F/EA obtains approval from federal authorities prior to serving as an agent of employer for consumers in the Participant Direction Program. F/EA begins issuing payments to consumers’ employees or withhold taxes from payments prior to active authority from federal tax agencies to serve as an Employer Agent pursuant to the Fiscal Employer Agent Agreement. The F/EA is not aware of any situation whereby the IRS has denied approval. Policies and Procedures relating to filing for and obtaining approval on behalf of each participant are documented in Submit Form 2678, Employer Appointment of Agent, to the IRS.
F/EA obtained a separate Employer Identification Number (EIN) specifically for the purpose of filing and depositing Federal Income Tax, Social Security, Medicare and FUTA taxes on behalf of consumers, under Section 3504, Rev. Proc. 70-6, Proposed Regulations REG-137036-08 of January 13, 2010 or under Revenue Procedure 2013-39. That EIN is used for all Federal tax filing, payment and remitting purposes for all consumers active in the F/EA program.
The August 2014 IRS Form 2678 instructions state that an agent (F/EA) is not liable for filing any federal tax returns or making any deposits or payments until it receives approval from the IRS to act as an agent for an individual. Therefore, during the period from when the agent files the IRS Form 2678 for an individual until the agent receives IRS agent approval for that individual, F/EA includes in F/EA's contract with Program Administrator that F/EA is responsible for filing and depositing federal employment taxes and any unfulfilled federal tax obligations, including penalties and interest even before the IRS approves the IRS Form 2678.
F/EA includes the above language in all contracts executed with Program clients.
1. Maintain a separate EIN specifically for the purpose of filing and depositing Federal Income Tax, Social Security, Medicare and FUTA taxes on behalf of participant, under Section 3504, Rev. Proc. 70-6, Proposed Regulations REG-137036-08 of January 13, 2010 of the Internal Revenue Code and under Revenue Procedure 2013-39.
2. Include IRS Form 2678 in each participant’s enrollment packet (See Policy and Procedure Chapter <<X>>)
3. Each participant must sign a Form 2678 authorizing F/EA to be appointed the participant’s agent under Section 3504, Rev. Proc. 70-6, Proposed Regulations REG-137036-08 of January 13, 2010 of the Internal Revenue Code (See Policy and Procedure <<X>>)
4. F/EA submits an executed Form 2678 to the IRS for each participant on whose behalf F/EA pays wages to the participant’s workers (see Policy and Procedure document <<X>>.
5. F/EA receives notice LTR-1997-C authorizing F/EA to act as agent of each participant
6. F/EA maintains these notices in each participant’s electronic file (See Policy and Procedure <<X>>)
7. F/EA obtains Tax Information Authorization per IRS Form 8821.
8. Each participant should sign a Form 8821 authorizing F/EA to act on behalf of the participant for purposes of obtaining prior EINs.
9. F/EA retains an executed Form 8821 in electronic files for each participant on whose behalf F/EA pays wages to the participant’s workers(s) (see Policy and Procedure document <<X>>). The Form 8821 is only filed in the event it is needed to obtain participant information from the IRS.
10. Include Form SS-4 in each participant's enrollment packet.
11. Each participant must sign a Form SS-4 allowing the F/EA to attain an EIN for the participant.
12. The EIN is obtained by calling the IRS and referring to the participant as a "Home Health Care Service Recipient".
The internal controls used by F/EA to monitor this process are:
1. The SS-4 containing F/EA’s separate Agent EIN is stored in a locked file drawer in the FEA Coordinator office until all required information is complete, all documents are scanned into electronic files which have limited access by aurhorized personnel only.
2. All completed Forms 2678 are scanned and maintained per File Retention Policy for a minimum of 7 years
3. All completed Forms 8821 are scanned and maintained for a minimum of 7 years
4. All IRS Forms LTR-1997-C authorizing F/EA as agent of the employer are scanned and maintained for a minimum per File Retention Policy of 7 years.
5. All completed Forms SS-4 are scanned and maintained per File Retention Policy for a minimum of 7 years.
The Health Insurance Portability and Accountability Act (HIPAA) is enforced at F/EA per F/EA’s HIPAA policy. All F/EA operations are performed in accordance with the HIPAA policy. F/EA staff must complete HIPAA training within 2 weeks of hiring a staff member.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA maintains a System Security Plan Template outlining the security measures enacted to protect and secure F/EA computer systems and data. The System Security Plan is updated with each change to F/EA systems or systems security. Following a change to the Plan, the Plan is reviewed and signed and dated by F/EA executive staff and F/EA officers. All changes to the Plan are tracked under the “Revisions History” section of the plan.
