Kentucky Participant Directed Services: Can Family Be Paid? (2026)
Kentucky Participant Directed Services lets an older or disabled adult on a Medicaid waiver hire their own home-care worker, and a family caregiver can be paid in that role.
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Brevy Care Team
5 min read · Published October 16, 2026 · Last verified October 20, 2026
Kentucky Participant Directed Services lets an older or disabled adult on a Medicaid waiver hire their own home-care worker, and a family caregiver can be paid in that role.Kentucky Cabinet for Health and Family Services. (n.d.). Participant Directed Services - Cabinet for Health and Family Services. chfs.ky.gov. Retrieved Sep 2, 2026, from https://www.chfs.ky.gov/agencies/dail/Pages/pds.aspx,apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/ A spouse or adult child needs Kentucky's approval first; the Kentucky Department for Aging and Independent Living answers HCB waiver questions at (877) 315-0589.apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/,Kentucky Cabinet for Health and Family Services. (n.d.). Participant Directed Services - Cabinet for Health and Family Services. chfs.ky.gov. Retrieved Sep 2, 2026, from https://www.chfs.ky.gov/agencies/dail/Pages/pds.aspx,Centers for Medicare & Medicaid Services. (1915). Kentucky Waiver Factsheet — Medicaid.gov (CMS), 1915(c) HCBS waiver descriptions. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/KY
On HCB, an immediate family member, guardian or legally responsible individual can be paid only through PDS and only with the department's written approval.apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/ Kentucky law defines immediate family as a parent, grandparent, spouse, child, stepchild, sibling, grandchild and certain in-laws; the rules go by relationship, not address, and don't address nieces, nephews, cousins, aunts or uncles, so ask Kentucky DAIL.apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/
What written approval requires
Under 907 KAR 7:010, the department, not the case manager, gives HCB written approval when:apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/
you submit the PDS Request Form for Immediate Family Member, Guardian, or Legally Responsible Individual as a Paid Service Providerapps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/
you have unique abilities your loved one needs, plus education, job experience, volunteer work or training beyond caring for themapps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/
your services aren't natural supports and help them take part in the communityapps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/
the nearest provider is over 30 miles away, or no qualified provider can deliver the person-centered service plan or fit their scheduleapps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/
Caring for your loved one alone doesn't count as experience, so gather proof of past caregiving jobs, training or volunteering.apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/ An adult child skips Kentucky DAIL's separate review of spouses and guardians but still needs the written approval.apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/
The Extra Steps for Spouses and Guardians
A legally responsible individual (LRI) is a spouse, appointed guardian or anyone else with legal authority to make decisions for an adult, but not a power of attorney who doesn't fit that definition.apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/,Kentucky Cabinet for Health and Family Services. (n.d.). Waiver PDSFAQ. chfs.ky.gov. Retrieved Jun 3, 2026, from https://www.chfs.ky.gov/agencies/dms/dca/waivers/WaiverPDSFAQ.pdf On HCB, an LRI can provide only non-specialized respite and attendant care, and only in extraordinary circumstances.apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/
On HCB, an adult's LRI is paid only if one of these is verified: caregiving has reduced or ended your ability to keep a paying job in the past 12 months and no one else in the home can provide the care; you tried within the first 30 days to recruit a qualified provider, agency or PDS, without finding one or enough coverage; or your loved one has a communication barrier that affects how they tell a caregiver their needs and wishes.Kentucky Cabinet for Health and Family Services. (n.d.). Waiver PDSFAQ. chfs.ky.gov. Retrieved Jun 3, 2026, from https://www.chfs.ky.gov/agencies/dms/dca/waivers/WaiverPDSFAQ.pdf
Kentucky's regulation and HCB waiver application don't say how a spouse's written-approval and LRI tests fit together, so plan to meet both.apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/ The LRI hiring form must be approved before paid work, LRIs hired on or after July 1, 2024 go through Kentucky DAIL's review first, and approval doesn't guarantee payment.apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/,Kentucky Cabinet for Health and Family Services. (n.d.). Waiver PDSFAQ. chfs.ky.gov. Retrieved Jun 3, 2026, from https://www.chfs.ky.gov/agencies/dms/dca/waivers/WaiverPDSFAQ.pdf
Hours and the Representative Rule
