If you are caring for an aging parent, a disabled adult child, or a spouse in Ohio, you can become a paid family caregiver under at least one of six 2026 pathways. Becoming an Ohio paid family caregiver is legitimate and legal; the question is which program fits your family. Which pathway depends on the care recipient's age, dual-eligible status, county of residence, military service, and whether you are a spouse. Ohio in 2026 is also the most operationally disrupted state in the country for paid family caregiving, because Next Generation MyCare launched on January 1, 2026 in 29 counties and rolls out statewide through August 1, 2026. The waiver your family member is enrolled in this year is changing for many dual-eligibles, and the paid-caregiver mechanics travel with the waiver.
This guide walks through every legitimate 2026 pathway by which an Ohio family member can be paid: the three Ohio Department of Medicaid home and community-based waivers, the three Ohio Department of Developmental Disabilities waivers, the federal VA programs that pay caregivers regardless of state Medicaid status, and the personal-services-contract route for families who do not qualify for any of the above. It also covers Ohio's expanded estate recovery rules under ORC 5162.21, the conditional spousal exception at OAC 5160-44-32, and the tax treatment that determines how much of the check you actually keep.
The Short Version
Pick the first pathway that fits. If the care recipient is a veteran, start with VA programs because the federal benefits are non-Medicaid, pay spouses, and the PCAFC stipend is federally tax-free. If the care recipient is a dual-eligible age 21+ in a Phase 1 Next Gen MyCare county, the MyCare Ohio Waiver is the path. If the care recipient is age 60+ in a non-MyCare county, PASSPORT is the path. If under 60 with a physical disability, the Ohio Home Care Waiver is the path. If the care recipient has an intellectual or developmental disability, a DODD waiver is the path. If none of the above apply, the family is private-pay, and the right structure is a personal services contract executed before care begins to protect against Ohio's expanded estate recovery on the Medicaid back end.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Jul 15, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-422/subpart-A/section-422.2
Spouses get their own short version. Federal law (§1915(c)) and the federal Medicaid default exclude spouses from paid HCBS personal care. Ohio's OAC 5160-44-32 is the narrow exception: a spouse can be paid as a direct care worker if no other willing-and-able provider is available, ODM/ODA/DODD confirms health and safety, and the spouse works through an agency or fiscal management service. Ohio does not have a Tennessee-style or New York CDPAP-style law that opens the door at member preference. The Ohio rule is meaningful but conditional.
The 2026 Transition: Next Generation MyCare
Ohio's Next Generation MyCare program replaced the prior Medicare-Medicaid Plan (MMP) demonstration on January 1, 2026. Dual-eligibles age 21+ in 29 Phase 1 counties were auto-enrolled into one of four FIDE-SNP carriers (Anthem Blue Cross and Blue Shield Ohio, Buckeye Health Plan, CareSource MyCare Ohio, Molina Healthcare of Ohio MyCare) with a new bundled MyCare Ohio Waiver under OAC 5160-58. Aetna and UnitedHealthcare exited the program. Buckeye is closed to new PY2026 enrollees but continues for existing members.
