Virginia Regulatory Town Hall
Agency
Department of Medical Assistance Services
 
Board
Board of Medical Assistance Services
 
chapter
Standards Established and Methods Used to Assure High Quality Care [12 VAC 30 ‑ 60]
Action Electronic Visit Verification
Stage Proposed
Comment Period Ended on 3/21/2020
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2/15/20  8:41 am
Commenter: DEMAND of EVV from Quasi Independenct Contractors with no benefits is wrong

Terry Harris, EOR
 

I am a glorified EOR (employer of record).  I donate my time and my ss#, so that an attendant can work for peanuts at caring for the most vulnerable and the state is off-the-hook as employer of record.  NO one, including the state wants to be these caregivers' EOR, because they would cost too much if they were paid overtime, taxes, benefits, etc.  I feel badly when I tell them there are not benefits, and they must pay all their taxes on their own.  They even drive my child to outings and that expense comes out of their $9 per hour. To top it off, they are now required to use their personal devices for EVV.  For the amount of expense these attendants bring to the table, they are, for all intents and purposes,  independent contractors. As long as they produce a product, and take care of their taxes, benefits, overtime, etc... they are independent contractors.  I am, technically, not their EOR because I have no say in this EVV issue (and very little else for that matter).  The state is demanding accounting of hours down to the last minute with an impossible system, and then providing these persons with no benefits.  The state does not give themselves the title of EOR, because it would be too costly.  Seems in this circumstance, the state is "having it's cake and eating it too".  These attendants have spoken out against EVV on many occasions (including with state officials).  They cannot continue to give without some giving by the state.  Treat these persons as independent contractors and remove EVV or the state will find themselves HAVING to treat them as employees with all the benefits that entails.  The state cannot continue to "have it's cake and eat it too".

CommentID: 79088