Delaware - Skilled Respite Service — Licensing, Medicaid Enrollment and Startup Requirements
Last reviewed: 2026-09-09
In Delaware, Skilled Respite Services are funded primarily through the Division of Developmental Disabilities Services (DDDS) Lifespan Waiver and the Diamond State Health Plan Plus (DSHP+) managed care program. The service provides temporary relief to primary unpaid caregivers by supplying licensed nursing professionals (RNs or LPNs) to care for individuals whose medical or behavioral needs exceed what an unskilled caregiver can safely manage.
To become an approved provider, an agency must first obtain a Home Health Agency license from the Office of Health Facilities Licensing and Certification (OHFLC), as skilled nursing tasks cannot be performed by unlicensed personal assistance agencies. Following licensure, providers seeking to serve the DDDS population must pass the DDDS Provider Authorization Committee review and respond to an open Request for Proposals (RFP) through the Division of Management Services (DMS) before enrolling in Delaware Medicaid via the Gainwell portal.
1. Service Definition and Scope
Skilled Respite is defined in Delaware as temporary, short-term relief provided to a primary unpaid caregiver, parent, court-appointed guardian, or foster parent of an individual with complex care needs. It is delivered in the individual's place of residence or the home of a friend or family member.
Unlike unskilled respite, which involves supervision and assistance with Activities of Daily Living (ADLs), skilled respite requires a qualified licensed or certified provider, such as a Registered Nurse (RN) or Licensed Practical Nurse (LPN). It is authorized for individuals with ongoing skilled medical needs (e.g., suctioning, G-tube feeding) or severe behavioral health needs requiring clinical supervision.
- Service Name: In-home skilled respite
- Target Population: Individuals enrolled in the DDDS Lifespan Waiver or Diamond State Health Plan Plus (DSHP+) who require nursing-level care
- Setting: The individual's home or the home of a friend/family member
- Exclusions: Not intended to replace routine care, before- or after-school care, or duplicate other Medicaid services
- Delivery Method: Can be agency-directed or self-directed (coordinated with a Financial Management Services provider)
2. Regulatory and Oversight Agencies
Multiple divisions within the Delaware Department of Health and Social Services (DHSS) oversee the provision of skilled respite. The Office of Health Facilities Licensing and Certification (OHFLC) handles the facility/agency licensure required to deploy nurses.
The Division of Developmental Disabilities Services (DDDS) manages the Lifespan Waiver and authorizes providers for that population, while the Division of Medicaid and Medical Assistance (DMMA) oversees the DSHP+ managed care program and final Medicaid enrollment.
- Licensing Agency: Office of Health Facilities Licensing and Certification (OHFLC) (https://dhss.delaware.gov/dhss/dhcq/ohflc.html)
- Waiver Operating Agency: Division of Developmental Disabilities Services (DDDS) (https://dhss.delaware.gov/ddds/)
- Medicaid Authority: Division of Medicaid and Medical Assistance (DMMA) (https://www.dhss.delaware.gov/dhss/dmma/)
- Procurement Entity: Division of Management Services (DMS) (https://dhss.delaware.gov/dhss/dms/)
- Medicaid Enrollment Portal: Gainwell Technologies (https://medicaid.dhss.delaware.gov/)
3. Gatekeeping Prerequisites: Who Can Even Apply
Delaware imposes strict structural prerequisites for agencies wishing to bill Medicaid for skilled respite. Because the service requires licensed nurses performing skilled tasks, an applicant cannot operate merely as a Personal Assistance Services Agency; they must hold a Delaware Home Health Agency License.
For providers targeting the DDDS Lifespan Waiver, enrollment is not a simple open application. Providers must first submit an application to the DDDS Provider Authorization Committee. Once authorized, they must respond to the continuous Request for Proposals (RFP) titled "Home and Community Based Services for Individuals with Intellectual and Developmental Disabilities" through the DMS Bonfire hub. Only after passing the RFP process can they enroll in Medicaid.
- Licensure Prerequisite: Must hold a State Home Health Agency License from OHFLC per Delaware Code Title 16-4406
- DDDS Authorization: Must pass the DDDS Provider Authorization Committee review
- Procurement Gate: Must respond to and be awarded a contract under the DMS RFP for HCBS for Individuals with IDD
- Managed Care Contracting: For DSHP+, providers must contract directly with the state's Managed Care Organizations (MCOs)
- Business License: Must hold a valid Delaware State Business License or 501(c)(3) status
4. Licensure and Certification Requirements
To provide skilled respite, an agency must be licensed as a Home Health Agency in Delaware. The licensure process begins by submitting a written statement of intent to OHFLC describing the services to be offered and requesting an application.
The agency must demonstrate compliance with all state regulations regarding nursing supervision, clinical record keeping, and patient rights. A Personal Assistance Services Agency license is insufficient for skilled respite, as it only covers unskilled ADL support.
- License Type: Home Health Agency License
- Initial Step: Submit a written statement of intent to OHFLC
- Service Area: The agency shall only provide services in its approved service area
- Public Representation: No entity may hold itself out as an agency until the license is officially issued
- Exemptions: Individuals contracting directly with a consumer (self-direction) do not need an agency license
5. Medicaid Provider Enrollment
Once licensed and (if applicable) authorized by DDDS and DMS, the provider must enroll in Delaware Medicaid. The state uses a web-based MMIS system operated by Gainwell Technologies.
