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By John R. Merlino Jr. Esq.
Founding Attorney

Being able to act as a caregiver to an aging or disabled family member can be a very fulfilling and rewarding endeavor. Family caregivers are able to make family members more comfortable as they age in place at home. While acting as a family caregiver has its own rewards, it can come with pretty substantial financial costs. Many family caregivers have to forego job opportunities or job advancement. Some need to stop working completely to meet the demands of serving as a family caregiver. Missed wages and missed earning potential can take a big financial toll. This leads many family caregivers to wonder whether they can be compensated for their caregiver role. Fortunately, New York offers several potential ways for family caregivers to be compensated.

Can You Be Paid as a Family Caregiver?

There are actually a number of programs in place through which a family caregiver could receive compensation for the caregiving assistance they are providing to a family member. Whether a caregiver qualifies for compensation under a program will depend on a number of factors. It may depend on the financial resources of the family member requiring care. It may depend on the level and nature of the care the family member requires. It may also depend on the insurance coverage the family member requiring care may have as well as whether or not he or she is a U.W. war time veteran.

One of the best options for family caregivers in New York to seek compensation for caregiving services is through the Medicaid Consumer-Directed Personal Assistance Program (CDPAP). The CDPAP is consumer-directed meaning that the program beneficiary can be in charge of who provides him or her with personal care assistance. This means that the beneficiary can select a family member, adult child, or even a friend and hire that person to provide personal care. It should be noted, however, that spouses cannot be hired under this program. Furthermore, as this is a Medicaid program, there are certain financial eligibility criteria that must be met.

For those seniors who do not meet the eligibility requirements for Medicaid, the Expanded In-Home Services for the Elderly Program (EISEP) may be an option. A non-Medicaid program, EISEP is a consumer directed program allowing participants to select a caregiver to provide in-home care services. Program applicants must be living at home and require help with activities of daily living. Furthermore, program applicants must be able to show limited income and ineligibility for Medicaid. Depending on an applicant’s income level, he or she may have to make a co-payment to participate in the program.

Family caregivers may also seek compensation if the loved one requiring care is a U.S. war time veteran through the Veteran’s Aid & Attendance Pension program. If the family member has long-term care insurance, this could also be an option. If long-term care insurance is available, check the policy to see what type of home care is covered. In some cases, the in-home care must be provided by a licensed home care agency. Often times, however, family members can be hired by a licensed home care agency in order to qualify for receiving payments under a long-term care policy.

Elder Law Attorneys

The role of a caregiver is a difficult one for so many reasons. The dedicated elder law team at Merlino & Gonzalez is here to provide support and legal counsel for caregivers and those they care for. Contact us today.

About the Author
John is a fierce advocate and the office guru for problem-solving and brainstorming. He guides clients through every stage of a real estate transaction from offer to contract, navigating through nerve-shattering home inspection and title clearance concerns, maintaining constant contact with lenders, conducting the actual closing, and continuing to advise clients with regard to any post-closing concerns.  John brings a practical and fair-minded approach to the process which has earned him the respect of his clients and peers.