New Mexico Medicaid program

Mi Via New Mexico: Get Paid To Care For A Family Member

Updated

Mi Via ("my way" or "my path") is New Mexico's self-directed Medicaid waiver. It lets a member with an intellectual, developmental, or medically fragile condition control their own budget and hire the people they trust - including relatives, and even a spouse in many cases - to provide their care.

What is Mi Via?

Mi Via is New Mexico's self-directed Home and Community-Based Services (HCBS) waiver, administered by the New Mexico Health Care Authority (formerly the Human Services Department). "Mi Via" is Spanish for "my way" or "my path," and the name reflects the whole idea of the program: instead of an agency deciding who provides your care and when, the member (or their representative) is put in charge of an individual budget and directs their own services.

Mi Via serves two groups of people who would otherwise qualify for institutional care: individuals with intellectual or developmental disabilities (the IDD allocation) and individuals who are medically fragile. To qualify, a person must meet the level of care required for admission to an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF-IID). This is a clinical bar, not an age bar - Mi Via covers children and adults alike, which makes it different from the senior-focused Community Benefit program.

Within their approved budget, members build a Service and Support Plan (SSP) that can pay for direct supports and homemaker services, respite, home health aide services, skilled therapies, employment and community supports, specialized therapies, transportation, and even certain goods and related items. Because the member self-directs, they can hire, train, schedule, and if needed fire their own workers. That is what lets a family member - including, in many situations, a spouse - be paid for care they may already be providing.

Mi Via is one of several New Mexico self-direction paths. Seniors and adults who need a nursing-facility level of care (rather than an ICF-IID level of care) generally self-direct through the Turquoise Care Community Benefit's Self-Directed Community Benefit (SDCB) instead. Both let family members be paid, but Mi Via is the waiver most people mean when they ask about "getting paid to care for a family member" in New Mexico who has a developmental disability or a medically fragile child.

Mi Via eligibility requirements

To be on Mi Via, the person receiving care must qualify for New Mexico Medicaid, meet an institutional level of care, and have an allocation to the waiver. The caregiver does not need to meet any income or asset test - only the member does.

New Mexico Medicaid eligibility
The member must be eligible for New Mexico Medicaid under a category the Medical Assistance Division recognizes for the waiver. Because Mi Via is an HCBS waiver, higher "institutional" income rules apply: in 2026 the monthly income limit is roughly $2,982 for an individual (300% of the federal SSI benefit rate, which changes each year), with a countable asset limit of about $2,000 for an individual.
ICF-IID level of care
A Third Party Assessor determines that the member meets the level of care needed for admission to an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF-IID). This assessment is done in person, usually in the member's home, when they first enroll and at least once a year after that.
IDD or medically fragile status
Mi Via serves people who have an intellectual or developmental disability, or who are medically fragile. Eligibility is confirmed by the Developmental Disabilities Supports Division (DDSD) or the medically fragile process before a waiver allocation is offered.
A waiver allocation (registry)
Mi Via is a capped waiver, so there can be a registry (waiting list). A person is registered and, when an allocation becomes available, is invited to begin the Mi Via intake and planning process. Being on Medicaid alone does not put you on Mi Via.
New Mexico residency
The member must live in New Mexico, and services must be delivered in New Mexico. A paid worker can commute from a neighboring area, but the care itself has to be provided at the member's New Mexico home or in their community.
Ability to self-direct (or a representative who can)
Someone must be able to direct the care. If the member cannot manage the budget and workers themselves, they designate an Employer of Record (EOR) - a qualified adult who recruits, hires, schedules, and supervises the workers on the member's behalf.

Who can - and cannot - be paid through Mi Via

Mi Via is unusually flexible about family: a spouse can be paid for most services, and so can adult children, parents, and other relatives. But New Mexico rule 8.314.6 NMAC sets real guardrails around "legally responsible individuals" (a spouse of the member, or a parent of a minor member) and around who can serve as the Employer of Record.

✓ Who CAN be paid
  • A spouse of an adult member, for most Mi Via services, with written state (HCA/DOH) approval
  • Adult children, siblings, grandchildren, aunts, uncles, nieces, nephews, and in-laws
  • A parent of an adult member (age 18 or older)
  • Friends, neighbors, and other trusted community members the member chooses
  • Multiple relatives sharing the work (for example, two siblings splitting the week)
✕ Who CANNOT be paid
  • A legally responsible individual (member's spouse, or a parent of a minor) paid for tasks they would ordinarily do anyway - and capped at 40 hours per week
  • The person acting as the member's Employer of Record (one person cannot be both the paid worker and the EOR)
  • Anyone providing the Consultant/Support Guide, Assisted Living, or Customized Community Group Supports service (relatives are excluded from these)
  • A worker who has not cleared the required background check and caregiver criminal history screening

Mi Via pay, hours, and overtime

Mi Via workers are paid from the member's individual budget through the Fiscal Management Agency. Rates are set within New Mexico's published waiver rate ranges and cannot fall below the state minimum wage, and the number of hours comes out of what the member's approved budget and plan will support.