For paid family caregivers, the practical effect is which agency adjudicates your hours and which fee schedule applies. The same participant-direction services (C-HCAS, CD-PCS, Structured Family Caregiving) are available under the MyCare Ohio Waiver as under PASSPORT and OHCW, and the conditional spousal pathway at OAC 5160-44-32 carries over to MyCare. The phase rollout schedule matters because it determines whether your family member's waiver is PASSPORT/OHCW (legacy) or MyCare Ohio Waiver (new) for any given month of 2026. Subsequent phases bring the rest of Ohio in on April 1, May 1, June 1, July 1, and August 1, 2026.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Jul 15, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-422/subpart-A/section-422.2
| Phase | Effective | Counties added |
|---|---|---|
| Phase 1 | January 1, 2026 | 29 counties spanning AAA1, AAA2, AAA4, AAA6, AAA10A, AAA10B, AAA11 (verify against the official ODM rollout PDF) |
| Phase 2 | April 1, 2026 | Sandusky, Erie, Henry, Williams, Defiance, Paulding, Fayette, Fairfield, Licking, Ashtabula |
| Phase 3 | May 1, 2026 | 22 counties in AAA2, AAA3, AAA5 footprint (Preble, Darke, Miami, Shelby, Champaign, Logan, Van Wert, Putnam, Hancock, Allen, Mercer, Auglaize, Hardin, Seneca, Huron, Wyandot, Crawford, Richland, Ashland, Marion, Morrow, Knox) |
| Phase 4 | June 1, 2026 | AAA7 footprint (Ross, Vinton, Highland, Pike, Jackson, Gallia, Brown, Adams, Scioto, Lawrence) |
| Phase 5 | July 1, 2026 | AAA9 footprint (Holmes, Tuscarawas, Carroll, Jefferson, Coshocton, Harrison, Belmont, Guernsey, Muskingum) |
| Phase 6 | August 1, 2026 | AAA8 footprint, completing statewide (Hocking, Perry, Morgan, Noble, Monroe, Washington, Athens, Meigs) |
The Six Ohio Paid Family Caregiver Pathways
| Pathway | Who it fits | Pays a spouse? | How the caregiver is paid |
|---|---|---|---|
| PASSPORT | Adults 60+ at nursing-facility level of care, in non-MyCare counties | Only through the OAC 5160-44-32 exception | C-HCAS or CD-PCS via a fiscal employer agent |
| Ohio Home Care Waiver | Birth through age 59 with a physical disability | Only through the OAC 5160-44-32 exception | C-HCAS or CD-PCS via Public Partnerships LLC |
| MyCare Ohio Waiver | Dual-eligibles 21+ in a Next Gen MyCare county | Only through the OAC 5160-44-32 exception | C-HCAS, CD-PCS, or Structured Family Caregiving via the carrier |
| DODD waivers (IO, SELF, Level One) | People with an intellectual or developmental disability | Only through the OAC 5160-44-32 exception | Participant-Directed Homemaker/Personal Care |
| VA programs (PCAFC, VDC, A&A) | Wartime veterans and their families | Yes, with no spousal exclusion | PCAFC stipend, Veteran-Directed Care budget, or pension |
| Personal services contract | Families who qualify for none of the above | No (spousal transfers are disregarded) | Private pay under a written, prospective contract |
Pathway 1: The PASSPORT Waiver
PASSPORT is Ohio's largest §1915(c) home and community-based services waiver for adults age 60+ (or age 60–64 with physical disability) at nursing-facility level of care, administered by the Ohio Department of Aging through Ohio's 12 Area Agencies on Aging. Authority sits at OAC 5160-31. In 2026, PASSPORT continues to serve adults outside the Next Gen MyCare population (non-dual-eligibles, and dual-eligibles in counties that have not yet rolled into MyCare).
PASSPORT offers two participant-directed services that pay family caregivers. Choices Home Care Attendant Service (C-HCAS) makes the participant the employer of record, with the rate set by the participant within a state-defined range published by the local Area Agency on Aging. Consumer-Directed Personal Care Service (CD-PCS) is the lower-touch option with a state-set hourly rate; contact your local AAA for the current figure. Both services are coordinated through a fiscal employer agent (Public Partnerships LLC operates statewide), which handles timesheets, payroll, and federal/state/local/unemployment tax withholding.
Who can be paid under C-HCAS or CD-PCS: adult children, adult grandchildren, nieces, nephews, in-laws, friends, and neighbors. Excluded by default: spouses, parents acting as power of attorney, legal guardians, and authorized representatives. Spouses are not categorically locked out (the OAC 5160-44-32 conditional pathway applies), but the standard PASSPORT participant-direction route is for non-spouse relatives and non-relatives.
Financial eligibility for 2026: income up to $2,982 per month single (300% of the federal Supplemental Security Income benefit rate) and resources of $2,000 single or $3,000 couple. Above the income limit, a Qualified Income Trust (Miller Trust) is required. The community spouse resource allowance protects up to $162,660. Statewide warm-transfer to your local Area Agency on Aging: 1-866-243-5678.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Pathway 2: The Ohio Home Care Waiver
The Ohio Home Care Waiver is the parallel §1915(c) waiver for individuals from birth through age 59 with a physical disability at nursing-facility level of care, administered directly by the Ohio Department of Medicaid rather than ODA. Authority sits at OAC 5160-46. Self-direction expanded under OHCW on October 1, 2024, so the same C-HCAS and CD-PCS structure available under PASSPORT is available here.
Reimbursement rates for OHCW are set in rule under OAC 5160-46-06.1. Verify current 2026 figures with your assigned fiscal management service before relying on any specific rate.
