APD > Consumer Directed Care Plus (CDC+)
CDC+ is a long-term care program alternative to the Medicaid Home and Community-Based Services (HCBS) Medicaid Waiver. The program provides the opportunity for individuals to improve the quality of their lives by being empowered to make choices about the supports and services that will meet their long-term care needs and to help them reach their goals.
Currently in the CDC+ program, directly hired employees (DHE) who provide Companion Services are exempt from both minimum wage and overtime requirements. The US Department of Labor (DOL) recently issued a new Home Care rule eliminating these exemptions, in most cases, as of January 1, 2015. The only allowable exemption from overtime will be for DHEs classified as “Live-In” workers. As a result, your employees “live-in” classification must be confirmed and updated where applicable. CDC+ is working with your Consultant to collect this information for the January 1, 2015 deadline.
To prepare for these changes, please review your current Purchasing Plan and submit any necessary updates for January 1, 2015, to your consultant by December 5, 2014:
- Check hourly rates for your DHE providers. As of January 1, 2015, the hourly minimum wage will be $8.05 for all services.
- Determine how many hours per week each DHE provider is working. Include all paid service hours they provide (as primary and/or emergency backup). If the total hours exceed 40 per week, you run the risk of paying overtime if that provider is not a “live-in.”
- Some things you may want to consider to meet minimum wage and/or not have overtime:
- Renegotiate providers’ hourly rates to make the most of your monthly budget
- Modify schedules to more evenly distribute weekly hours between providers
- Hire additional provider(s) so no one works in excess of 40 hours per week
Remember, in accordance with sub-section 440.02(17)(b)2, Florida Statutes, employers employ four or more directly hired employees who provide services during a calendar month must purchase Workers Compensation Insurance.
DO NOT reclassify your providers as Independent Contractors to avoid minimum wage and overtime requirements. Intentional misclassification of workers can carry fines and penalties by the IRS.
The Agency for Health Care Administration and APD are reviewing these DOL changes to determine the impact to consumers.
The DOL issued a series of Fact Sheets to provide guidance on the related issues at: http://www.dol.gov/whd/regs/compliance/whdfsFinalRule.htm.
The most pertinent fact sheets to CDC+ Consumers and their DHEs are:
- Fact Sheet #79A: Companionship Services Under the Fair Labor Standards Act (FLSA)
- Fact Sheet 79B: Live-In Domestic Service Employment Under the Fair Labor Standards Act (FLSA)
- Fact Sheet 79C: Recordkeeping Requirements for Individuals, Families, or Households Who Employ Domestic Service Workers Under the Fair Labor Standards Act (FLSA)
If you have questions please contact your consultant or call the toll free CDC+ Customer Service line at 1-866-761-7043. Remember the deadline to review your current Purchasing Plan and submit any necessary updates is December 5, 2014, to ensure that changes can be made to your services effective January 1, 2015.
Quality Assurance Reviews: The Delmarva Foundation is contracted by the Agency for Health Care Administration (AHCA) to provide quality assurance for the State's Developmental Disabilities Service system, which includes the Consumer Directed Care Plus program. The review process consists of two major components: Person Centered Reviews (PCR) and Provider Discovery Reviews (PDR). The PCR includes an interview with the CDC+ participant to determine the quality of the participant's service delivery system from the participant's view. The PDR focus is on the consultant and the representative in relation to compliance with standards set forth in the 1915(j) State Plan Amendment. When selected for review, the PCR component is voluntary but the PDR is mandatory. Please refer to the attached two documents for additional important information related to compliance with quality assurance reviews and background screening alerts.
Background Screening Information for CDC+ only
- Area ORI#s and OCA#s for the Consumer Directed Care Program
- Background Screening and CDC+ - Frequently asked Questions
Last updated 12/11/2014
- CDC+ Background Screening Process Information
This is where you are to enter your CDC+ timesheets, invoices, and reimbursement requests
IVR - Interactive Voice Response Phone System
A viewable and downloadable version of the Participant Notebook and Appendix. The Appendix includes all forms that are used by participants in the CDC+ Program.
All forms required for Waiver Support Coordinators to become enrolled with Medicaid to provide consultant services and to be entered into the CDC+ Consultant Registry, which is required before a CDC+ participant can select a consultant.
Fiscal/Employer Agent Enrollment Forms
These are all the forms required for the consumer (participant) and his or her employees and vendors to become enrolled with the Fiscal/Employer Agent. These documents provide authorization required by the Federal government and the state of Florida to pay your employees and vendors, withhold and pay employer and employee taxes and other required payroll withholdings, and communicate with the IRS and the Florida Department of Revenue on your behalf as it relates to your CDC+ household business.
- Fiscal/Employer Agent Enrollment Forms
Household Employer Forms
Forms required by the Federal government to be used by all employers to provide to their employees and/or to have prominently displayed in the workplace.