The purpose of this written information security policy is to define the safeguards that F/EA has in place for protecting confidential information (“CI”) including:
CI shall not include information that is lawfully obtained from publicly available information or from federal, state or local government records lawfully made available to the general public; nor shall it include any information that is excluded from protection by an agreement that F/EA has in place with another entity.
Staff Requirements
F/EA requires all staff members to adhere to the following rules regarding information security:
Physical Security
Paper records (e.g., participant files) are kept in locked file cabinets and are accessible only to authorized F/EA personnel. CI stored in this manner is accessed only to fulfill F/EA-related tasks and/or duties.
Security Checklist and Staff Requirements
Violations of this policy shall be handled on a case-by-case basis. Discipline shall also be handled on a case-by-case basis, with potential discipline ranging from retraining to suspension and termination depending on the context of the violation.
Security Incidents
In the event F/EA discovers that unencrypted CI has been accessed by an unauthorized third party, F/EA shall notify all personnel that are impacted by the breach.
Ongoing Responsibility
<<F/EA Director>> shall have ultimate responsibility for the ongoing maintenance of and compliance with this Information Security Policy.
The F/EA <<Quality Assurance Administrator>> is responsible for maintaining the accuracy of the Policy and Procedure Manual. Specific duties of the Quality Assurance Administrator as related to the Policy and Procedure Manual include, but are not limited to:
Review Policy and Procedure Manual Quarterly
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Process Discrepancies Identified
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Output Reviewed by Primary Staff
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The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
The organizational structure of F/EA supports the F/EA to provide excellent service to consumers, workers, vendors, families, administrators and other stakeholders.
Major organizational roles and individuals in those roles are outlined below. Attached to this chapter is an Organizational Chart.
F/EA Director
<<insert description of role.>>
Important Role 2
<<insert description of role.>>
Important Role 3
<<Leave this section blank.>>
<<Leave this section blank.>>
The F/EA maintains a separate operating account for each program the F/EA serves.
General description
5. The reconciliation form is printed.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
2. The <<staff title>> performs the bank reconciliation.
. 3. Prior to making a posting to the General Ledger, the <<Staff Title>> reviews the reconciliation statement, including the bank statement and check file.
4. All control documents are password protected and access is restricted to F/EA Assigned staff with responsibility for account reconciliations.
F/EA reconciles the accounts receivable service claims account <<GL Account Number>> monthly. Reconciliation of this account is completed by the 10th of the month following the month for which the reconciliation is performed.
Reconcile Accounts Receivable to General Ledger
Performed Monthly
Insert F/EA specific process here.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
A reconciliation of FICA workers and employer tax is performed monthly. A reconciliation of Form 941, including FICA taxes, is performed quarterly.
These reconciliations are performed to ensure payments made for employment tasks are appropriately accounted and tracked and to ensure that the reporting agent withholds and remits payments to tax agencies accurately and timely.
After performing the reconciliation, a reconciliation statement is prepared by the <<Staff Title>> (or assigned staff) verified, reviewed by <<Staff Title>> (or assigned staff) who signs the bank statement, and stored at <<file path>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
The methods of internal control utilized by F/EA in the Reconciliation of General Ledger Liability Account for FICA are:
Monthly general ledger reconciliation is completed to ensure that State Unemployment Tax (SUTA) and Federal Unemployment Tax (FUTA) liabilities are accurately recorded in the general ledger. Quarterly these general ledger balances are reconciled to SUTA and FUTA payments made on behalf of employers.
Reconciliation of FUTA and SUTA Liabilities to General Ledger
Performed Quarterly
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
A reconciliation of workers Federal Withholding Tax is performed monthly.
Reconciliation of Federal Withholding Tax Payments to General Ledger
10. Enter sum of Federal Withholding Tax payments from bank account on bank account transactions sheet
11. F/EA Accountant signs and dates reconciliation sheet
12. F/EA Accountant passes reconciliation sheet and supporting documents to <<Staff Title>>
13. <<Staff Title>> verifies completeness and mathematical accuracy
14. <<Staff Title>> signs and dates reconciliation sheet
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
A reconciliation of State Withholding Tax (SWT) liability is performed monthly.
