Home and community services
Home Care Nursing Hardship Waiver
The Home Care Nursing (HCN) Hardship Waiver allows parents/family foster parents of minor children, legal guardians or spouses to provide home care nursing services to a person who is eligible for Medical Assistance and authorized to receive these services.
The Home Care Nursing Hardship Waiver applies to people who are the person’s:
- Parent (biological and adoptive) of a minor child.
- Legal guardian, as determined by a court of law.
- Conservator, as determined by a court of law.
- Spouse.
Note: Other family members may serve as a person's home care nursing workers without completing a hardship waiver.
Who is eligible for a hardship waiver?
To be eligible to apply for the hardship waiver, the parent/family foster parent of minor children, legal guardian or spouse must:
- Be a registered nurse (RN) or licensed practical nurse (LPN) currently licensed in Minnesota.
- Be employed by a home care nursing agency or Medicare-certified home health agency.
- Expect to continue as the primary and/or emergency-backup caregiver without any reimbursement for those services.
- Pass a criminal background check.
- Be in at least one of the following situations:
- Changed from full-time to part-time employment (that results in less compensation) to provide HCN services to the person.
- Resigned from a full-time or part-time job to provide home care nursing services to the person.
- Took a leave of absence without pay from a full-time or part-time job to provide home care nursing services to the person.
- Needed to provide an adequate number of qualified nurses to meet the person’s needs because of labor conditions, specific language needs or intermittent hours of care.
Note: The hardship waiver is not available for people who use consumer directed community supports services.
Quick links
Medical Assistance (MA)
Consumer directed community supports (CDCS)
Consumer directed community supports (CDCS)Home Care Nursing Hardship Waiver application DHS-4109 (PDF)
Home Care Nursing Hardship Waiver applicationDisability Services Division contact form
Disability Services Division contact formHow do people using HCN apply for a hardship waiver?
If a person wishes to apply for an HCN hardship waiver:
- People not using HCN through a managed care organization (MCO): The person’s HCN agency or home health agency must complete and submit the Home Care Nursing Hardship Waiver application to DHS for review and approval.
- People using HCN through an MCO: The person’s HCN agency or home health agency must submit a request to the MCO for approval.
People may submit a question on the Disability Services Division contact form if they are unable to find information about Disability Services Division programs and services.
Home Care Nursing Hardship Waiver application (PDF) Disability Services Division contact form