Georgia ICWP Waiver 2026: Independent Care Waiver Program
A spinal cord injury or traumatic brain injury at 40 does not fit Georgia's aging-focused Medicaid waivers.
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Brevy Care Team
11 min read · Published May 12, 2026 · Last verified August 4, 2026
A spinal cord injury or traumatic brain injury at 40 does not fit Georgia's aging-focused Medicaid waivers. The Independent Care Waiver Program (ICWP) is the Georgia Medicaid waiver built for working-age adults with a severe physical disability who would otherwise need hospital or nursing facility care. It is one of Georgia's four active Section 1915(c) home and community-based services waivers, and it occupies a specific gap: the Elderly and Disabled Waiver Program (EDWP), delivered through the CCSP and SOURCE service models, serves mainly older and disabled adults at nursing facility level of care, while NOW and COMP serve people with intellectual and developmental disabilities. ICWP is the door for a working-age Georgian with a spinal cord injury, traumatic brain injury, late-stage multiple sclerosis, ALS, or advanced muscular dystrophy.Centers for Medicare & Medicaid Services. (1915). CMS/Medicaid.gov — Georgia 1915(c) HCBS waivers (DCH corrective action plan). medicaid.gov. Retrieved Aug 3, 2026, from https://www.medicaid.gov/medicaid/home-community-based-services/downloads/ga-prop-cap.pdf
ICWP eligibility has four parts: age, functional need, finances, and residency.
Age: 21 to 64
ICWP serves adults ages 21 to 64 with a severe physical disability or traumatic brain injury.Administration for Community Living. (n.d.). Veteran-Directed Care Program. acl.gov. https://acl.gov/programs/veteran-directed-home-and-community-based-services/veteran-directed-home-community-based If you reach 65 while enrolled, ask the program whether you continue in ICWP or move to an aging-services waiver. Adults who are 65 or older when they first apply are generally directed to the Community Care Services Program (CCSP) or Service Options Using Resources in a Community Environment (SOURCE), which are designed for older adults.Centers for Medicare & Medicaid Services. (1915). CMS/Medicaid.gov — Georgia 1915(c) HCBS waivers (DCH corrective action plan). medicaid.gov. Retrieved Aug 3, 2026, from https://www.medicaid.gov/medicaid/home-community-based-services/downloads/ga-prop-cap.pdf
Functional Need: Hospital or Nursing Facility Level of Care
ICWP requires that, without home and community-based services, you would need hospital or nursing facility level of care.Centers for Medicare & Medicaid Services. (1915). CMS/Medicaid.gov — Georgia 1915(c) HCBS waivers (DCH corrective action plan). medicaid.gov. Retrieved Aug 3, 2026, from https://www.medicaid.gov/medicaid/home-community-based-services/downloads/ga-prop-cap.pdf There is no single federal definition of nursing facility level of care; federal law requires each state to set its own assessment instrument and criteria, so Georgia uses its own tool and threshold.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r(e)(5) — State specifies the resident assessment instrument. uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r&num=0&edition=prelim The assessment looks at physical function, skilled-nursing or medical needs, and, for TBI, cognitive and behavioral status. Physical function is measured through Activities of Daily Living (ADLs), the basic self-care tasks of bathing, dressing, eating, transferring, toileting, and continence, alongside Instrumental Activities of Daily Living (IADLs) such as managing medications, meal preparation, and transportation.Administration for Community Living. (n.d.). Administration for Community Living (HHS/ACL) — Long-Term Care Glossary (ADLs). acl.gov. Retrieved Aug 3, 2026, from https://acl.gov/ltc/glossary
Conditions that commonly meet the functional test include spinal cord injury (especially cervical or high thoracic injuries that cause tetraplegia or high paraplegia), moderate-to-severe TBI, amyotrophic lateral sclerosis (ALS), late-stage multiple sclerosis, advanced muscular dystrophy, and severe post-stroke impairment in a working-age adult.Centers for Medicare & Medicaid Services. (1915). CMS/Medicaid.gov — Georgia 1915(c) HCBS waivers (DCH corrective action plan). medicaid.gov. Retrieved Aug 3, 2026, from https://www.medicaid.gov/medicaid/home-community-based-services/downloads/ga-prop-cap.pdf
Income. Georgia is an income-cap state. The institutional income limit, called the Medicaid Cap, is set at 300% of the Supplemental Security Income (SSI) federal benefit rate, which works out to $2,982 per month for a single applicant in 2026.U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 4, 2026, from https://www.ssa.gov/oact/cola/SSI.html An applicant whose gross income is at or above that limit can still qualify by routing income through a Qualified Income Trust, also called a Miller Trust.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Aug 4, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Assets. The countable asset limit is $2,000 for a single applicant and $3,000 for a couple under Georgia's aged, blind, and disabled pathway.U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 4, 2026, from https://www.ssa.gov/oact/cola/SSI.html
A married applicant with a community spouse. Federal spousal impoverishment rules set aside a share of a couple's countable resources for the at-home spouse. For 2026 the Community Spouse Resource Allowance (CSRA) ranges from $32,532 to $162,660, and each state elects a standard within that range.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. uscode.house.gov. Retrieved Aug 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim These allowances are set for long-term-care Medicaid generally, so ask Georgia's Division of Family and Children Services how they are applied to an ICWP application before you count on a particular figure.