Reconciliation of State Withholding Tax Payments to General Ledger
5. Compare payments made within the month from the bank account to payments made as reported on weekly SWT tax payment reports
6. Identify, research and resolve any discrepancies
7. Communicate with payroll department as necessary
8. Direct payroll department to make adjustments to their records as necessar
9. Print reconciliation sheet for account <<GL Account Number>> found at <<File Path>>
10. Enter ending balance for <<GL Account Number>>
11. Enter sum of State Withholding Tax quarterly payments from bank account on reconciliation sheet
12. Ending balance and sum of payments should match
13. Research and correct any discrepancies
14. Make necessary adjustments to general ledger if required
15. <<Staff Title>> signs and dates reconciliation sheet
16. <<Staff Title>> passes reconciliation sheet and supporting documents to <<Staff Title>> (or assigned staff member)
17. <<Staff Title>> verifies completeness and mathematical accuracy
18. <<Staff Title>> signs and dates reconciliation sheet
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Reconciliation of Workers’ Compensation Liability to General Ledger
5. <<Insert Staff Title>> signs and dates reconciliation sheet
6. <Insert Staff Title>> passes reconciliation sheet and supporting documents to <<Staff Title>>
7. <<Staff Title>> verifies completeness and mathematical accuracy
8. <<Staff Title>> signs and dates reconciliation sheet
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA reviews uncashed checks monthly in conjunction with the monthly reconciliations. After one year, any checks that have not been cashed are removed from the bank reconciliation uncashed checks list (<<GL Account>>) and recorded in General Ledger account <<Account No,>>. F/EA follows unclaimed property procedures for the state in which employees being paid reside.
8. F/EA Accountant signs and dates reconciliation sheet
9. F/EA Accountant passes reconciliation sheet and supporting documents to <<Staff Title>>
10. <<Staff Title>> verifies completeness and mathematical accuracy
11. <<Staff Title>> signs and dates reconciliation sheet
12. Signed reconciliation sheet is scanned and saved here for at least seven years: <<File Path>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
This is a reconciliation of the F/EA's Accounts Receivable for claims submitted by the F/EA for the F/EA's Administrative Reimbursement.
F/EA reconciles the accounts receivable administrative account <<GL Account Number>> monthly. Reconciliation of this account is completed by the 10th of the month following the month for which the reconciliation is performed.
Reconcile Accounts Receivable to General Ledger
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA reconciles the Year-End Payroll Journal Summary report for the calendar year provided by the payroll department to forms 941 for the calendar year. This reconciliation is performed between January 1 and January 31 of the year following the calendar year for which forms W-2 are produced.
Reconcile Forms W-2 Payroll Journal Summary to Forms 941
<<F/EA should create a reconciliation sheet that to compare 941 amounts to amounts actually paid throughout the year. F/EA should also reconcile Form 941 to Schedule B and Schedule R. Create a process and insert that process here.>>
5. <<Staff Title>> prints the reconciliation sheet
6. The <<Staff Title>> reviews the sheet and verifies that all entries and mathematical calculations are correct.
7. After verifying, the <<Staff Title>> signs and dates the reconciliation sheet.
8. <<Staff Title>> reviews all documents for completeness and mathematical accuracy.
9. After verifying, <<Staff Title>> signs and dates the reconciliation sheet.
10. <<Staff Title>> stores this reconciliation sheet by scanning it to <<File Path>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA shall prepare and review an aged trial balance of the accounts receivable as often as necessary, but at least annually at year-end, in order to determine if any delinquent receivables must be written off as bad debts.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification. The methods of internal control utilized by F/EA are:
This sub-chapter identifies general policies for Consumer Employers in participant-directed programs served by a Fiscal/Employer Agent.
A participant need only operate as an employer or designate a representative to serve as an employer on the participant's behalf if the participant chooses to directly hire employees. In general, any worker who is not employed by another entity when he/she provides service to a participant and does not have a specific license to provide the service provided to the participant and who the participant directs is an employee of the participant employer.
The Internal Revenue Service generally views consumers or their representatives as common law employers of workers that the participant or representative directs as part of the participant-directed program.