Hourly pay

In 2026, most Mi Via direct support and homemaker workers earn roughly $13 to $16 per hour. The floor is the New Mexico minimum wage ($12.65 statewide, higher in some cities like Santa Fe and Albuquerque), and the member sets the actual rate inside the state's allowed range as part of their Service and Support Plan. New Mexico raised waiver rates meaningfully in fiscal year 2025 after a rate study, so figures at the higher end of this range are increasingly common. Workers are employees of the member, so the Fiscal Management Agency (Conduent) withholds federal and state taxes, Social Security, and Medicare and issues a W-2.

Hours and scheduling

There is no single statewide hours cap - hours are limited by the member's individual budget, which is built from their assessed needs. A member can spread their budgeted hours across several workers. One important exception: when the paid worker is a legally responsible individual (the member's spouse, or a parent of a minor member), that person may not be paid for more than 40 hours of services in any seven-day week.

Overtime rules

Federal Fair Labor Standards Act rules apply. A worker who puts in more than 40 hours in a single workweek for one member is generally owed overtime at 1.5 times their regular rate, and that overtime has to fit inside the member's budget. Because legally responsible individuals are already capped at 40 hours a week, overtime mainly comes up for non-spouse workers - and many members schedule two or more workers specifically to keep everyone under 40 hours.

How to apply for Mi Via in New Mexico

  1. Confirm or apply for New Mexico Medicaid. Apply online at YesNM (yes.state.nm.us), by phone through the Consolidated Customer Service Center at 1-800-283-4465, or at a local Income Support Division field office.
  2. Get registered for the Mi Via waiver. Because Mi Via is capped, most people are placed on a registry first. Contact the Health Care Authority Pre-Service Intake Bureau to start registration.
    • Pre-Service Intake Bureau: 505-350-0034 or 505-470-5825
    • The Developmental Disabilities Supports Division (DDSD) confirms IDD or medically fragile eligibility
    • You are contacted when a waiver allocation becomes available
  3. Complete the level of care assessment. A Third Party Assessor visits (usually at home) to confirm the member meets the ICF-IID level of care. This is repeated at least once a year.
  4. Choose a Consultant provider and build your Service and Support Plan (SSP). The Consultant helps you pre-plan, set your individual budget, decide which services you need, and figure out who you want to hire - including whether a spouse or relative will be paid.
  5. Enroll with the Fiscal Management Agency and onboard your workers. Designate an Employer of Record if the member is not directing care themselves, then complete each worker's paperwork.
    • Employer of Record (EOR) registration with the FMA (Conduent)
    • Worker I-9, W-4, and direct deposit forms
    • Caregiver criminal history and background screening
    • Written HCA/DOH approval on file if you are paying a spouse or other legally responsible individual
  6. Submit timesheets and reassess annually. The member or EOR approves each worker's hours; the FMA runs payroll and pays vendors. Your budget, plan, and level of care are renewed each year.

Mi Via New Mexico frequently asked questions

Can my spouse be paid to care for me through Mi Via?

Often yes - and this is what makes New Mexico stand out. Under rule 8.314.6 NMAC, a spouse can be hired and paid for most Mi Via services. There are conditions. A spouse is treated as a "legally responsible individual," so the state (the Health Care Authority / Department of Health) must give written approval, the arrangement generally has to meet "extraordinary circumstances" that protect the member's health and welfare or avoid institutionalization, and a legally responsible individual cannot be paid more than 40 hours in any seven-day week. A spouse also cannot be paid for routine tasks they would normally do in the household anyway, and cannot provide the Consultant/Support Guide, Assisted Living, or Customized Community Group Supports services. If you need a spouse paid for nursing-home-level personal care instead, the Turquoise Care Community Benefit (SDCB) also allows it with your managed care plan's approval. Always confirm the current rule with your Consultant before you count on spousal pay.

Can my adult children or other relatives be paid?

Yes. Mi Via is built around letting the member choose their own workers, and relatives are welcome for most services. Adult children, siblings, grandchildren, nieces, nephews, aunts, uncles, and in-laws can all be hired and paid from the member's individual budget. A parent can be paid to care for an adult son or daughter (age 18 or older). The main limits are the same guardrails that apply to everyone: relatives cannot provide the Consultant/Support Guide, Assisted Living, or Customized Community Group Supports service, one person cannot be both the paid worker and the member's Employer of Record, and every worker has to pass a background check. Parents of a minor child face the same "legally responsible individual" rules as spouses - written approval and a 40-hour-per-week cap - because the law assumes some parenting is unpaid. For most adult-to-adult family caregiving, though, Mi Via is one of the more relative-friendly programs in the country.

How much does Mi Via pay in 2026?