Transfers. Georgia applies the federal 60-month (five-year) look-back to uncompensated asset transfers; transfers for less than fair market value during that window can trigger a penalty period.Office of the Law Revision Counsel, U.S. House of Representatives. (2026). 42 USC 1396p - Liens, adjustments and recoveries, and transfers of assets (OLRC, U.S. Code preliminary release; text contains those laws in effect on August 1, 2026). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
Home equity. For 2026, the Medicaid home equity limit runs from a federal minimum of $752,000 to a state-discretion maximum of $1,130,000, indexed annually; the minimum applies unless a state elects a higher standard, so confirm the figure Georgia uses.Office of the Law Revision Counsel, U.S. House of Representatives. (2026). 42 U.S.C. 1396p(f) - Disqualification for long-term care assistance for individuals with substantial home equity, including the (f)(2) exception and the (f)(4) hardship waiver (uscode.house.gov prelim view, rolling edition; text contains those laws in effect on August 1, 2026). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim Under Public Law 119-21, the equity limit becomes a flat $1,000,000 (not indexed) for non-agricultural homes effective January 1, 2028.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396p - Office of the Law Revision Counsel (prelim edition), Pub. L. 119-21 Sec. 71108 amendment. uscode.house.gov. Retrieved Aug 5, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
A Miller Trust must hold only the applicant's own income, be irrevocable, and name the State of Georgia as remainder beneficiary up to what Medicaid paid; income routed through it does not count toward the income limit but still counts toward the applicant's share of cost.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396p(d)(4)(B) — U.S. Code (uscode.house.gov, prelim/current edition). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
Residency
You must be a Georgia resident and a U.S. citizen or a qualified non-citizen.
What the Georgia ICWP Waiver Covers
ICWP funds home and community-based services so an adult with a severe physical disability or TBI can live in the community rather than in an institution.Centers for Medicare & Medicaid Services. (1915). CMS/Medicaid.gov — Georgia 1915(c) HCBS waivers (DCH corrective action plan). medicaid.gov. Retrieved Aug 3, 2026, from https://www.medicaid.gov/medicaid/home-community-based-services/downloads/ga-prop-cap.pdf The exact service package is set in your individual care plan; typical ICWP services include:
Personal support services (PSS): hands-on help with bathing, dressing, toileting, transferring, eating, light housekeeping, meal preparation, and medication reminders, delivered by an aide from an approved ICWP provider agency.
Skilled nursing: periodic in-home nursing for medication administration, complex wound care, tracheostomy or ventilator management, feeding-tube care, and catheter care.
Adult day health: center-based daytime supervision, nursing oversight, meals, and rehabilitation.
Respite care: short-term in-home or out-of-home relief for the family caregiver.
Specialized medical equipment and supplies: power wheelchairs, ventilators, communication devices, hospital beds, pressure-relief mattresses, and similar equipment beyond what standard Medicaid covers.
Environmental and vehicle modifications: ramps, roll-in showers, widened doorways, lifts, and vehicle adaptations such as hand controls, each subject to ICWP cost caps.
Emergency response system: a wearable or in-home button connected to 24-hour monitoring.
