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Partner David Cutner, as an Elder Law Expert on the eCareDiary website, recently answered a new question posted by a user of the site. The question was, If I have Medicaid home care, can I select my own caregiver, or do I have to work with a Medicaid approved agency? Mr. Cutner’s answer was, yes, you can select your own caregiver using Medicaid’s CDPAP program, but you need to be aware of the conditions.

Under the CDPAP program, you choose the caregiver, and she is paid by Medicaid (at Medicaid’s rates). However, you will not have the support of an agency in the event that your caregiver is unable to come to work. You would be well advised to have back-up support lined up in advance, in case there is a problem.

If you are waiting to be approved for Medicaid home care and are private paying in the meanwhile, your chances of being reimbursed by Medicaid will be greatly enhanced if you use a Medicaid licensed agency. As Mr. Cutner states, if you work with an unlicensed agency or with a consumer directed caregiver, there is a high risk that your reimbursement request will be denied.

Making sure you understand the issues involved with obtaining and paying for senior care is extremely important. That is why so many people employ Elder Law attorneys to assist them.

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