Public Partnerships LLC is the fiscal management agency for OHCW, handling Time4Care and MyAccount timesheet entry, payroll, and tax withholding. Financial eligibility mirrors PASSPORT: $2,982 per month income, $2,000 resource limit, CSRA protections for the community spouse.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf The OAC 5160-44-32 spousal exception applies under OHCW on the same terms as PASSPORT.
Pathway 3: The MyCare Ohio Waiver
The MyCare Ohio Waiver is the new §1915(c) bundle that capitates HCBS, nursing-facility, and acute care for dual-eligibles age 21+ enrolled in Next Generation MyCare. Authority sits at OAC 5160-58. Effective dates track the rollout schedule above. By August 1, 2026, every dual-eligible Ohioan age 21+ in HCBS will be in the MyCare Ohio Waiver under one of the four FIDE-SNP carriers.
Mechanically, the MyCare Ohio Waiver inherits the participant-direction services from PASSPORT and OHCW: C-HCAS, CD-PCS, and Structured Family Caregiving (SFC). Self-direction under the MyCare Ohio Waiver became operationally effective November 15, 2024, ahead of the January 1, 2026 program launch. The conditional spousal pathway at OAC 5160-44-32 carries over.
What changes under MyCare is the chain of authorization. Hours are approved by the carrier's care manager (Anthem, Buckeye, CareSource, or Molina) rather than the AAA case manager. Provider enrollment runs through the carrier. The fiscal management agency for MyCare is Public Partnerships LLC, same as for OHCW and most PASSPORT participants. Rates for C-HCAS and CD-PCS mirror the PASSPORT schedule. Structured Family Caregiving pays a tiered daily rate set by the participant's assessed care level for a live-in family caregiver under a host-home model; confirm the current tier rate with your MyCare carrier or Area Agency on Aging. SFC is the right structure for a single family caregiver providing 24-hour care; C-HCAS or CD-PCS is the right structure for hourly billing.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Jul 15, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-422/subpart-A/section-422.2
Pathway 4: The DODD Waivers (Individual Options, SELF, Level One)
For Ohioans with intellectual or developmental disabilities meeting DODD's ICF/IID level-of-care criteria, paid family caregiving runs through one of three Ohio Department of Developmental Disabilities waivers, not the ODM/ODA waivers above. Authority sits in the OAC 5123 series.
The Individual Options (IO) Waiver is DODD's most comprehensive and flexible waiver, with no hard cost cap. It covers homemaker/personal care, vocational habilitation, transportation, specialized medical equipment, respite, and community-based supports. The Ohio SELF Waiver (Self-Empowered Life Funding) is the self-direction-focused waiver with an annual budget cap; verify the current cap with your County Board of Developmental Disabilities. The Ohio Level One Waiver is the budget-tier alternative to IO, capped in the low five figures (verify the current cost cap with your County Board of Developmental Disabilities).
Family caregivers are paid through Participant-Directed Homemaker/Personal Care (PD-HPC), available under all three waivers. The OAC 5160-44-32 conditional spousal rule applies to DODD PD-HPC. DODD waivers are excluded from MyCare Ohio: an Ohioan with I/DD on a DODD waiver remains on a DODD waiver even when their county rolls into MyCare for acute care purposes.
Pathway 5: VA Programs
The federal VA pays family caregivers of eligible veterans through three programs that are not Medicaid and not subject to Ohio's spousal exclusion or look-back rules.
The Program of Comprehensive Assistance for Family Caregivers (PCAFC) pays a monthly stipend to a designated Primary Family Caregiver, calculated as the OPM GS-4 Step 1 annual salary for the locality where the veteran lives, divided by 12, multiplied by 0.625 (Level 1) or 1.00 (Level 2, the level VA assigns when it determines the veteran is "unable to self-sustain in the community"). A veteran who joined PCAFC before October 1, 2020 is a legacy participant, and under 38 CFR 71.40(c)(4)(i)(B) the multiplier comes instead from the sum of that veteran's 2019 clinical ratings: 1.00 if the sum is 21 or higher, 0.625 at 13 to 20, and 0.25 at 1 to 12. No self-sustain determination is required on that route, so a legacy household rated 21 or higher reaches the full rate on the rating schedule alone; where both schedules apply, VA pays the higher of the two amounts, and a legacy participant's stipend is held at no less than what the caregiver was eligible for the day before October 1, 2020 while the veteran stays at the address on record. The legacy schedule lapses October 1, 2028. The PCAFC stipend is federally tax-free under 38 U.S.C. § 1720G; it is not reported on a W-2. Eligibility requires a single or combined service-connected disability rating that meets the VA's PCAFC threshold, an in-person personal care need for at least six continuous months, and enrollment in VA health care. Confirm the current rating threshold with a VA Caregiver Support Coordinator.
