 47:1527 (October 2021), LR 48:1573 (June 2022)., LR 50:1837 (December 2024).