Most Mi Via direct support and homemaker workers earn roughly $13 to $16 per hour in 2026. The pay cannot go below New Mexico's minimum wage, which is $12.65 statewide (and higher in cities like Santa Fe and Albuquerque that set their own rates), and the member sets the exact wage within the state's published rate range as part of their Service and Support Plan. New Mexico increased waiver rates significantly for fiscal year 2025 following a Home and Community-Based Services rate study, so wages toward the top of this range are becoming more common. Workers are employees of the member, so the Fiscal Management Agency (Conduent) withholds federal and state income tax, Social Security, and Medicare, and issues a W-2 at year end. Total pay for any one worker is limited by the member's individual budget, which is based on their assessed needs, and by the 40-hour-per-week cap that applies to a paid spouse or parent.

How long does Mi Via approval take?

It varies widely, and the biggest variable is the registry. Because Mi Via is a capped waiver, many people wait on a registry (waiting list) before a slot opens - that wait can be months or, for some, longer, depending on funding and where you are in line. Once you receive an allocation, the actual intake moves faster: the Medicaid application itself typically takes up to about 90 days, and the level of care assessment, choosing a Consultant, building your Service and Support Plan, and enrolling with the Fiscal Management Agency usually add several more weeks on top of that. You can speed up the parts you control by gathering documents early - proof of New Mexico residency, identification, Social Security number, income and asset information, and medical records that document the disability or medically fragile condition. If you need paid care immediately and are still on the registry, ask about the Turquoise Care Community Benefit, which is not capped the same way.

What training or certification does the caregiver need?

For most Mi Via personal supports - homemaker and direct support work - you do not need to be a Certified Nursing Assistant, Home Health Aide, or any other licensed professional. The member (or their Employer of Record) trains the worker on the specific tasks they need help with, which is the whole point of self-direction. What every worker does need is to clear a caregiver criminal history and background screening and complete employment paperwork (I-9, W-4, direct deposit) through the Fiscal Management Agency. Some specific services carry their own qualifications - for example, home health aide services and skilled therapies must be delivered by appropriately qualified or licensed providers, and certain services can only be provided by agencies. Your Consultant will tell you which services in your plan require a credential and which can be filled by a family member with no formal certification.

What is the Consultant and the Fiscal Management Agency?

These are the two support roles that make self-direction work. The Consultant (sometimes called the Consultant/Support Guide) is your guide through the whole process - they help with eligibility, pre-planning, building and updating your Service and Support Plan, setting your individual budget, and staying compliant with program rules. Importantly, a relative or your Employer of Record cannot be paid to be your Consultant, so this is an independent helper. The Fiscal Management Agency (FMA), which in New Mexico is Conduent, handles the money side: it enrolls your workers and vendors, runs payroll, withholds and files taxes, pays approved bills from your budget, and keeps the records the state requires. The FMA does not choose or supervise your workers - that stays with the member or the Employer of Record. Between the two, you get planning help and payroll handled while keeping control of who provides your care.

What is an Employer of Record and do I need one?

The Employer of Record (EOR) is the person legally responsible for directing Mi Via workers - recruiting, hiring, scheduling, supervising, and if necessary terminating them, and approving their timesheets. If the member is an adult who can manage all of that themselves, the member is their own EOR and no one else is needed. If the member is a child or cannot direct their own care, a qualified adult serves as the EOR on the member's behalf. New Mexico rule sets limits on who can fill the role: the EOR cannot be a minor, cannot be someone with financial guardianship or conservatorship over the member, and - this is the one families run into most - cannot also be a paid worker for that same member. So if you want a particular relative to be paid to provide care, a different person needs to serve as the Employer of Record. Your Consultant can help you sort out who plays which role before you enroll.

What is the difference between Mi Via and Turquoise Care Community Benefit?

Both let New Mexico Medicaid members self-direct care and pay family members, but they serve different populations and use a different level-of-care standard. Mi Via is a 1915(c) waiver for people who meet an ICF-IID level of care - that is, individuals with an intellectual or developmental disability or who are medically fragile, including children. It runs through the Health Care Authority with a Consultant and an individual budget. The Turquoise Care Community Benefit, by contrast, is delivered through your managed care organization (Blue Cross Blue Shield, Presbyterian, Molina, or UnitedHealthcare) and serves people who meet a nursing-facility level of care - typically seniors and adults who need help with two or more activities of daily living. Its self-directed option (SDCB) also lets relatives and even a spouse be paid with plan approval, but you usually start in the agency-directed version and switch to self-direction after 120 days. If the person needing care has a developmental disability or is a medically fragile child, Mi Via is usually the right door; if they need nursing-home-level care, Community Benefit usually is.

See also: New Mexico caregiver guide

For all the ways to get paid to care for a family member in New Mexico — including Mi Via, VA programs, long-term care insurance, and more — read the full New Mexico guide.