Veteran-Directed Care (VDC) is the VA's self-direction program, jointly administered with the Administration for Community Living and operated through partnerships with Area Agencies on Aging. VDC is the most permissive pathway in this guide for spouses: the veteran sets a monthly budget with the VA care team and hires any caregiver, including a spouse, an adult child, a friend, or a professional aide, at a worker rate set within the budget. In Ohio, VDC is offered through the Louis Stokes Cleveland VAMC (partnering with Western Reserve AAA), the Cincinnati VAMC (partnering with Council on Aging of Southwestern Ohio), the Dayton VAMC (partnering with Area Agency on Aging PSA 2), and through other AAA-VAMC partnerships across the state. Veterans in counties not yet confirmed for VDC should ask their VAMC Caregiver Support Coordinator about the closest VDC referral. Payment flows through a Financial Management Services agency, typically the partner AAA's contractor.
VA Aid and Attendance pension is the third VA route to paying a family caregiver. For 2026 (effective December 1, 2025 through November 30, 2026), basic pension MAPRs are $17,441 a year for a single wartime veteran and $22,839 a year for a veteran with one dependent. With the Aid and Attendance enhancement, those rise to $29,093 and $34,488 a year respectively. Two veterans married to each other who both qualify for A&A can collect up to $46,143 a year combined. VA publishes these maximums as annual amounts; a monthly payment is the yearly award divided by 12. The net worth limit is $163,699 for 2026 (the calculation counts assets and income for the claimant and dependents, and assets exclude the primary residence, the car, and basic home items). The veteran receives the pension and pays a family caregiver from it under a private arrangement or a personal services contract; for the caregiver, this is ordinary taxable income.U.S. Department of Veterans Affairs. (n.d.). Current Pension Rates For Veterans. va.gov. Retrieved Jul 31, 2026, from https://www.va.gov/pension/veterans-pension-rates/
Ohio's two state veterans homes operated by the Ohio Department of Veterans Services, the Ohio Veterans Home in Sandusky and the Ohio Veterans Home in Georgetown, are residential options rather than paid-family-caregiver pathways, but they are part of the same federal-state veteran benefit landscape and worth knowing about when home care is no longer feasible.
Pathway 6: NFCSP and Personal Services Contracts
The National Family Caregiver Support Program runs in Ohio through the Ohio Department of Aging and the 12 Area Agencies on Aging. NFCSP is not a paycheck. It is a wraparound benefit: information and assistance, caregiver counseling, training, respite vouchers, support groups, and small supplemental grants for incidentals like GPS devices or care supplies. Eligibility is a family caregiver of an adult age 60+, or a caregiver of any age for a person with Alzheimer's or other dementia, or a kinship caregiver raising a child. NFCSP is not means-tested for the standard track. Statewide referral: 1-866-243-5678 or the ODA hotline 1-800-266-4346. Families who exhaust their Medicaid waiver hours under PASSPORT, OHCW, or MyCare Ohio often stack NFCSP respite vouchers on top of the waiver service plan.
For families that do not qualify for any Medicaid waiver, VA program, or DODD waiver, the remaining route is a personal services contract: a written, arms-length agreement between the care recipient and the family caregiver, signed before care begins, that converts informal family help into a documented exchange of value. A defensible Ohio personal services contract specifies the date services begin, the specific services performed, hours per week and schedule, a reasonable hourly rate documented against two or three local agency quotes, payment terms, a daily log of duties and hours, and the caregiver's commitment to report income on a tax return. Done correctly, the contract preserves the care recipient's right to spend down assets on care without triggering a Medicaid transfer penalty under the 60-month look-back. Done sloppily, it looks like a disguised gift, and the transfer-penalty divisor at $7,787 per month converts the misstep into months of LTC Medicaid ineligibility.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
How to Choose an Ohio Paid Family Caregiver Pathway
The order of operations for an Ohio family running this decision tree is veteran benefits first, county-MyCare check second, DODD pathway third, age and disability profile fourth, and the spouse question last.
