37.34.908 0208 MEDICAID HOME AND COMMUNITY-BASED SERVICES PROGRAM: SELF-DIRECTED SERVICES, DEFINITIONS
(1) "Agency with choice model" means an agency that is the legal entity under a contract with the Developmental Disabilities Program to administratively undertake legally necessary tax and labor law compliance responsibilities in relation to the delivery of services on behalf of a person receiving services who is authorized by the program to select and direct the staff who deliver those services. The person receiving services manages the scheduling, orienting, instructing, supervising, evaluating, and work records of the staff. The contracted agency is responsible for the following activities as they pertain to the person's staff:
(a) compiles records necessary for the reporting and payment of wages and benefits for the person's staff;
(b) calculates, withholds, and pays federal and state taxes;
(c) calculates and pays wages; and
(d) undertakes all other legally necessary activities.
(2) "Financial management service (FMS)" means the fiscal agent who assists the person conducting the business of self-direction. The fiscal agent educates the person, self-directing and acting as an employer, as to their responsibilities, processes employment paperwork, administers necessary preemployment screening, and processes employee timesheets. The fiscal agent must withhold and pay all employment related taxes and arranges for worker's compensation for all employees.
(3) "Person with employer authority using a fiscal management service" means the person or legal representative who is the legal employer and who is responsible for all aspects of hiring and managing staff and service documentation requirements.