Most people who qualify for a Medicaid nursing home would rather stay in their own home, and Medicaid Home and Community-Based Services (HCBS) waivers are how Medicaid pays for that. Each state runs its own named waivers with its own rules, waitlists, and covered services, so the practical details are local. Below is how HCBS waivers work everywhere, and then a directory that opens your own state's guide.U.S. Government Publishing Office. (2025). 42 CFR 441.304 — Duration, extension, and amendment of a waiver (govinfo.gov, CFR-2025-title42-vol4). govinfo.gov. Retrieved Jun 25, 2026, from https://www.govinfo.gov/content/pkg/CFR-2025-title42-vol4/pdf/CFR-2025-title42-vol4-sec441-304.pdf
In This Guide
- What Medicaid HCBS Waivers Are
- What's the Same Everywhere, and What Your State Controls
- How a Medicaid HCBS Waiver Works: The Two Tests
- Why Waitlists Happen
- Find Your State's HCBS Waiver Guide
- Frequently Asked Questions
- Learn More
What Medicaid HCBS Waivers Are
Home and Community-Based Services, usually shortened to HCBS, are the long-term supports Medicaid pays for outside of an institution. Instead of covering a bed in a nursing facility, an HCBS program covers the help a person needs to keep living in their own home, a family member's home, or another community setting: personal care, in-home aides, adult day programs, respite for family caregivers, home modifications, and more.
Most of these programs are authorized under Section 1915(c) of the Social Security Act, the federal law that lets a state ask the federal government for permission, a "waiver," to offer this kind of care to people who would otherwise need institutional placement. A 1915(c) waiver runs in fixed terms: it's approved for an initial three-year period and renewed after that, which is one reason program details change over time.U.S. Government Publishing Office. (2025). 42 CFR 441.304 — Duration, extension, and amendment of a waiver (govinfo.gov, CFR-2025-title42-vol4). govinfo.gov. Retrieved Jun 25, 2026, from https://www.govinfo.gov/content/pkg/CFR-2025-title42-vol4/pdf/CFR-2025-title42-vol4-sec441-304.pdf
The key thing to understand is that there is no single benefit called "the Medicaid HCBS waiver." Each state runs its own named waivers, often several of them for different groups, and the one built for aged and physically disabled adults is usually the one families are looking for. That's why the last step in this guide is to open your own state's page.
What's the Same Everywhere, and What Your State Controls
It helps to separate the parts that are federal from the parts your state decides.
The federal floor is the same everywhere. Nursing-home care is a mandatory Medicaid benefit, meaning every state must cover it for people who qualify. Home and community-based care, by contrast, is largely optional: federal law lets states offer it, but leaves them wide latitude over how.U.S. Government Publishing Office. (n.d.). Electronic Code of Federal Regulations (ecfr.gov) - 42 CFR 440.210, required services for the categorically needy. ecfr.gov. Retrieved Jul 13, 2026, from https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-42?chapter=IV&subchapter=C&part=440§ion=440.210 That single difference is why HCBS looks so different from state to state while nursing-home coverage looks broadly similar.
What each state controls is nearly everything practical: the names of its waivers, which groups they serve, the exact services covered, the financial rules it applies, whether there's a waitlist, and how you apply. Federal rules also require states to meet HCBS access and quality standards, but the day-to-day shape of the program is a state decision.Centers for Medicare & Medicaid Services. (n.d.). Ensuring Access to Medicaid Services Final Rule (CMS-2442-F). cms.gov. Retrieved Jun 22, 2026, from https://www.cms.gov/newsroom/fact-sheets/ensuring-access-medicaid-services-final-rule-cms-2442-f That's exactly the part a national page can't answer for you, and it's why the directory below matters.
How a Medicaid HCBS Waiver Works: The Two Tests
Qualifying for an HCBS waiver almost always means clearing two separate tests.
The first is functional: a nursing-facility level of care. The waiver is for people who are assessed as needing the kind of institutional-level care a nursing home provides but who want to receive it at home instead. If someone wouldn't qualify for a nursing home, they generally won't qualify for the waiver.
The second is financial: your state's Medicaid rules for long-term care. Many states apply the same income and asset limits to waiver applicants that they use for nursing-home Medicaid, and many use a special income limit tied to the federal benefit rate. The exact figures are state-specific, so check your state's guide or our Medicaid income limits by state page for the number that applies to you.
Once you meet both tests and enroll, a care manager typically assesses your needs and builds a plan of the specific services the waiver will pay for.
Why Waitlists Happen
The most important difference between an HCBS waiver and nursing-home Medicaid is that a waiver can cap how many people it serves at one time. Nursing-home coverage is an entitlement: if you qualify, you get it. A waiver is not, so a state can limit the number of slots, and when demand exceeds slots, applicants go on an interest list or waitlist.
That's why applying early matters, and why "Am I approved for Medicaid?" and "Is there a waiver slot open?" are two separate questions. Some states also run programs that help someone already living in a nursing home move back home, an approach known as money follows the person, which can be a faster route than the general waitlist for a person leaving a facility.U.S. Government Publishing Office. (n.d.). PLAW 109publ171. govinfo.gov. Retrieved Jun 25, 2026, from https://www.govinfo.gov/content/pkg/PLAW-109publ171/pdf/PLAW-109publ171.pdf Your state's guide explains where its waitlist stands and how enrollment works.
Find Your State's HCBS Waiver Guide
Pick your state for its Medicaid HCBS waiver guide: the named waiver programs, who they serve, what they cover, the financial rules, the waitlist, and how to apply where you live.
No state matches that. Check the spelling?
Frequently Asked Questions
What is a Medicaid HCBS waiver?
It's a state Medicaid program, authorized under Section 1915(c) of the Social Security Act, that pays for long-term care in your home or community instead of a nursing facility. States run their own named waivers with their own rules, so the specifics depend on where you live.U.S. Government Publishing Office. (2025). 42 CFR 441.304 — Duration, extension, and amendment of a waiver (govinfo.gov, CFR-2025-title42-vol4). govinfo.gov. Retrieved Jun 25, 2026, from https://www.govinfo.gov/content/pkg/CFR-2025-title42-vol4/pdf/CFR-2025-title42-vol4-sec441-304.pdf
Can I choose to get care at home instead of in a nursing home?
You can ask for it. If you're assessed as needing a nursing-facility level of care, an HCBS waiver is the route to receiving that care at home instead. But a waiver isn't guaranteed the way nursing-home coverage is: you have to meet your state's rules, and in many states wait for an open slot.U.S. Government Publishing Office. (n.d.). Electronic Code of Federal Regulations (ecfr.gov) - 42 CFR 440.210, required services for the categorically needy. ecfr.gov. Retrieved Jul 13, 2026, from https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-42?chapter=IV&subchapter=C&part=440§ion=440.210
Why is there a waitlist for a Medicaid waiver?
Unlike nursing-home coverage, a waiver can serve only a set number of people at once, so when more people apply than there are slots, states use an interest list or waitlist. Qualifying for Medicaid and getting a waiver slot are two separate steps.
Do HCBS waivers have income limits?
Yes, and they're set by your state. Many states apply the same long-term-care income and asset rules to waiver applicants that they use for nursing-home Medicaid. Check your state's guide or our income-limits-by-state page for the figure that applies to you.
Learn More
Find personalized help understanding your state's Medicaid HCBS waivers and applying for home care 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.