<<Insert program specific policy for who can be an employer on the participant's behalf in the program>>
For purposes of acting in the official capacity as the employer of workers who provide service to the participant, the participant or someone the participant designates can act as the employer. If the participant chooses to designate someone to act on the participant's behalf as the employer, that individual is referred to as the 'employer' or 'representative.'
Employer tax registration and F/EA authorization forms are completed using the employer's name and identifying information. If the participant operates as the employer, the participant's information is populated on employer tax registration and F/EA authorization forms as the "employer." If the representative operates as the employer, the representative's information is populated on employer tax registration and F/EA authorization forms as the "employer."
In many cases throughout this manual, the employer may be referred to as the "employer", "participant", "participant employer" or "representative" depending on the context.
In programs served by the F/EA, participant employers are considered "Household" or "Domestic" employers by the Internal Revenue Service, Department of Labor and State Departments of Labor.
<<Before making changes to this chapter, identify who is authorized to operate as an employer in the program. Some programs only allow consumers to be employers while others allow the participant to authorize another person (often called a representative) to operate as the employer>> See General Policies for Consumer Employers
The Employer Start Up Package includes important introductory forms for the participant and all required forms for the participant or his/her representative to be established with tax agencies as an employer. This package also includes forms for the participant or representative to designate tax filing and payment responsibilities for the participant's employer accounts to F/EA.
A new participant receives the Start Up package from <<the participant's Counselor only after the Counselor has received a referral from Program Administrator.>> <<This package is provided to the participant or representative by the Counselor at the intake and orientation meeting.>> The Counselor goes over each form with the participant, helping the participant to understand and complete them.
<<Insert Process for how Employer Start-Up Packages are Distributed to Consumer Employers>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA includes an agreement between the F/EA and the participant in every Employer Start-up Package. The intent of the Consumer Agreement is to ensure that both the participant and F/EA clearly understand each other's roles in the participant direction program and both agree to their roles. This form is included as a standard part of every employer packet produced.
F/EA includes IRS Form SS-4, Application for Employer Identification Number, in every employer start up package.
On line 1 of Form SS-4, after listing the employer's name, "HCSR" must be written. HCSR is the IRS' term for participant employers. It stands for Home Care Service Recipient. Line 1 of Form SS-4 should appear like the below:
"John Doe, HHCSR"
Otherwise, Form SS-4 should be completed per the attached example.
F/EA includes IRS Form 2678, Employer Appointment of Agent, in every Employer start up package. F/EA completes Form 2678 per attached example. This form is included as a standard part of every employer packet produced.
F/EA includes IRS Form 8821,Tax Information and Authorization, in every employer start up package. Form 8821 is completed per attached example. This form is included as a standard part of every employer packet produced.
Note that an executed Form 8821 is no longer required by the IRS for Fiscal/Employer Agent services, but it is a best practice to obtain executed Forms 8821 and file them with the IRS.
F/EA should update this sub-chapter per State requirements. Verify with your state if a Power of Attorney or similar form is needed for the F/EA to operate on behalf of an employer to file and pay withheld state income taxes. If so, update this sub-chapter to reflect the appropriate policy, procedure and internal controls.
F/EA should update this sub-chapter per State requirements. Verify with your state if a Power of Attorney or similar form is needed for the F/EA to operate on behalf of an employer to file and pay state unemployment taxes. If so, update this sub-chapter to reflect the appropriate policy, procedure and internal controls.
The F/EA Start-Up Package includes all forms that a participant must complete to become an employer in the participant direction program. F/EA receives Fiscal/Employer Agent Start-Up Packages, as completed by consumers, via the Counselors. Original signatures must be on all forms, so original packages are only accepted via mail and drop-off at F/EA. All packages are quality checked within 2 business days of receipt. F/EA Start-Up Packages that are incomplete or inaccurate are returned to consumers within 2 business days of receipt.
Quality Check the F/EA Start-Up Package
10. Review the Consumer Agreement
11. Ensure that the following information is complete:
12. Review Form SS-4, Application for Employer Identification NumberEnsure that the requisite information is complete.
13. Review Form 2678, Employer Appointment of Agent
14. Ensure that the requisite information is complete.
17. Review Form 8821
18. Ensure that the requisite information is complete.
1. Sort the package under the participant’s last name
1. Any forms for consumers with packages in the sorter are added to those packages and quality checked
2. The complete F/EA Start-Up Package, with added form (s) is processed through the steps in Quality Check the F/EA Start-Up Package
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA obtains applicable employer account numbers with the Internal Revenue Service (IRS) and State Department of Revenue (DOR) on behalf of each active participant served by F/EA in the participant direction program. F/EA registers consumers with the State Department of Labor (DOL) for State Unemployment Insurance, but only after the participant has been determined liable for State Unemployment Insurance (See Register Consumer with State Department of Labor (Unemployment)).
