North Carolina Medicaid updated guidance on when a Legally Responsible Individual can be paid as a caregiver under the Community Alternatives Program for Children (HCBS waiver) Consumer Directed model, posting the bulletin Oct. 12, 2026.

The revised LRI Toolkit took effect Sept. 22, 2026, and replaces prior guidance. NC Medicaid said it made no changes to the CAP/C waiver approved for 2023–2028, clinical coverage policy 3K-1, extraordinary-circumstances criteria or monitoring requirements. Case management entities should use LRP Paid Caregiver Review Tool v.3 (September 2026) at initial assessment and annual Continued Needs Review.

Documentation changes

Supporting documentation options now include a letter from the beneficiary’s treating practitioner. The extraordinary-circumstances checklist was reformatted but kept aligned with the waiver. NC Medicaid will accept a qualifying practitioner letter as enough support for now to help clear the CNR backlog; that interim approach may be revisited when CAP/C is resubmitted to CMS.

People previously denied as paid LRIs may ask their case manager to update the plan of care. Approvals under the new guidance start on the plan approval date—no retroactive pay. Families with a CNR already in review can have the practitioner letter uploaded to e-CAP.

Why this matters for providers and DSPs

CAP/C self-direction often depends on a parent or guardian as the only available PCA-type worker when agencies cannot staff pediatric shifts. Clearer documentation can reopen paid-caregiver arrangements that were denied on paperwork, but extraordinary-circumstances limits and the 40-hour weekly paid-caregiver cap described in NC Medicaid’s LRI materials still apply. Fiscal intermediaries and case managers should swap in Review Tool v.3 immediately and stop using older checklists.