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A.R.S. § 36-3312

Residency Requirement for Paid Caregivers Program

Verified April 4, 202657th Legislature, 1st Regular Session

To join Arizona's parents as paid caregivers program, a parent must have lived in Arizona for at least six months. This rule is subject to approval by the federal Centers for Medicare and Medicaid Services.

Title 36, LIVING WILLS AND HEALTH CARE DIRECTIVES

azleg.gov

The Six-Month Residency Requirement

Arizona adds a residency rule to its parents as paid caregivers program. Before a parent can receive pay for providing attendant care, they must have lived in Arizona for at least six months.

Subject to the approval by the centers for medicare and medicaid services, a parent must be a resident of this state for at least six months to be eligible to provide care under the parents as paid caregivers program.

A.R.S. § 36-3312

There is an important qualifier: this rule needs CMS approval. Medicaid is funded by both the federal and state governments.

The federal government must agree to any conditions Arizona adds to its waiver. Until CMS approves this rule, it may not be enforceable.

What This Means for Families

For caregivers who recently moved to Arizona, this rule creates a waiting period. The child's AHCCCS eligibility is decided on its own.

The parent's ability to become a paid caregiver under this program requires established Arizona residency.

This type of rule is common in state benefit programs. It helps direct resources to established residents. Newer residents can qualify after the waiting period ends. The child may still receive care through ALTCS or other programs in the meantime.

Planning Around the Waiting Period

Many families find that knowing about this rule early helps with planning. If your child needs help with daily activities, the six-month rule lets you prepare for the gap.

The care your child needs does not pause while the clock runs. Some families use other programs, savings, or community resources during this time.

The 40 hours per week cap under A.R.S. 36-3311 applies once the parent qualifies. Until then, the child's broader AHCCCS coverage through ALTCS may start sooner.

Subject to the approval by the centers for medicare and medicaid services, a parent must be a resident of this state for at least six months to be eligible to provide care under the parents as paid caregivers program.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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