Create Consumer Folder
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Applying for an Employer Identification Number (EIN) from the IRS is the first step in registering the employer with tax agencies and authorizing the F/EA to file and pay taxes on the employer’s behalf. An Employer Identification Number is required on all other employer tax forms. As of 2013, the IRS now allows Fiscal/Employer Agents to apply for EINs online.
If applying for EIN online:
If applying for EIN via fax:
A participant is registered with the State Department of Revenue (DOR) to allow the participant to deposit and file state income taxes that are withheld from the participant’s workers(s). Registration with DOR occurs after obtaining an EIN on the participant employer's behalf.
Filing a completed Form 2678 with the IRS authorizes F/EA to withhold, file and pay employment and Federal Withholding taxes on behalf of the participant. Form 2678 is not effective until the IRS approves F/EA to act on behalf of the participant employer. This approval is submitted to the F/EA with Notice LTR-1997C.
Because Form 2678 is not effective until the IRS approves the F/EA as an agent of the employer and therefore F/EA does not have joint liability for federal employer taxes until the IRS approves the Form 2678, F/EA includes language in each participant contract stating that F/EA is liable per the participant contract for employer taxes even before the IRS approves Form 2678.
<<Insert address from IRS "Where to File" chart based on location of F/EA>>
Filing a completed Form 8821 with the IRS authorizes officers/staff of the F/EA to discuss employer tax matters on the participant’s behalf with the IRS. 8821 Appointee status does not authorize F/EA officers to represent the participant for the IRS. Note that an executed Form 8821 is no longer required by the IRS for Fiscal/Employer Agent services, but it is a best practice to obtain executed Forms 8821 and file them with the IRS.
3. Mail Forms 8821, list of officers and 8821 Letter to:
4. <<Staff Title>> opens forms tracking module in Payroll System
5. The IRS does not notify of 8821 approval
Employers are not registered for Unemployment Insurance (UI) with the State Department of Labor until the employer has paid at least $1000 in gross wages in a single calendar quarter. The payroll department produces the <<report>> <<weekly>> that shows any employers who do not have a UI account number and have just crossed the $1000 per calendar quarter threshold. After reaching this limit, the employer is liable for all wages previously paid in the calendar year and all wages going forward up to the taxable wage base for each workers.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
The Worker Hire Package consists of all employment forms that must be completed by the participant or representative and workers when hiring a workers. This package is only for consumers who choose to hire workers.
A new participant will receive the Worker Hire Package from the F/EA or their Counselor only after <<insert any criteria here for distributing the Hire Package; e.g. in some programs a budget has to be issued first>>. The participant will be trained by the Counselor at the first intake meeting. The Counselor will review each form with the counsumer, helping the participant to understand and to complete them.
Existing consumers receive their supply of employment packages from their Counselor or F/EA as they request packages to hire new workers. Packages must be sent to consumers the same business day that the request is made.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
This form includes policies to which the workers must agree to provide service in the program.
<<Worker agreement will be different for each program.>>
<<Common language in workers agreement addressess:
This form is automatically included in every Worker Hire Package.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
This document is included in every Worker Hire Package.
The front of this form is used to collect workers, participant and representative biographical information, including whether the workers has a family relationship with the employer that causes the workers to qualify for an employment tax exemption.
The back of this form provides information on which forms must be completed by the Worker and which forms are optional. This page also includes some helpful tips for completing the forms.
This form is reviewed by <<Staff Title>> <<enter periodicty>> for accuracy and completeness. If changes are made to the standard form, the changes are reviewed by <<Staff Title>>. See Stay Up to Date with Forms, Rules and Regulations
This form is automatically included in every Worker Hire Package.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
This form is used to collect Federal Income Tax withholding information from the workers.
Workers must complete this form prior to employment. If a workers provides service before completing this form and must be paid for that service, F/EA pays workers as if the workers's Federal Form W-4 was completed as "Single" with "0 Allowances." Completion of the W-4 in this manner ensures the highest withholding for Federal Income Tax occurs.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
This form is used to collect State Income Tax withholding information from the workers.