Georgia reviews your medical records, recent physician evaluations, a functional assessment, any hospital discharge summary, and relevant specialty consultations (neurology, physical medicine and rehabilitation, or neurosurgery). If records are incomplete, the review may require additional evaluations.
3
Step 3
Apply for Medicaid
If you are not already a Medicaid recipient, apply for long-term-care Medicaid through the Division of Family and Children Services. Apply online at gateway.ga.gov or in person at your local office.U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 4, 2026, from https://www.ssa.gov/oact/cola/SSI.html See our Georgia Medicaid application guide.
4
Step 4
Choose a provider and build a care plan
Once approved, you select an approved ICWP provider agency in your area. The agency completes an in-home assessment, develops your care plan, submits it to Georgia for approval, and then coordinates services with ongoing monthly contact.
The ICWP Waitlist and Crisis Priority
A Section 1915(c) waiver may cap the number of people it serves: the state names a maximum number of unduplicated participants per waiver year in its waiver application, and that number is the size of the program. Federal law bars the Secretary of Health and Human Services from holding a state's number below 200, but that is a limit on what the federal government may impose, not a promise of a slot to any applicant.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396n(c)(1) — home and community-based waiver authority (uscode.house.gov, current). uscode.house.gov. Retrieved Aug 1, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396n&num=0&edition=prelim Being found eligible and being served are therefore two different events: when capacity is full, an eligible applicant is placed on a waiting list and served as openings appear.
Georgia prioritizes the most urgent situations. To support an urgent request, document the circumstances that put you at imminent risk of hospital or nursing facility placement, such as a recent traumatic injury with no safe discharge plan, the loss or collapse of a caregiver, or a protective-services referral. A physician letter documenting placement risk strengthens the request. Confirm the current priority categories and required documentation with Alliant GMCF when you apply.Administration for Community Living. (n.d.). Veteran-Directed Care Program. acl.gov. https://acl.gov/programs/veteran-directed-home-and-community-based-services/veteran-directed-home-community-based
What ICWP Costs You
ICWP is home and community-based, so the cost-share rules use the HCBS post-eligibility treatment of income under 42 CFR 435.726 rather than the nursing-home rules.Centers for Medicare & Medicaid Services. (1915). CMS/Medicaid.gov — Georgia 1915(c) HCBS waivers (DCH corrective action plan). medicaid.gov. Retrieved Aug 3, 2026, from https://www.medicaid.gov/medicaid/home-community-based-services/downloads/ga-prop-cap.pdf Under that framework, Georgia first protects a maintenance allowance for your community living expenses, such as rent or mortgage, utilities, food, and personal needs, and any remaining income may be applied toward the cost of your care. Georgia calculates each participant's share individually from income and allowable deductions, so it varies from person to person. Confirm your exact share with your provider agency once your care plan is set.
How ICWP Compares to Georgia's Other Waivers
Georgia runs four active 1915(c) waivers. The table shows how ICWP differs from the other three by who they serve, the level of care required, and where to apply.Centers for Medicare & Medicaid Services. (1915). CMS/Medicaid.gov — Georgia 1915(c) HCBS waivers (DCH corrective action plan). medicaid.gov. Retrieved Aug 3, 2026, from https://www.medicaid.gov/medicaid/home-community-based-services/downloads/ga-prop-cap.pdf
Waiver
Who it serves
Level of care
Administered by
ICWP
Adults 21 to 64 with severe physical disability or TBI
Hospital or nursing facility
Department of Community Health
EDWP (delivered as CCSP and SOURCE)
Mainly older and disabled adults; SOURCE adds physician-coordinated case management
Nursing facility
Department of Community Health
NOW
People with intellectual or developmental disabilities
ICF/IID
Department of Community Health (day-to-day by DBHDD)
COMP
People with intellectual or developmental disabilities
ICF/IID
Department of Community Health (day-to-day by DBHDD)
The Elderly and Disabled Waiver Program (EDWP) is the aging-services waiver, and CCSP and SOURCE are the two service-delivery models found within it rather than separate waivers. The New Options Waiver (NOW) and Comprehensive Supports Waiver (COMP) serve people with intellectual and developmental disabilities; DCH administers both and delegates day-to-day operation to the Georgia Department of Behavioral Health and Developmental Disabilities (DBHDD) through six regional field offices. ICWP is the only one of the four built specifically for working-age adults with a severe physical disability or TBI.Centers for Medicare & Medicaid Services. (1915). CMS/Medicaid.gov — Georgia 1915(c) HCBS waivers (DCH corrective action plan). medicaid.gov. Retrieved Aug 3, 2026, from https://www.medicaid.gov/medicaid/home-community-based-services/downloads/ga-prop-cap.pdf
If Georgia Denies Your ICWP Application
If your ICWP application is denied or your services are reduced, you have the right to appeal through a State Fair Hearing before the Georgia Office of State Administrative Hearings (OSAH). Your denial or change notice states the deadline to request a hearing and how to file, so read it carefully and act before that date. If the action is a termination or reduction of services you already receive, you may be able to keep those services during the appeal by filing quickly, as your notice explains.
