Families in New Mexico can be paid through Medicaid to care for a relative with an intellectual or developmental disability or a medically fragile condition., The Mi Via waiver lets that person direct their own services and hire qualified, approved relatives as paid caregivers for most Mi Via services., Under Mi Via, spouses and parents of children under 18 can be paid only in extraordinary circumstances, with state approval. Start by qualifying for Medicaid, then build a plan with a Mi Via consultant.

In This Guide

Who the Mi Via Waiver Can Hire as a Paid Caregiver

Qualified and approved relatives, authorized representatives and personal representatives can be paid for every Mi Via service except consultant and support guide services, customized community group supports, transportation for a minor, and individual directed goods and services.

Family member Can Mi Via pay them?
Parent of an adult participant Yes, if qualified and approved (see below)
Adult child, sibling or other relative Yes, if qualified and approved; the rule doesn't define "relative," so confirm with the consultant
Spouse Only in extraordinary circumstances, with written state approval
Parent of a minor child Only in extraordinary circumstances, with state approval
Relative who is a guardian or agent under power of attorney As an authorized representative (see below)
Relative who lives with the participant No residence condition in the rule
The participant's Employer of Record No, not while serving as the EOR

Parents of an adult participant. Mi Via's list of legally responsible individuals names parents of minors, guardians of children under 18 and spouses, but its definition covers anyone with "a duty under state law to care for another person," and the rule doesn't say whether a parent who is an adult child's court-appointed guardian has that duty. If you're your adult child's guardian, ask the Mi Via consultant whether the limits below apply to you.

Guardians and powers of attorney. A Mi Via authorized representative can be an attorney, an agent under a valid power of attorney, a guardian, or someone the participant names in writing, and can be a paid provider if the participant or a court order allows, but can't approve their own timesheet.

Spouses and Parents of Minor Children

The Mi Via rule, 8.314.6 NMAC, treats spouses and parents of children under 18 as legally responsible individuals (LRIs). With state approval, an LRI can be paid for most Mi Via services in extraordinary circumstances, to protect your family member's health and welfare and keep them out of an institution.

  • Extraordinary circumstances under Mi Via include being unable to find other qualified, suitable caregivers when you'd otherwise be away from home, so you must stay home.
  • Ordinary help isn't paid: Mi Via won't pay an LRI for what they'd ordinarily do for someone the same age without a disability or chronic illness.
  • 40-hour cap: Under Mi Via, a parent, parents together, a legal guardian of a minor, or a spouse may not provide more than 40 hours of services in a consecutive seven-day work week, and the financial management agency checks LRI hours every month.

Our New Mexico spouse pay guide compares spouse rules across programs.

How Mi Via Pays a Family Caregiver

Mi Via is a self-directed section 1915(c) waiver run by the New Mexico Health Care Authority. The participant builds a Service and Support Plan and budget request with a consultant, and the third-party assessor's approval makes it the Authorized Annual Budget. Paid Mi Via services must be in the approved plan and budget.

1
Step 1

The Employer of Record hires you

The EOR recruits, hires and manages workers. The participant can be their own EOR unless they're a minor or under a financial guardianship or conservatorship, and Mi Via doesn't pay the EOR.

2
Step 2

You can't be both

Under Mi Via, a relative, LRI or representative can't be both the paid employee and the EOR, so someone else takes the EOR role.

3
Step 3

The financial management agency pays you

and tracks spending.

If your family member needs more care than your 40 paid Mi Via hours, ask the consultant about adding other workers to the plan. Mi Via services for adults include homemaker and direct support (21 and older), in-home living supports (18 and older) and respite. Ask the consultant what hourly rate the budget can support for your work.

Who Qualifies and How to Start in New Mexico

Mi Via is for people with intellectual or developmental disabilities or medically fragile conditions who meet Medicaid's medical and financial eligibility requirements. For an aging parent who doesn't fit those categories, New Mexico's home-care program for older adults is the Turquoise Care Community Benefit, which also pays family members and friends as caregivers.,

1
Step 1

Get Medicaid eligibility in place

Our guide to applying for New Mexico Medicaid walks through it, and Options Counselors at the New Mexico Aging and Disability Resource Center (1-800-432-2080) can help.,

2
Step 2

Reach the Mi Via program

through HCA's official Mi Via page, then build the Service and Support Plan with a consultant once eligible.

If HCA denies or cuts Mi Via services, you can ask for a fair hearing; our New Mexico Medicaid appeals guide has the deadline and how to file.

Frequently Asked Questions

Is Mi Via caregiver pay taxable?

It may not be. Under IRS Notice 2014-7, Medicaid 1915(c) waiver pay like Mi Via's may be excluded from federal gross income when you care for your family member in the home you share, but it generally still counts as wages for FICA payroll taxes., More in whether Medicaid waiver payments are taxable.

Can we still use Mi Via respite if I'm paid and live with my family member?

Not always. If a paid primary caregiver lives with the participant and provides living supports or community membership supports, Mi Via respite can't be used.

Learn More

CaregiverHow to Get Paid as a Family Caregiver in New MexicoHow to get paid to care for a family member in New Mexico in 2026: Mi Via, the Turquoise Care Community Benefit, the spouse-pay rule, and VA options. CaregiverGetting Paid to Care for Your Spouse in New MexicoCan you get paid to care for your spouse in New Mexico? Often yes, through Medicaid with health-plan approval, plus VA routes. Here is how it works. CaregiverCaregiver Programs in New MexicoEvery caregiver program in New Mexico: Turquoise Care Community Benefit and Mi Via self-direction that pay family, NFCSP respite, VA benefits, and taxes. MedicaidHow New Mexico Medicaid Pays for Care at HomeNew Mexico Medicaid HCBS waivers explained: how the Community Benefit under Turquoise Care pays for home care, who qualifies, what it covers, and how to apply. CaregiverYour Guide to Respite Care Options in New MexicoA 2026 guide to respite care in New Mexico: Medicaid's Community Benefit and Mi Via, NFCSP help through Area Agencies on Aging, VA options, and adult day costs.

Find personalized help getting paid through New Mexico's Mi Via waiver at brevy.com.

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.

Still have questions?

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Expert eldercare guidance from Brevy's team of healthcare professionals and researchers.