Virginia DD Waiver Family Caregiver: Who Can Be Paid? (2026)
If you care for a relative with a developmental disability, Virginia Medicaid's developmental disability waivers can pay an approved family member to help with personal care at home.
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Brevy Care Team
6 min read · Published October 15, 2026 · Last verified October 16, 2026
If you care for a relative with a developmental disability, Virginia Medicaid's developmental disability waivers can pay an approved family member to help with personal care at home.Centers for Medicare & Medicaid Services. (n.d.). VA Waiver Factsheet — CMS / Medicaid.gov. medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/VA,Virginia General Assembly. (2021). 12VAC30-122-120. Provider requirements (DD Waivers), Virginia Administrative Code, law.lis.virginia.gov (derived eff. March 31, 2021). law.lis.virginia.gov. Retrieved Oct 14, 2026, from https://law.lis.virginia.gov/admincode/title12/agency30/chapter122/section120/ Two of the three waivers, Community Living and Family and Individual Support, cover personal assistance, and a Virginia DD waiver family caregiver who is a parent of an adult, a sibling or another relative must meet the same provider requirements as any other provider.Centers for Medicare & Medicaid Services. (n.d.). VA Waiver Factsheet — CMS / Medicaid.gov. medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/VA,Virginia General Assembly. (2021). 12VAC30-122-120. Provider requirements (DD Waivers), Virginia Administrative Code, law.lis.virginia.gov (derived eff. March 31, 2021). law.lis.virginia.gov. Retrieved Oct 14, 2026, from https://law.lis.virginia.gov/admincode/title12/agency30/chapter122/section120/ Under Virginia's DD waivers, spouses and parents of minor children face stricter, and conflicting, official rules.Virginia General Assembly. (2021). 12VAC30-122-120. Provider requirements (DD Waivers), Virginia Administrative Code, law.lis.virginia.gov (derived eff. March 31, 2021). law.lis.virginia.gov. Retrieved Oct 14, 2026, from https://law.lis.virginia.gov/admincode/title12/agency30/chapter122/section120/
Being paid can also bring an employer's duties. Under consumer direction on Virginia's waivers, DMAS says the member or their designated representative "performs all of the employer responsibilities including hiring, training, managing, and if necessary, terminating the attendant." You don't have to learn that role alone: a Services Facilitator helps the family.Centers for Medicare & Medicaid Services. (n.d.). medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/VA
Typical pay: about $14.57 an hour (estimate based on home care aide wages in Virginia, BLS, May 2025). That's Virginia's statewide median for home health and personal care aides, not a DD waiver rate. After years of unpaid care any paycheck matters, so confirm the actual rate before you plan around it.data.bls.gov. (2025). BLS OEWS Profiles, May 2025, 31-1120 Home Health and Personal Care Aides (national estimates). Retrieved Oct 14, 2026, from https://data.bls.gov/oesprofile/?year=2025&major_group=310000&occupation=311120&measure=01&areas=INDUSTRY,STATE,MSA
Who Qualifies and How to Apply
Virginia's DD waivers serve people with autism, intellectual disabilities or developmental disabilities who meet the level of care for an intermediate care facility for individuals with intellectual disabilities.Centers for Medicare & Medicaid Services. (n.d.). VA Waiver Factsheet — CMS / Medicaid.gov. medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/VA
To apply for a Virginia DD waiver, contact your local Community Services Board. Waiting is the hard part for many families: DMAS says of its DD waivers that "there is a waiting list for these waivers, and the slots are assigned based on urgency of need."Centers for Medicare & Medicaid Services. (n.d.). VA Waiver Factsheet — CMS / Medicaid.gov. medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/Waiver-Descript-Factsheet/VA
Who Can Be a Paid Virginia DD Waiver Family Caregiver
Virginia's DD waiver regulation, 12VAC30-122-120, names only two groups who "shall not be" providers: parents or guardians of an enrolled minor child, and an enrolled adult's spouse. For other family members paid through Medicaid, 12VAC30-122-120 says those "approved to provide services for the purpose of receiving Medicaid reimbursement, shall meet the same provider requirements as all other licensed providers."Virginia General Assembly. (2021). 12VAC30-122-120. Provider requirements (DD Waivers), Virginia Administrative Code, law.lis.virginia.gov (derived eff. March 31, 2021). law.lis.virginia.gov. Retrieved Oct 14, 2026, from https://law.lis.virginia.gov/admincode/title12/agency30/chapter122/section120/
