MEMORANDUM OF UNDERSTANDING
New York State's Consumer Directed Personal Assistance Program ("CDPAP") is intended to permit chronically ill or physically disabled individuals receiving home care services under Medicaid greater flexibility and freedom of choice in obtaining such services. Renaissance Home Health Care is a Fiscal Intermediary and [CONSUMER] is a Consumer.
A Consumer and/or a Consumer's Designated Representative is the employer of a Consumer's Personal Assistant(s A Fiscal Intermediary is not the employer, in a sole or joint capacity, of a Consumer's Personal Assistant(s) and only provides limited services to a Consumer as a payroll agent, billing a Consumer's Managed Care Organization, Managed Long Term Care Plan, or Local District of Social Services, as applicable and processing payments to Personal Assistant(s).
Renaissance Home Health Care ("Renaissance") and [CONSUMER] (" You" Hereby agree as follows:
B. CONSUMER RESPONSABILITIES
You have made an informed decision to receive care services under CDPAP. You are the sole employer of your Personal Assistant(s You will fulfill the following responsibilities:
1) Recruit, hire, employ, supervise and schedule enough qualified individual S as Personal Assistants to provide the services set forth in your plan of care.
2) Not discriminate in your hiring, provide equal employment opportunities, and comply with laborlaw.
3) Review your plan of care with each Personal Assistant to ensure your Personal Assistant(s) only perform the tasks authorized by your plan of care during hours authorized by your plan of care.
4) Provide as much training as necessary for your Personal Assistant(s) SO they are able to competently and safely provide services.
5) Develop and maintain a contingency plan for substitute coverage when your Personal Assistant(s) are temporarily unavailable.
6) Notify Renaissance and your Managed Care Organization, Managed Long Term Care Plan, or Local District of Social Services, as applicable, within five (5) business days of any change in your status or condition, including but not limited to hospitalization or address change, or any change in the employment status of your Personal Assistant(s)
7) Review your Personal Assistant(s)'s time sheets and attest that they are accurate and reflect only authorized services that were provided.
8) Comply with Renaissance's Policies and Procedures for Consumers.If the consumer to this memorandum of understanding has appointed a Designated Representative to fulfill his/her responsibilities under this memorandum and applicable law, "You" as used in this memorandum will refer to both the Consumer and the Designated Representative.
9) Distribute pay checks to your Personal Assistant(s), or help set up a direct deposit arrangement between Renaissance and your Personal Assistant(s)
10) Enter into this memorandum of understanding with Renaissance as the Fiscal Intermediary.
C. FISCAL INTERMEDIARY RESPONSIBILITIES
Renaissance is not the employer or joint employer of your Personal Assistant(s) Renaissance will fulfill the following responsibilities:
1. Bill your Managed Care Organization or Managed Long Term Care Plan and process your Personal Assistant(s) process payments for authorized hours worked by your Personal Assistant(s).
2. Process your Personal Assistant(s)'s wage and benefits, including all required taxes, withholdings, and insurance requirements.
3. Make sure your Personal Assistant(s) have completed pre-employment and annual health assessments.
4. Maintain personnel records, including a separate health assessments file, for your Personal Assistant(s), as well as relevant records and authorizations for you as a Consumer.
5. Monitor your ongoing ability to fulfill your responsibilities under CDPAP.
6. Report any problems or suspected problems to your Managed Care Organization and/or Managed Long Term Care Plan.
7. Enter into this memorandum of understanding with you as the Consumer. Renaissance will not fulfill any Consumer Responsibilities.
Consumer (or Designated Representative, if applicable.)