Not all states have or require completion of a State Form W-4.
This form is for the employer to verify and record employment eligibility information for their workers. This form is included in every workers packet by default.
This completed form must be received by the F/EA prior to issuing payment to a workers.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
This form is used to collect bank account information for employees electing to have their pay directly deposited into their bank account.
This form is only completed if an employee desires to have direct deposit. Completion of this form is not required for payment. Employees who do not complete this form will receive payment via paper check.
This form is automatically included in all employee hire packages.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
As required by the F/EA’s contract with the Medicaid Agency, the F/EA obtains an executed Medicaid Provider Agreement from every worker. The Medicaid Provider Agreement is stored in the F/EA’s files per File Retention Policy.
Payment will not be issued to workers by F/EA without a completed Worker Hire Package.
Required Forms
<<Insert requirements for quality check here>>
8. Review Form I-9
10. Review the Authorization Agreement for Direct Deposits.
11. If the workers has completed this form, ensure the following fields are complete:
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Using the Employee Information Form, F/EA collects information on a workers's familial relationship to his/her employer. Based on certain familial relationships, workers and their employers are exempt from certain taxes. When a workers is exempt from taxes with an employer contribution, the employer is also exempt from paying the employer tax.
The F/EA processes all Employee Information Forms upon receipt. The F/EA uses current Federal and State regulation information to record exemptions based on familial relationships.
F/EA uses the following criteria from IRS Publication Circular E:
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
2. All packages are date stamped immediately upon receipt.
3. During quality check, each form is separately initialed and dated as it passes a satisfactory quality check.
4. F/EA stays up to date with any changes to Family Tax Exemptions using Stay Up to Date with Forms, Rules and Regulations
5. A control sheet is used to Quality Check each packet.
State law requires that all newly hired employees are reported to the <<Insert Agency Name>> by employers within <<Insert No. of Days>> days of the employee’s first day on the job.
F/EA tracks all newly hired employees and ensures that they are appropriately reported on the new hire report that the F/EA submits to <<Insert Agency Name>> weekly. Confirmation of a new hire report being submitted to <<Insert Agency Name>> is tracked in a control document stored at F/EA.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Verifying Worker Social Security Numbers (SSN) with the Social Security Administration (SSA) and resolving any errors prior to filing Forms W-2 with the Social Security Administration is a key to accurate and timely annual wage report submission. Submitting Forms W-2 to the SSA with accurate SSNs helps to ensure that workers earnings records are properly credited with wage information. This is important information for determining their Social Security benefits in the future.
20. Log in to SSNVS the next business day to check to see if a return file has been produced
21. If a return file has been produced, download the file
23. Open the file in Excel
24. Sort the spreadsheet by the 9 column
25. For any SSNs with error codes 1, 5 or 6, the F/EA must verify that the SSN provided in the Worker Hire Package was the SSN submitted to the SSA for verification
26. Print the Excel sheet showing errors
27. Locate the Worker’s Hire Package saved in the participant’s scan file on the X drive
28. Review each form in the Worker Hire Package
29. Compare the SSN listed on each form to the SSN listed for the provider in the return file
30. Go to https://s044a90.ssa.gov/acu/BSOIRESEAI/login
31. Select ‘I Accept’
32. Enter user PIN and Password. User develops a Password, BSO provides a PIN
33. Password must be updated at least once annually
34 . Select ‘Submit an Electronic File for SSN Verification’
35. Select ‘I Accept’
36. Select ‘Continue’
37. Select “Verify up to 10 SSNs Online”
38. Enter the Worker’s name and the SSN found on the Worker Hire Package
39. Select “Submit”
40. The next screen will report whether the name and SSN match the SSA’s records
41. If they do, update the Worker’s SSN with the correct SSN in all systems
42. If the name and SSN found on the Worker Package do not match the SSA’s records, or if the SSN on the Worker Package is the same as the SSN submitted to the SSA originally, F/EA customer service must contact the workers’s participant to attempt to resolve the SSN error
43. <<Staff Title>> (or assigned staff member) places an outbound call to the participant and notifies them of a problem verifying their workers’s Social Security Number
44. This call is documented in the Customer Service module in F/EA System
45. Rather than verify the SSN with an outbound call to the Consumer, the <<Staff Title>> identifies him or herself as a representative of the F/EA, leaves his or her name and number for the participant to call back.