If you're a parent of an adult child or a sibling who has given this care unpaid for years, Virginia's DD waiver regulation doesn't rule you out, though you'll meet the same requirements as any other provider.Virginia General Assembly. (2021). 12VAC30-122-120. Provider requirements (DD Waivers), Virginia Administrative Code, law.lis.virginia.gov (derived eff. March 31, 2021). law.lis.virginia.gov. Retrieved Oct 14, 2026, from https://law.lis.virginia.gov/admincode/title12/agency30/chapter122/section120/
Your relationship
What the official sources say
Parent of an adult, sibling or other relative
Not in 12VAC30-122-120's bar; must meet the same provider requirements as other providers
Other relative living in the same home
Paid only with objective, written documentation
Parent or guardian of a minor child
Sources conflict; DMAS's 2025 rules allow extraordinary care
Spouse
Sources conflict; DMAS's 2025 rules allow extraordinary care
Guardian of an adult, or power of attorney
Not addressed by 12VAC30-122-120 or DMAS's 2025 rules
If you live with the person, 12VAC30-122-120 lets a Virginia DD waiver pay you only with "objective, written documentation" showing "there are no persons available to provide supports to the individual other than the unpaid family/caregiver who lives in the home."Virginia General Assembly. (2021). 12VAC30-122-120. Provider requirements (DD Waivers), Virginia Administrative Code, law.lis.virginia.gov (derived eff. March 31, 2021). law.lis.virginia.gov. Retrieved Oct 14, 2026, from https://law.lis.virginia.gov/admincode/title12/agency30/chapter122/section120/ That paperwork can be what stands between your household and a paycheck for care you already give, so ask early who prepares it.
Spouses and Parents of Minor Children
If you're the spouse of an adult on a DD waiver, or the parent of a child on one, Virginia's official texts disagree, and that's frustrating.
What DMAS's 2025 rules say. DMAS's legally responsible individual (LRI) rules, approved by CMS on April 17, 2025 and in effect since July 1, 2025, cover the Community Living and Family and Individual Support waivers (and the CCC Plus Waiver). An LRI is a spouse, or the parent or legal guardian of a minor. Under DMAS's 2025 rules, an LRI can be the paid aide or attendant for personal care that is "extraordinary in nature," above and beyond what they're obligated to provide.Centers for Medicare & Medicaid Services. (n.d.). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/medicaid/home-community-based-services/downloads/leveraging-family-care.pdf
Tasks: DMAS limits a paid LRI to activities of daily living; "Instrumental Activities of Daily Living (IADLs) and general supervision are not considered extraordinary care."Virginia General Assembly. (2021). 12VAC30-122-120. Provider requirements (DD Waivers), Virginia Administrative Code, law.lis.virginia.gov (derived eff. March 31, 2021). law.lis.virginia.gov. Retrieved Oct 14, 2026, from https://law.lis.virginia.gov/admincode/title12/agency30/chapter122/section120/
DMAS's bulletin frames extraordinary care around "the extraordinary needs of the member under the age of 18" and states no separate standard for the spouse of an adult.Virginia General Assembly. (2021). 12VAC30-122-120. Provider requirements (DD Waivers), Virginia Administrative Code, law.lis.virginia.gov (derived eff. March 31, 2021). law.lis.virginia.gov. Retrieved Oct 14, 2026, from https://law.lis.virginia.gov/admincode/title12/agency30/chapter122/section120/
What the regulation still says. Virginia's DD waiver regulation, 12VAC30-122-120 B, derived effective March 31, 2021, still bars parents of minors and spouses, and its text hasn't been amended to match DMAS's 2025 rules.Virginia General Assembly. (2021). 12VAC30-122-120. Provider requirements (DD Waivers), Virginia Administrative Code, law.lis.virginia.gov (derived eff. March 31, 2021). law.lis.virginia.gov. Retrieved Oct 14, 2026, from https://law.lis.virginia.gov/admincode/title12/agency30/chapter122/section120/ Get written confirmation from DMAS or the Community Services Board before you count on the income. Our guide to getting paid to care for your spouse in Virginia covers other routes.
How to Start as a Virginia DD Waiver Family Caregiver
How does DMAS decide whether a parent's care for a child is extraordinary?
Under DMAS's 2025 rules, a parent's or guardian's paid personal care must go beyond "the typical basic care for a child that all families with children of the same age may experience." DMAS gives providers a guide based on the child's chronological age.Centers for Medicare & Medicaid Services. (n.d.). medicaid.gov. Retrieved Jul 30, 2026, from https://www.medicaid.gov/medicaid/home-community-based-services/downloads/leveraging-family-care.pdf
If I'm paid as my spouse's or child's caregiver, can we still get respite?
Find personalized help getting paid through Virginia's DD waivers 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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