Current through September 21, 2024
(a) The
participant, legal guardian, or another appropriate individual designated by
the participant may serve as the Employer of Record (EOR) and assume
responsibility for managing the activities associated with the direction of CCW
services.
(b) The EOR must sign an
agreement of understanding that they are willing and able to assume the EOR
responsibilities and comply with established EOR standards.
(c) The EOR cannot delegate or assign the
responsibilities of the EOR to another person or entity and cannot be
reimbursed to provide CCW services to the participant.
(d) The EOR shall carry out the duties and
responsibilities associated with participant direction of CCW services, such
as:
(i) Recruiting employees;
(ii) Verifying that employees meet the
minimum qualifications established by the Department;
(iii) Specifying, verifying, and maintaining
documentation of any additional employee qualifications;
(iv) Hiring employees as the common law
employer;
(v) Determining employee
duties consistent with the service scope and limitations;
(vi) Determining employee wages within the
limits established by the Department;
(vii) Scheduling employees;
(viii) Orienting and instructing employees in
their duties;
(ix) Supervising
employees;
(x) Evaluating employee
performance;
(xi) Verifying the
time worked by employees and approving time sheets; and
(xii) Terminating
employees.
(e) An EOR's
failure to carry out duties and responsibilities in accordance with this
Section may result in the EOR being disqualified to act as an EOR by the
Department.
(i) The Department shall maintain
a list of disqualified EOR's and employees and prohibit their future employment
under the participant-directed service delivery option.
(ii) The Department shall establish policies
and procedures for disqualification, placement on the list, and the EOR's
opportunities to dispute disqualification and removal from such a
list.
(f) The
participant's case manager shall provide information and assistance in support
of participant direction, such as:
(i)
Assisting the EOR in obtaining and submitting employer enrollment
documentation;
(ii) Determining the
participant-directed budget based on the participant's assessed needs and the
approved methodology;
(iii)
Assisting the participant or EOR in obtaining and completing required
documents;
(iv) Coordinating with
the Fiscal Management Services agency;
(v) Monitoring participant-directed service
effectiveness, quality, and expenditures as determined by the
Department;
(vi) Reviewing and
updating the participant-directed budget as required by the Department;
and
(vii) Facilitating the
transition of a participant to a different service delivery option when the
participant voluntarily terminates, or is involuntarily terminated from,
participant direction.
(g) Participant-Directed Employees.
(i) The Department shall establish the
minimum employee qualifications for all participant-directed eligible
services.
(ii) The EOR may require
their employees to meet additional training, education, or experience
requirements in addition to the Department's minimum qualifications.
(iii) The EOR may hire a participant's
relative or spouse as an employee provided it is authorized in the CMS approved
waiver agreement and they meet the requirements and standards established by
the Department.
(h) The
participant may choose to withdraw from the participant-directed service
delivery option at any time.
(i) Participants
who elect to voluntarily withdraw from the participant-directed service
delivery must contact their case manager to facilitate the transition to an
alternative service delivery option.
(ii) Participants who voluntarily withdraw
from the participant-directed service delivery option may return to the
participant-directed service delivery option at any time.
(i) Participants shall be involuntarily
terminated from the participant-directed service option if they no longer meet
the Departments standards and requirements.
(i) Participants involuntarily terminated
from the participant-directed service option will be provided a Notice of
Adverse Action and informed of the opportunity to request a fair hearing in
accordance with Wyoming Medicaid Rules Chapter 4.
(ii) Participants who are involuntarily
terminated from participant direction may be prohibited from electing the
participant-directed service delivery option in the
future.