Start with VA benefits if the care recipient is a wartime veteran
The PCAFC stipend is tax-free, Veteran-Directed Care is permissive for spouses, and Aid and Attendance pension money is unrestricted. A veteran's family can often combine VA benefits with one of the Ohio Medicaid waivers, though hours billed under one program reduce the billable hours under another to avoid duplicate payment.
Check your county against the Next Generation MyCare rollout schedule
If your county is in Phase 1 (January 1, 2026), the dual-eligible care recipient is already in the MyCare Ohio Waiver. If your county is in a later phase, the legacy PASSPORT or Ohio Home Care Waiver continues until the rollover date.
Route to DODD if the care recipient has an intellectual or developmental disability
If they meet ICF/IID level of care, one of the three DODD waivers applies. DODD waivers are not on the MyCare track; they have their own self-direction framework and the PD-HPC service.
Use the age cutoff to pick between PASSPORT and the Ohio Home Care Waiver
PASSPORT serves adults age 60 and older; the Ohio Home Care Waiver serves individuals from birth through age 59 with a physical disability. There is no overlap.
Address the spouse question last
If the family caregiver is the recipient's spouse, the answer is the conditional pathway at OAC 5160-44-32: agency or fiscal-management-service employment, no other willing-and-able provider, and a health-and-safety determination by the state agency. If a veteran is involved, the VA's Veteran-Directed Care is the better answer because it has no spousal exclusion.
Personal Services Contracts and Ohio's Estate Recovery
Ohio's 60-month look-back applies to institutional and §1915(c) waiver Medicaid (PASSPORT, OHCW, MyCare Ohio Waiver, DODD waivers when used for nursing-facility level care). The look-back does not apply to MAGI Medicaid or ABD spend-down. Within the look-back, uncompensated transfers create a penalty period: the gift amount divided by Ohio's Average Private Pay Rate (APPR) divisor, set at $7,787 per month effective September 1, 2024 and not yet updated for 2026 despite appearing on the 2026 Ohio Medicaid Help Sheet. A $100,000 cash transfer to an adult child creates roughly 12.84 months of LTC Medicaid ineligibility.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
A personal services contract is the principal tool for paying a family caregiver while preserving Medicaid eligibility. The Ohio practitioner-standard elements are listed above under Pathway 6. Two mistakes sink most contracts. The first is signing after services have already been provided, which Ohio Medicaid treats as a retroactive gift. The second is setting a rate above what local agencies charge, which Medicaid treats as a gift of the difference. The contract must be prospective and rate-defensible.
Spouses generally cannot be paid under a personal services contract for Medicaid look-back purposes. Transfers between spouses are disregarded under Social Security Act § 1917(d)(3)(A), but the same provision means the spouse is not a separate person for transfer purposes. The conditional OAC 5160-44-32 pathway is the spouse's route.
Ohio elects the expanded form of Medicaid estate recovery that federal law leaves to state option, so ORC 5162.21 reaches well past probate. The Ohio Attorney General, acting on the Ohio Department of Medicaid's behalf, recovers against probate assets and also against transfer-on-death accounts and deeds, joint property with right of survivorship, payable-on-death accounts, assets in living and revocable trusts, life estates created by the decedent, and any other interest the decedent held at the moment before death. The claim runs against the estate of a permanently institutionalized person of any age, and against the estate of a person age 55 or older who is not permanently institutionalized, in the amount of all Medicaid benefits correctly paid including managed care capitation payments. Two limits ride with that breadth on the 55-or-older track. Recovery reaches only benefits paid after the person turned 55, and it excludes benefits paid on or after January 1, 2010 under the Medicare premium assistance programs, meaning the Medicare Savings Programs (QMB, SLMB, and QI). If the Medicaid your parent received was Medicare premium and cost-sharing help rather than long-term care, that money is not on the table.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p - Liens, adjustments and recoveries, and transfers of assets (govinfo.gov, 2024 edition). govinfo.gov. Retrieved Jul 22, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm
