418-040-0080 Fiscal Responsibilities (1) Oregon Home Care Commission Fiscal Responsibilities. (a) The Commission shall establish the Homecare Choice provider wage rate. (b) The Commission may contract with a fiscal intermediary for the following responsibilities: (A) Making payments to Homecare Choice providers on behalf of participants for services rendered. Payment is considered payment in full. (B) Acting on behalf of participants, by applying applicable Federal Insurance Contributions Act (FICA) regulations, to: (i) Withhold Homecare Choice provider contributions from payments; and (ii) Submit participant contributions, and the amounts withheld from provider payments, to the Social Security Administration. (C) Applying standard income tax withholding practices in accordance with 26 CFR 31 and withholding state and federal income taxes on all payments to Homecare Choice providers. (c) The Commission will issue a refund of a participant's unused service payment after all expenses of the participant have been paid. The portion of the service payment intended to reimburse the Commission for its costs shall not be refunded. (A) Refunds may only be issued to the individual who authorized the original payment. (B) Refunds shall not be issued in cash. (d) The Commission is not a trustee and has no fiduciary obligation to the participant or payer with respect to advance service payments. (e) Advance payments may be comingled with other advance payments from participants in the Homecare Choice Program, but will be accounted for separately in the records of the Commission. The participant, or payer, is not entitled to any interest earnings on the funds and no interest will be credited to the participant or payer, or paid in the event of a refund. (f) The state will honor a garnishment or attachment of the participant's or payer's advance payment in the event it is served with a writ. (g) If funds are not available to pay a provider because the Commission is required to hold or transfer funds under a legal proceeding involving the participant, or payer, participant's participation in the Homecare Choice program will be terminated as provided for in OAR 418-040-0020. (2) Homecare Choice Participant Fiscal Responsibilities. (a) Participants shall pay the Commission in advance for homecare services. Services may not commence until payment is received and verified by the Commission. (b) Upon enrollment in the program, participants must submit an initial prepayment to cover two service periods. The amount of the prepayment is calculated by multiplying the program service rate by the number of anticipated service hours for each service period. Thereafter, participants must submit a prepayment equal to the current service period, while enrolled in the program, and maintain an account balance equal to a two-week service period. (A) If the account balance does not equal an amount necessary to pay the hours to be worked in the current service period, the participant must submit additional funds to restore the balance to the required level. (B) If the participant increases the number of purchased hours per service period after the initial prepayment is established, the on-going prepayment must also be increased to equal the current service period. (C) The funds are held for the convenience of the participant or payer. (D) Advance payments may be considered part of the participant's or payer's estate in the event of a bankruptcy and subject to the automatic stay, or in the event of participant's death, will be refunded to the participant's estate, less any administrative fee due to the Commission. (c) The participant is subject to the U.S. Department of Labor Fair Labor Standards Act and may elect to have a provider work more than 40 hours per week. The purchase of service hours that exceed 40 hours per week for an individual provider is considered overtime and shall be calculated in the pre-payment. (A) The overtime rate equals one and one-half of the provider's hourly wage rate plus the increased cost of any payroll taxes as a result of overtime. (B) In the event of unanticipated overtime, the additional cost will be deducted from the participant's account balance and the account balance must be replenished in the next service payment. (d) Acceptable payment methods for services include, credit or debit card transactions, personal checks, certified checks, cashier's checks, and money orders. (A) As allowed by law, the Commission may charge a Non-Sufficient Fund fee if the participant's personal check is not processed by his or her issuing bank due to insufficient funds. (B) Participants must provide an alternate form of payment method if the credit card used to purchase services is invalid or if a personal check is returned due to insufficient funds. (C) If a participant challenges program charges on the participant's credit card and the charges are found to be valid after a chargeback investigation, the participant must pay by personal check, cashier's check, or money order for the disputed charges. (e) Participants must submit payment to the Commission for mileage reimbursement for providers that use his or her personal vehicle for authorized service related transportation. (A) Providers are reimbursed at the mileage reimbursement rate determined by the participant. (B) The Commission, participant, and DHS are not responsible for vehicle damage when a provider uses his or her personal motor vehicle. (C) The Commission, participant, and DHS are not responsible for personal injury sustained when a provider uses his or her personal vehicle, except as may be covered under workers' compensation. (3) Homecare Choice Provider Fiscal Responsibilities. Homecare Choice providers: (a) Must comply with state and federal wage and tax laws by completing, submitting, and retaining necessary documents provided by a fiscal intermediary contracted by the Commission. (b) Must not accept any additional compensation for hours of work that were compensated by the Homecare Choice Program. (c) Must only claim payment for authorized services provided that have been validated by participants with whom they are employed. (d) Shall not claim payment for services delivered by another individual. (e) Are responsible for the completion and accuracy of timekeeping records and all submitted claims. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 410.595-625 History: HCC 1-2016, f. 6-13-16, cert. ef. 6-20-16 HCC 1-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16