StacksVerified U.S. regulatory reference

42 CFR §441.480

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
  1. (a)States may permit participants to appoint a representative to direct the provision of self-directed PAS on their behalf. The following types of representatives are permissible:
    1. (1)A minor child's parent or guardian.
    2. (2)An individual recognized under State law to act on behalf of an incapacitated adult.
    3. (3)A State-mandated representative, after approval by CMS of the State criteria, if the participant has demonstrated, after additional counseling, information, training or assistance, the inability to self-direct PAS.
  2. (b)A person acting as a representative for a participant receiving self-directed PAS is prohibited from acting as a provider of self-directed PAS to the participant.