The protections are real, and most of them are deferrals rather than forgiveness. Under OAC 5160:1-2-07(D), recovery may be sought only after the death of the surviving spouse, if any, and only when there is no surviving child who is under 21 or blind or permanently and totally disabled. A surviving spouse therefore delays recovery for life without cancelling it, and the child protection ends when that child turns 21. Where recovery is sought against a permanently institutionalized person, no recovery may be made against the home while either of two relatives lawfully resides in it: a sibling who resided in the home for at least one year immediately before the admission and continuously since, or a son or daughter who provided care that delayed the institutionalization, resided in the home for at least two years immediately before the admission and continuously since, and documents that with a level-of-care assessment, the attending physician's statement, and supporting care records. Read the sibling rule carefully, because it is the one families most often give up on by mistake: ORC 5162.21(C)(2)(a) requires residence and nothing else. A sibling who has lived in the home does not need to own any share of it. The equity-interest requirement belongs to a different rule, the pre-death lien bar at ORC 5162.211(C)(3). Both home protections hold only while that relative lawfully resides there, and both are written for the permanently-institutionalized track rather than the 55-or-older track.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p - Liens, adjustments and recoveries, and transfers of assets (govinfo.gov, 2024 edition). govinfo.gov. Retrieved Jul 22, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm
ORC 5162.211 is Ohio's pre-death TEFRA lien authority, and it opens as a prohibition: no lien before death except against the real property of a permanently institutionalized recipient and of that recipient's spouse, and never against the home while the spouse, a child under 21 or blind or disabled, or a sibling who has an equity interest and resided there for at least a year before admission lawfully resides in it. A lien that is imposed dissolves on the recipient's discharge from the institution and return home, which is a genuine extinguishment rather than a deferral. Three further reliefs are worth asking for by name. First, an undue hardship waiver: ODM must waive recovery where the Medicaid director determines it would work an undue hardship, granted case by case, and an heir, potential heir, or person with an interest in the estate's assets must request it within thirty calendar days after the Attorney General mails notice of the claim. Second, a qualified long-term care partnership disregard: the resource amount disregarded at eligibility determination is disregarded again during estate recovery. Third, a non-liquid asset does not automatically force a sale. When the person responsible for the estate asks to satisfy the claim without selling it, the Attorney General may establish a payment schedule, a promissory note, or a lien instead (OAC 5160:1-2-07(F)).U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p - Liens, adjustments and recoveries, and transfers of assets (govinfo.gov, 2024 edition). govinfo.gov. Retrieved Jul 22, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm
Tax Considerations
C-HCAS, CD-PCS, Structured Family Caregiving, DODD PD-HPC, and VA Veteran-Directed Care all pay the family caregiver as a W-2 employee through a fiscal management service (Public Partnerships LLC for the Ohio Medicaid waivers, the partner AAA or its FMS subcontractor for VDC). The FMS handles federal income tax withholding, FICA, FUTA, Ohio income tax, school district tax where applicable, and municipal tax in the localities that levy one.
The single most valuable tax rule for live-in family caregivers under Ohio Medicaid waivers is the IRS Notice 2014-7 difficulty-of-care exclusion, which excludes qualified Medicaid waiver payments from federal gross income when the caregiver and care recipient share a household. The exclusion applies under PASSPORT, OHCW, MyCare Ohio, and DODD waivers. Ohio's state income tax generally conforms to federal AGI as the starting point, so excluded payments are typically also excluded for Ohio state income tax, though families should verify against the current Ohio IT-1040 instructions.
The PCAFC stipend is federally tax-free under 38 U.S.C. § 1720G and is not reported on a W-2. VA Aid and Attendance pension paid to the veteran is tax-free to the veteran but becomes ordinary taxable income to the family caregiver who receives it under a private arrangement or personal services contract.U.S. Department of Veterans Affairs. (n.d.). Current Pension Rates For Veterans. va.gov. Retrieved Jul 31, 2026, from https://www.va.gov/pension/veterans-pension-rates/ Personal services contract income is W-2 if the caregiver is treated as an employee and 1099 if the caregiver is a genuine independent contractor; misclassification is the principal audit risk in this space.
Common Misconceptions
Several beliefs Ohio families bring to this decision are partly or fully wrong, and correcting them early often decides whether a family gets paid at all.
