Does New Jersey Medicaid Permit a Family Member to be Paid to Provide Care?

We tell our elder law clients that family members are allowed to receive payment for their duties as caregivers.   Family members who wish to be paid as caregivers should be conservative when determining a fee.  Fees should be less than or equal to the current fair market value of an outside aide service.  Also, family caregivers must be realistic when determining the amount of hours worked.  For example, if the family member holds a full time job, he or she may not charge for care given while at work in their full time employment.  Family members may not be paid in advance (in a lump sum) nor may they be hired retroactively for services already provided.  If there is no family caregiver agreement in place, the family member may not be paid for past services.  New Jersey Medicaid presumes that the care was provided by the child “out of love” with no expectation of financial compensation.