ICWP serves working-age adults, ages 21 to 64, with a severe physical disability or traumatic brain injury, and intake runs through Alliant GMCF. CCSP and SOURCE are the two service-delivery models found within Georgia's Elderly and Disabled Waiver Program (EDWP), the aging-services waiver that serves mainly older and disabled adults at nursing facility level of care, with intake through the aging network. A person enrolls in one waiver, not several.Centers for Medicare & Medicaid Services. (1915). CMS/Medicaid.gov — Georgia 1915(c) HCBS waivers (DCH corrective action plan). medicaid.gov. Retrieved Aug 3, 2026, from https://www.medicaid.gov/medicaid/home-community-based-services/downloads/ga-prop-cap.pdf,Administration for Community Living. (n.d.). Veteran-Directed Care Program. acl.gov. https://acl.gov/programs/veteran-directed-home-and-community-based-services/veteran-directed-home-community-based
What if my income is over the limit?
The 2026 income limit is $2,982 per month for a single applicant.U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 4, 2026, from https://www.ssa.gov/oact/cola/SSI.html If your gross income is at or above that, you can still qualify by establishing a Qualified Income Trust (Miller Trust) under 42 U.S.C. 1396p(d)(4)(B). The trust must be irrevocable, hold only your own income, and name the State of Georgia as remainder beneficiary up to what Medicaid pays. Income routed through it does not count toward the income limit.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396p(d)(4)(B) — qualified income trust (uscode.house.gov, current). uscode.house.gov. Retrieved Aug 1, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim,Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Aug 4, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf See our Georgia Miller Trust guide.
Can a family member be paid to care for me under ICWP?
Sometimes. ICWP lets you self-direct your personal support services, and adult children, siblings, in-laws, cousins, and other relatives or unrelated workers may be hired through an approved provider agency. Georgia categorically excludes spouses, parents of a minor recipient, legal guardians, and conservators from being paid as your ICWP worker. Holding a power of attorney for you is not on that list. One caution on how solid this is: DCH's own ICWP pages do not address paid-relative eligibility, so the exclusion list comes from provider program pages rather than a state form. Ask your case manager to confirm your worker's status before you commit to the arrangement.Administration for Community Living. (n.d.). Veteran-Directed Care Program. acl.gov. https://acl.gov/programs/veteran-directed-home-and-community-based-services/veteran-directed-home-community-based
How does the ICWP waitlist work, and how do I get seen faster?
Because ICWP can cap enrollment, an eligible applicant is placed on a waiting list and served as capacity allows.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396n(c)(1) — home and community-based waiver authority (uscode.house.gov, current). uscode.house.gov. Retrieved Aug 1, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396n&num=0&edition=prelim Georgia prioritizes urgent situations; documenting an imminent risk of hospital or nursing facility placement, a recent traumatic injury with no safe discharge plan, or the loss of a caregiver strengthens a request. Ask Alliant GMCF about the current priority categories.Administration for Community Living. (n.d.). Veteran-Directed Care Program. acl.gov. https://acl.gov/programs/veteran-directed-home-and-community-based-services/veteran-directed-home-community-based
What happens if I am denied ICWP?
You can request a State Fair Hearing before the Office of State Administrative Hearings (OSAH). Your denial notice states the filing deadline and how to keep existing services during the appeal if the action is a termination or reduction. Free legal help is available through the Georgia Legal Services Program and the Atlanta Legal Aid Society.
Find personalized help navigating the Georgia ICWP waiver and your application 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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Brevy Care Team
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