"My spouse can never be paid in Ohio." Partly wrong. The federal §1915(c) default excludes spouses, but Ohio's OAC 5160-44-32 opens a conditional pathway when no other willing-and-able provider exists, requiring employment through an agency or FMS. The pathway is narrower than Tennessee's Freedom for Family Caregiving Act or New York's CDPAP, but it is a real path for the family that genuinely has no alternative.
"Medicare pays family caregivers." Wrong. Medicare pays for short-stay post-hospital skilled nursing and for home health when the patient is homebound with a skilled need. It does not pay family caregivers for personal care, custodial care, or long-term hourly support.
"Adding my child to my deed is a Medicaid plan." Wrong, and dangerous in Ohio. Joint-with-survivorship property is recoverable under Ohio's expanded estate recovery, so the child does not actually receive the home. A timely transfer to the caregiver-child exempt class (lived in home 2+ years, provided care that delayed institutionalization) is the right Medicaid plan; informal joint titling is not.
"My mother will lose Medicaid if I get paid." Wrong, when paid through an authorized waiver service. Authorized hours under C-HCAS, CD-PCS, SFC, or DODD PD-HPC do not count against the recipient's eligibility, because they are billed to the program and not taken from the recipient's personal needs allowance, which Ohio raised to $75 per month effective October 1, 2025.U.S. Government Publishing Office. (n.d.). ecfr.gov. Retrieved Jul 30, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-H/section-435.725
"I should expect Tennessee-style spouse access in Ohio." Wrong. Ohio has not enacted a counterpart to Tennessee's PC 182 of 2025 or New York's CDPAP. The Ohio pathway is the narrow OAC 5160-44-32 exception. Be honest about that with extended family before promising anything.
Frequently Asked Questions
Can I get paid to take care of my spouse in Ohio?
Conditionally. Under OAC 5160-44-32, a spouse can be paid as a direct care worker under PASSPORT, the Ohio Home Care Waiver, the MyCare Ohio Waiver, or a DODD waiver when (a) no other willing-and-able provider is available, (b) the state agency confirms health and safety, and (c) the spouse is employed through a home care agency or a fiscal management service. Outside Medicaid, VA Veteran-Directed Care and the PCAFC stipend pay spouses without the Medicaid-style exclusion.
What does C-HCAS pay in 2026?
Choices Home Care Attendant Service is participant-set within a state-defined range published by the local Area Agency on Aging. CD-PCS carries a state-set hourly rate. Contact your local AAA for the current figures; rates can vary across the 12 AAAs.
Which Next Generation MyCare phase am I in?
Phase 1 (January 1, 2026) covered 29 counties spanning AAA1, AAA2, AAA4, AAA6, AAA10A, AAA10B, and AAA11. Subsequent phases brought additional counties live on April 1, May 1, June 1, July 1, and August 1, 2026. The authoritative source is the ODM Next Generation MyCare rollout schedule. If your county is in a later phase, your dual-eligible family member is still on PASSPORT or OHCW until the rollover date.
Do I need a CNA or STNA license to be paid?
For C-HCAS and CD-PCS under PASSPORT, OHCW, or MyCare Ohio, no. Participant-directed personal care can be performed by a non-licensed family member. The separate Home Care Attendant Service, a higher-skill service that pays a higher rate set in rule, typically requires a CNA or STNA credential. For DODD Participant-Directed HPC, training and provider enrollment requirements apply but a clinical license is not generally required.
Will my mother lose Medicaid if I get paid?
No, when payment runs through an authorized waiver service like C-HCAS, CD-PCS, SFC, or DODD PD-HPC. The hours are billed to the program, not deducted from your mother's monthly personal needs allowance. Where families get into trouble is paying a family caregiver out of the recipient's bank account on the side, which can look like a gift or a transfer for purposes of the 60-month look-back.
Can VA benefits stack with Ohio Medicaid caregiver pay?
Yes, with limits. PCAFC stipends and VA Aid and Attendance pension are not counted as income for Ohio Medicaid LTC eligibility in the way ordinary wages are; instead, they have their own VA rules. A family can run PCAFC for the veteran and have a separate family caregiver paid through C-HCAS for an aging parent, for example. What you cannot do is bill the same hours of care to two programs.
Where to Get Help
Related Terms
- HCBS waiver
- Nursing facility level of care
- Fiscal Employer Agent
- FIDE-SNP
- Qualified Income Trust
- Community Spouse Resource Allowance
Learn More
Find personalized help choosing the right Ohio paid-caregiver pathway 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.