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AG 2006 09 25 Regular
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AG 2006 09 25 Regular
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Last modified
2/1/2009 12:17:14 PM
Creation date
11/27/2017 11:33:55 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
9/25/2006
Board
Board of Commissioners
Meeting Type
Regular
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<br />Consumer-Directed Services <br />Fiscal Intermediary Agreement <br /> <br />Consumer-Directed Services program that is provided by the Department of Aging. After several <br />discussions with Pam Dubois over the life of this Pilot Project, we have concluded that our <br />Finance Department is we~l equipped to provided the services that we have been searching for <br />through a third party. Th\'l current payroll and tax withholding/processing system can provide <br />these services to the CabaJjrus County Consumer-Directed Services clients without modification. <br />The only difference with this program will be that the individuals that are being paid will <br />technically be employees of our clients. The Cabarrus County Finance Department will serve as <br />an agent representative on behalf of clients that are the employers of record of household <br />employees through the Cabanus County Department of Aging Consumer-Directed Services <br />program to meet employment tax responsibilities (withholding, processing and/or reporting) and <br />provide payroll services (a$ specified in Section 3504 of the Internal Revenue Code). In order to <br />process these personal att~ndant' s payroll and tax records, we will need to establish a budget <br />location (00195760-9130).' We have discussed this situation with Don Cummings regarding the <br />requirements that our Human Resources Department may have. Mr. Cummings has researched <br />this situation and suggest~d, as did Mrs. Dubois that we contact consultants concerning the <br />impact that this program will have on the County from a liability and/or Worker's Compensation <br />prospective. Lengthy conversations with Mr. Everett Arnold with The Insurance Advisory <br />Committee and Mr. Lany,Justice regarding liability related to Worker's Compensation resulted <br />in our decision to move f~rward with our request for approval of this partnership with Cabanus <br />County Finance Department. Both of these consultants recommend that as long as we have a <br />written agreement between Cabarrus County and the Consumer-Directed Services client, and that <br />we specify that the CablUTlils County Finance Department is serving as an agent representative for <br />payroll purposes only of the client, and the Consumer-Directed Services client is the employer of <br />record, not Cabanus County, we should have no problems administering this program. Under <br />this structure, the personal attendants will not be entitled to Worker's Compensation benefits and <br />the clients are not respon$ible for providing Worker's Compensation unless they employee at <br />least three household employees. <br />, <br /> <br />The following excerpts from Part 1/1 - Administrative, Procedural, and Miscellaneous Proposed <br />Revenue Procedure Regallding Home-Care Service Procedures Notice 2003-70 describes how <br />the Internal Revenue CQde addresses the authorization for the Cabanus County Finance <br />Department to serve as theicontracted agent for our Consumer-Directed Services clients: <br /> <br />This notice contaitls a proposed revenue procedure giving updated guidance to state and <br />local government Mencies on how they can serve as agents, under section 3504, for <br />disabled individu~ls and other welfare recipients who employ home-care service <br />providers to assist them in their homes ("service recipients"). Service recipients who are <br />the common law e1nployers of these home-care service providers may designate an agent <br />under section 3504 to meet certain Federal employment tax responsibilities on behalf of <br />the employer, suc~ as withholding and reporting. The general procedures for designating <br />an agent and repoJ1ing and filing as an agent are set forth in Rev. Proc. 70-6, 1970-1 C.B. <br />420. A state or lo~al government agency can be authorized to serve as a section 3504 <br />agent for service r~cipients (a "state agent") enrolled in a program it administers. Special <br />procedures for designating a state agent and for reporting and filing as a state agent are set <br />forth in Rev. Proc. >80-4,1980-1 C.B. 581. <br /> <br />G-3 <br />
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