Providers must have their National Provider Identifier (NPI), Home Health Agency license, and the Qualified Provider Authorization Letter issued by DDDS ready before beginning the Gainwell enrollment process.
- Enrollment Portal: Gainwell Technologies Provider Portal
- Required Document: Qualified Provider Authorization Letter from DDDS
- Required Document: State Home Health Agency License
- Required Document: Proof of NPI and business information
- Contracting: For DSHP+, enrollment with Gainwell must be followed by credentialing with the MCOs
6. Staffing, Training and Background Checks
Because this is a skilled service, the direct care workers must be licensed professionals (RNs or LPNs) operating under the scope of their Delaware nursing licenses. Paraprofessionals may only be used for behavioral health needs if they are specifically trained and supervised by a licensed clinician.
All staff must undergo criminal background investigations in accordance with state requirements and complete Department-required training, including training on the participant's specific service plan and unique medical or behavioral needs.
- Staff Qualifications: Must be a qualified licensed or certified provider (e.g., RN or LPN)
- Age Requirement: All employees must be at least 18 years of age
- Background Checks: Mandatory criminal background investigations per state requirements
- Training: Must complete DDDS/Department-required training on the participant's service plan
- Supervision: LPNs and paraprofessionals must be supervised by an RN or licensed clinician
7. Documentation, Policies and Records
Providers must maintain meticulous clinical and administrative records to justify Medicaid billing and demonstrate compliance during OHFLC surveys. This includes maintaining an Essential Elements to a Medicaid Compliance Plan.
For DDDS services, providers must utilize the state's Electronic Client Data Management System and Electronic Health Record systems as mandated during the provider orientation.
- Compliance Plan: Must maintain an "Essential Elements to a Medicaid Compliance Plan"
- Service Plans: Documentation must align with the person-centered plan authorized by the MCO or DDDS
- Systems: Must use the DDDS Electronic Client Data Management System
- Invoicing: Respite requests must include begin/end dates, hours/nights, caregiver name, and Supplier I.D. Number
- Retention: Records must be kept in accordance with Medicaid and Home Health Agency licensure standards
8. Billing, Rates and Claims
Skilled respite is billed to Delaware Medicaid (via Gainwell for fee-for-service or the respective MCO for DSHP+). Respite is authorized through the member's care plan, and hours are not granted automatically; they must be written into the plan by the care coordinator.
For state-funded (non-Medicaid) DDDS respite, parents may pay expenses up front and request reimbursement, or the agency may bill directly if approved. Providers must ensure they do not duplicate billing across different programs.
- Authorization: Must be explicitly written into the member's person-centered care plan
- Billing System: Gainwell MMIS for FFS; MCO portals for DSHP+
- Funding Sources: DDDS Lifespan Waiver, DSHP+, or state-funded DDDS respite
- Duplication: Children can only receive respite through one program at a time
- State-Funded Process: Requires a prefilled service invoice from the DDDS respite coordinator
9. Approval Sequence and Timeline
The approval process is multi-phased and lengthy. Phase 1 involves information gathering and reviewing mandatory DDDS orientation sessions. Phase 2 requires submitting a complete application to the DDDS Provider Authorization Committee, which includes a budget review and an interview.
Phase 3 involves responding to the DMS RFP (reviewed quarterly) and enrolling in Medicaid via Gainwell. Phase 4 consists of final contracting and approval. The entire process can take several months due to the quarterly RFP review cycle.
- Phase 1: Information Gathering and mandatory online orientation sessions
- Phase 2: Submit application to DDDS Provider Authorization Committee (must be a .ZIP file with separate PDFs)
- Phase 3: Respond to the DMS RFP via Bonfire hub (reviewed once per quarter)
- Phase 4: Medicaid Enrollment via Gainwell and final contracting
- Provisional Status: DDDS may issue Provisional Authorization to existing providers adding services
10. Common Denials and Survey Findings
Applications to DDDS are frequently denied at the initial review stage if they are incomplete or not formatted exactly as required (e.g., failing to use the Word format Requirements Summary Checklist or separate PDFs for each question).
During OHFLC surveys, Home Health Agencies often face citations for failing to maintain proper nursing supervision documentation, inadequate staff training records, or failing to follow the specific medical interventions outlined in the participant's care plan.
- Application Format: DDDS will not accept incomplete applications; missing components result in immediate denial
- Financial Stability: Applications can be denied during the Budget Review by the DDDS Chief of Administration
- Compliance Threshold: Existing providers adding services must meet 86% or higher on the Provider Compliance Checklist
- Survey Citations: Incomplete background checks or missing training documentation
- Scope of Practice: Utilizing unlicensed staff for tasks requiring an RN or LPN
11. Key Contacts and Resources
Providers should rely on the official Delaware DHSS websites for the most current manuals, RFP postings, and licensure regulations. The DDDS Provider Authorization Committee is the primary point of contact for waiver enrollment questions.
For DSHP+ managed care contracting, providers must contact the individual MCOs operating in Delaware.
- DDDS Provider Authorization Committee: [email protected]
- DDDS Respite Requests: [email protected]
- DMS Procurement (Bonfire Hub): https://dhss.bonfirehub.com/portal/?tab=openOpportunities
- OHFLC Licensure: https://dhss.delaware.gov/dhss/dhcq/ohflc.html
- Delaware ADRC (for participant screening): 1-800-223-9074
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