Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.14 - Home and Community-Based Services › Rule 37.40.1423 - HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: FINANCIAL MANAGEMENT, REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Financial management (FM) service is defined in ARM
				37.40.1402.
(2) The financial manager acts as the common
				law employer (employer of record) and the consumer acts as the managing
				employer. Since the financial manager is the employer, this entity is
				responsible for all employee-related expenses and liability risks that may be
				incurred if a worker's compensation or unemployment claim is filed.
(3) On behalf of the consumer/personal
				representative the financial manager will:
(a) accept referral from the
				consumer/personal representative to process the employment packet;
(b) prepare and distribute an application
				package of information that is clear and easy for the potential employee to
				understand and follow;
(c) provide
				needed counseling and technical assistance regarding the role of the FM to
				consumer, their personal representatives, and others;
(d) process employment application package
				and documentation for prospective individual to be employed (as agency
				employee);
(e) complete criminal
				background checks on prospective consumer-referred worker and maintain results
				on file, if requested by the consumer;
(f) establish and maintain record for each
				individual employed and process all employment records;
(g) withhold, file, and deposit Federal
				Insurance Contributions Act (FICA), Federal Unemployment Tax Act (FUTA), and
				State Unemployment Tax Act (SUTA) taxes in accordance with Federal Internal
				Revenue Service (IRS), Federal Department of Labor (DOL), and state rules (if
				applicable);
(h) process all
				judgments, garnishments, tax levies or any related holds on a consumer's worker
				as may be required by local, state, or federal laws;
(i) generate and distribute IRS W-2s and
				1099s, wage and tax statements and related documentation annually to all
				member-employed providers who meet the statutory threshold earnings, amounts
				during the tax year by January 31st;
(j) withhold, file, and deposit federal and
				state income taxes (if applicable) in accordance with federal IRS and state
				Department of Revenue Services rules and regulation;
(k) administer benefits for member-employed
				providers (if applicable);
(l)
				generate payroll checks in a timely and accurate manner, as approved in the
				consumer's self-direct spending plan, and in compliance with all federal and
				state regulations;
(m) develop a
				method of payment of invoices and monitoring expenditures against the
				self-direct spending plan for each consumer;
(n) receive, review, and process all invoices
				from individuals, vendors, or agencies providing consumer-directed goods or
				services as approved in the consumer's self-direct spending plan authorized by
				the division;
(o) process and pay
				non-labor-related invoices;
(p)
				generate utilization reports along with payroll reflecting accurate balances
				for a consumer/personal representative, independence advisor, the regional
				program officer (RPO), and the division;
(q) establish and maintain all consumer
				records with confidentiality, accuracy, and appropriate safeguards;
(r) respond to calls for consumer or their
				personal representatives and employees regarding issues such as withholdings
				and net payments, lost or late checks, reports, and other
				documentation;
(s) file claims
				through the Medicaid Management Information System (MMIS) for consumer-directed
				goods and services and prepare checks for individually hired workers;
				and
(t) generate service management
				and statistical information and reports.