On HCB, a PDS worker is capped at 40 hours per Sunday-to-Saturday week across all participants, so two parents share 40 hours.apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/ Your employee contract should state your maximum hours.Kentucky Cabinet for Health and Family Services. (n.d.). Waiver PDSFAQ. chfs.ky.gov. Retrieved Jun 3, 2026, from https://www.chfs.ky.gov/agencies/dms/dca/waivers/WaiverPDSFAQ.pdf As the PDS employer, your loved one finds workers, approves timesheets, sets schedules and handles discipline.Kentucky Cabinet for Health and Family Services. (n.d.). PDSEmployer Responsibilitie. chfs.ky.gov. Retrieved Jul 13, 2026, from https://www.chfs.ky.gov/agencies/dail/Documents/PDSEmployerResponsibilitie.pdf A Kentucky PDS participant may instead choose a representative, who on HCB can't also be hired as their worker.Kentucky Cabinet for Health and Family Services. (n.d.). Participant Directed Services - Cabinet for Health and Family Services. chfs.ky.gov. Retrieved Sep 2, 2026, from https://www.chfs.ky.gov/agencies/dail/Pages/pds.aspx,apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/
How Kentucky Participant Directed Services Sets Family Caregiver Pay
Wages and employer taxes share one pot, your loved one's yearly renewable authorization, so taxes shrink your pay.Kentucky Cabinet for Health and Family Services. (n.d.). PDSEmployer Responsibilitie. chfs.ky.gov. Retrieved Jul 13, 2026, from https://www.chfs.ky.gov/agencies/dail/Documents/PDSEmployerResponsibilitie.pdf Kentucky DAIL's PDS guide, as of 2026, puts typical employer taxes around 11.30% of wages, and the Financial Management Agent (FMA) sets the exact rate.Kentucky Cabinet for Health and Family Services. (n.d.). PDSEmployer Responsibilitie. chfs.ky.gov. Retrieved Jul 13, 2026, from https://www.chfs.ky.gov/agencies/dail/Documents/PDSEmployerResponsibilitie.pdf Kentucky's June 2024 PDS FAQ puts PDS in the state's 21% legislature-directed rate increase.Kentucky Cabinet for Health and Family Services. (n.d.). Waiver PDSFAQ. chfs.ky.gov. Retrieved Jun 3, 2026, from https://www.chfs.ky.gov/agencies/dms/dca/waivers/WaiverPDSFAQ.pdf For a raise, start with the case manager; pay can't exceed the HCBS Waiver Rates maximums on Kentucky Medicaid's Fee and Rate Schedule page.Kentucky Cabinet for Health and Family Services. (n.d.). Waiver PDSFAQ. chfs.ky.gov. Retrieved Jun 3, 2026, from https://www.chfs.ky.gov/agencies/dms/dca/waivers/WaiverPDSFAQ.pdf
Getting Hired: Checks and Paperwork
On HCB, a Kentucky PDS worker needs a $20 court criminal-record check and two registry checks before hire, then a $10 Central Registry check within 30 days, all paid by your loved one (2026 fees).Kentucky Cabinet for Health and Family Services. (n.d.). PDSEmployer Responsibilitie. chfs.ky.gov. Retrieved Jul 13, 2026, from https://www.chfs.ky.gov/agencies/dail/Documents/PDSEmployerResponsibilitie.pdf On HCB, each Kentucky PDS check has an out-of-state version if you lived or worked outside Kentucky in the past 12 months, and a felony, abuse or neglect conviction, or Medicaid or Medicarefraud, among other records, bars you from PDS work.Kentucky Cabinet for Health and Family Services. (n.d.). PDSEmployer Responsibilitie. chfs.ky.gov. Retrieved Jul 13, 2026, from https://www.chfs.ky.gov/agencies/dail/Documents/PDSEmployerResponsibilitie.pdf
If Your Loved One Is on Another Waiver
The Supports for Community Living (SCL) waiver can pay family on conditions, up to 40 hours a week; see our programs guide.apps.legislature.ky.gov https://apps.legislature.ky.gov/law/kar/titles/907/012/010/ · Accessed Sep 4, 2026 For the Michelle P. Waiver and two brain injury waivers, ask the case manager about family pay; all five PDS waivers have waiting lists.Kentucky Cabinet for Health and Family Services. (n.d.). Participant Directed Services - Cabinet for Health and Family Services. chfs.ky.gov. Retrieved Sep 2, 2026, from https://www.chfs.ky.gov/agencies/dail/Pages/pds.aspx
Submit the PDS Request Form (plus the LRI form for a spouse or guardian), finish background checks, and wait for approval.apps.legislature.ky.gov. (n.d.). 907 KAR 7:010. Home and community based waiver services version 2 — Kentucky Legislative Research Commission. Retrieved Oct 14, 2026, from https://apps.legislature.ky.gov/law/kar/titles/907/007/010/,Kentucky Cabinet for Health and Family Services. (n.d.). PDSEmployer Responsibilitie. chfs.ky.gov. Retrieved Jul 13, 2026, from https://www.chfs.ky.gov/agencies/dail/Documents/PDSEmployerResponsibilitie.pdf
Do I need CPR or First Aid training to be a Kentucky PDS worker?
On all Kentucky PDS waivers, CPR or First Aid training is required only if your loved one chooses; otherwise they sign a personnel-file attestation.Kentucky Cabinet for Health and Family Services. (n.d.). Waiver PDSFAQ. chfs.ky.gov. Retrieved Jun 3, 2026, from https://www.chfs.ky.gov/agencies/dms/dca/waivers/WaiverPDSFAQ.pdf Kentucky PDS workers complete a TB risk assessment showing whether testing is needed.Kentucky Cabinet for Health and Family Services. (n.d.). Waiver PDSFAQ. chfs.ky.gov. Retrieved Jun 3, 2026, from https://www.chfs.ky.gov/agencies/dms/dca/waivers/WaiverPDSFAQ.pdf
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The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.
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