Current through Register Vol. 24, December 20, 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.
(4) This is a mandatory service for
consumer-direction.
(5) The fiscal
manager provider must be certified by the department to provide the
service.
53-2-201,
53-6-101,
53-6-111,
53-6-113,
53-6-402,
MCA; IMP,
53-2-201,
53-6-101,
53-6-111,
53-6-402,
MCA;
