Oregon Independent Choices Program: Paying a Family Caregiver (2026)
Oregon's Independent Choices Program gives eligible people on Medicaid in-home services a cash benefit to hire and pay their own caregiver, who can be an adult child, a spouse or another relative.
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Brevy Care Team
5 min read · Published October 16, 2026 · Last verified October 17, 2026
If your parent can't direct their own services, the Independent Choices rule says they must have a representative to act for them, and "a representative may not be an employee provider regardless of relationship to the participant."State of Oregon. (n.d.). Independent Choices Program (ICP) Overview - Oregon ODHS APD. oregon.gov. Retrieved Jul 13, 2026, from https://www.oregon.gov/odhs/providers-partners/seniors-disabilities/Documents/icp-overview-consumer.pdf
The Spousal Pay Program and Independent Choices are the only two Consumer-Employed Provider (CEP) in-home options that allow paying a spouse, per the ODHS Spousal Pay program guide. If your spouse doesn't meet the Spousal Pay requirements, ODHS guidance says they can pursue having you as their paid provider through Independent Choices if they meet its eligibility criteria and are approved.secure.sos.state.or.us. (n.d.). OAR 411-030-0080 - Spousal Pay Program (Oregon Secretary of State, Oregon Administrative Rules). Retrieved Jul 13, 2026, from https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-030-0080
Does Your Family Member Qualify for Oregon's Independent Choices Program?
ODHS says people eligible for Oregon's Medicaid-paid in-home services for adults over 65 and people with physical disabilities may be eligible for Independent Choices.State of Oregon. (n.d.). Independent Choices Program (ICP) Overview - Oregon ODHS APD. oregon.gov. Retrieved Jul 13, 2026, from https://www.oregon.gov/odhs/providers-partners/seniors-disabilities/Documents/icp-overview-consumer.pdf For those in-home services, a person must be 18 or older, eligible for the Oregon Health Plan Plus benefit package, and assessed at one of service priority levels 1 through 13.secure.sos.state.or.us. (2022). OAR chapter 411, division 15, Long-Term Care Service Priorities for Individuals Served (Oregon Secretary of State, Oregon Administrative Rules Database; rules amended eff. 12/23/2022 by APD 58-2022) — OAR 411-015-0005(14) and (37), 411-015-0010, 411-015-0015(1)(a), 411-015-0100(1). Retrieved Oct 3, 2026, from https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1751
Provide evidence of a stable living situation for the past three months.
Show they can manage money through timely and current utility and housing payments for the past three months.
A hospital stay can throw a parent's bills off track, and the rule allows for that. If the past three months included a hospital, community-based care or nursing facility stay, the Independent Choices rule also accepts a history of timely payments from before that stay.State of Oregon. (n.d.). Independent Choices Program (ICP) Overview - Oregon ODHS APD. oregon.gov. Retrieved Jul 13, 2026, from https://www.oregon.gov/odhs/providers-partners/seniors-disabilities/Documents/icp-overview-consumer.pdf
How the Oregon ICP Cash Benefit Works
The Independent Choices cash benefit is built from your family member's assessment: the rule adds up the daily-living (ADL) and household (IADL) task hours that the Client Assessment and Planning System (CA/PS) assessment finds they're eligible for, "at the rates according to the Department's rate schedule."State of Oregon. (n.d.). Independent Choices Program (ICP) Overview - Oregon ODHS APD. oregon.gov. Retrieved Jul 13, 2026, from https://www.oregon.gov/odhs/providers-partners/seniors-disabilities/Documents/icp-overview-consumer.pdf,secure.sos.state.or.us. (2022). OAR chapter 411, division 15, Long-Term Care Service Priorities for Individuals Served (Oregon Secretary of State, Oregon Administrative Rules Database; rules amended eff. 12/23/2022 by APD 58-2022) — OAR 411-015-0005(14) and (37), 411-015-0010, 411-015-0015(1)(a), 411-015-0100(1). Retrieved Oct 3, 2026, from https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1751
What the caregiver earns. The Independent Choices participant sets the caregiver's hourly pay, and OAR 411-030-0100 says it must be "no less than the federal or state minimum wage, whichever is greater." The ODHS consumer overview says "whichever is less," but the rule sets the floor.State of Oregon. (n.d.). Independent Choices Program (ICP) Overview - Oregon ODHS APD. oregon.gov. Retrieved Jul 13, 2026, from https://www.oregon.gov/odhs/providers-partners/seniors-disabilities/Documents/icp-overview-consumer.pdf
A small fund for other needs. An Independent Choices participant may set aside up to 10 percent of the cash benefit, not counting employee taxes, as a monthly discretionary fund, which buys items that relate directly to the participant's health, safety and independence and aren't otherwise covered by Medicaid home and community-based services; the participant's case manager must approve it.State of Oregon. (n.d.). Independent Choices Program (ICP) Overview - Oregon ODHS APD. oregon.gov. Retrieved Jul 13, 2026, from https://www.oregon.gov/odhs/providers-partners/seniors-disabilities/Documents/icp-overview-consumer.pdf
An Independent Choices participant may use a fiscal intermediary, such as an accountant or bookkeeper, and must arrange one if they can't manage the accounting, tax or payroll duties and don't have a representative, and pays its fees from the discretionary fund or other non-ICP money.State of Oregon. (n.d.). Independent Choices Program (ICP) Overview - Oregon ODHS APD. oregon.gov. Retrieved Jul 13, 2026, from https://www.oregon.gov/odhs/providers-partners/seniors-disabilities/Documents/icp-overview-consumer.pdf
What Can Stop the Payments
The ICP cash benefit stops when the participant is away from home for longer than 30 calendar days because of illness or medical treatment. It may resume when they return, as long as they still meet the Independent Choices eligibility criteria.State of Oregon. (n.d.). Independent Choices Program (ICP) Overview - Oregon ODHS APD. oregon.gov. Retrieved Jul 13, 2026, from https://www.oregon.gov/odhs/providers-partners/seniors-disabilities/Documents/icp-overview-consumer.pdf Because your wages come out of that benefit, a long hospital or rehab stay can stop your pay too, so plan with the case manager for a gap in income.
I'm my dad's guardian. Can I be his paid caregiver through Independent Choices?
Not while you're also his representative. Oregon's in-home services rules say a person with a guardian must have a representative, and a guardian may name themselves.secure.sos.state.or.us. (n.d.). OAR 411-030-0020 - Definitions (Oregon Secretary of State, Oregon Administrative Rules). Retrieved Oct 14, 2026, from https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-030-0020 Because an Independent Choices representative can't be a paid employee provider, ask the case manager who else can fill that role.State of Oregon. (n.d.). Independent Choices Program (ICP) Overview - Oregon ODHS APD. oregon.gov. Retrieved Jul 13, 2026, from https://www.oregon.gov/odhs/providers-partners/seniors-disabilities/Documents/icp-overview-consumer.pdf
Get personalized help with Oregon's Independent Choices Program 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.
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