46. A <<Staff Title>> verifies the previously provided SSN and Date of Birth (DOB) with the participant when he or she returns the call
47. If the SSN or DOB on file with F/EA does not match that provided during the call by the provider, record the corrected SSN in all applicable systems
48. Follow steps to verify the SSN with the Social Security Administration
49. If the SSN or DOB on file matches that provided by the workers, the <<Staff Title>> encourages the participant or workers to contact the Social Security Administration’s local branch to correct or verify their SSN or Date of Birth
50. The <<Staff Title>> provides the workers with a local number to reach the Social Security Administration
51. Contact information for the Social Security Field Office near the workers or Consumer can be located by entering the workers or participant’s zip code at this website: https://secure.ssa.gov/apps6z/FOLO/fo001.jsp
52. All contact with the participant is recorded in the Customer Service Module
This process itself is an internal control used to verify the data integrity of Worker Social Security Numbers recorded in F/EA systems. By using this method to verify Social Security Numbers of workers, F/EA improves the accuracy of data on Forms W-2 provided to workers, State Department of Revenue or equivalent, the Social Security Administration and the IRS. Performing this process at least annually improves F/EA data integrity.
F/EA can only make changes to employee contact information when the employee, participant or representative requests a change. <<Does the program require that requests come in writing? If so, add it here.>>
Update Worker Contact Information
<<Insert process to update contact information in your systems>>
<<Depending on the rules of the program, certain background checks may be required to be performed on workers before they are permitted to provide service. The program may only require background checks for workers performing certain types of service. For example, a workers performing "Respite Care" must have a background check, but a workers installing a ramp does not have to have a background check performed.
The program may require one or many types of background checks. Some possible types of background checks are a criminal background check (state or FBI), a child abuse registry check, an adult/edler abuse registry check, or a sexual offender registry check.
Some programs may disallow a workers to provide service in the program if they have any offenses in their background check. Others will only prohibit the workers providing service in the program if the workers has been convicted of certain kinds of offenses. Still others require that if a workers has a offenses on his/her background check, that the participant complete an informed consent form, certifying that the participant is aware of the workers's offenses and still chooses to hire the workers.
The policy section of this document should set forth for what types of workers background checks are required, by when they must be performed, who performs them, and what occurs if a workers has offenses on his/her background check. This section may also include how the payment for the background check is funded (e.g. by the F/EA, from the participant's budget or another approach.>>
The Goods and Services Vendor Package consists of all forms that must be completed by the vendor and participant or the designated representative, when procuring goods or services from a vendor for the program.
Consumers will receive the Goods & Services package from their <<counselor>>. <<The counselor>> will review each form with the participant, helping the participant to understand the purpose and how to complete each form in the package. Each participant will receive a blank Goods and Services Vendor Package with their Welcome Package.
Throughout the program consumers will receive their supply of Goods and Services vendor packages from F/EA as they request packages to hire vendors.
F/EA is responsible for updating the Goods and Services vendor packages as applicable. F/EA will check on a monthly basis for updates on forms. As forms are updated, changes will be made to the vendor package. Packages that include updated forms are sent to consumers when they request vendor packages.
Note that individual workers are rarely considered "Goods and Services Vendors." A "Goods and Services" vendor is usually an agency, corporation, licensed non-profit or other independent contractor.
6. Vendor Enrollment Information Form
7. IRS Form W-9: Request for Taxpayer Identification Number and Certification, and Instructions for Qualified Independent Contractors Providing Approved Goods and Services
8. This form is provided to collect vendors Taxpayer Identification Numbers (TINs), in order for their invoices to be processed.
9. Medicaid Provider Agreement, as applicable
10. Direct Deposit Form
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Prior to paying a Goods & Services vendor, the F/EA must receive a completed Goods & Services Vendor Package. The F/EA utilizes this information to establish the vendor as such in the F/EA's payroll system. This procedure ensures that payments to the vendor go where intended, but also that the F/EA has required information to send tax returns to the vendors at year-end. Form W-9 is required for all Goods and Services vendors prior to payment is issued.
F/EA will process vendor payments on a bi-weekly basis completed, valid payment request forms (PRFs) are received.
The payment request forms are distributed to all consumers when they join the program, in the Goods & Services Vendor Enrollment Package. Consumers or vendors can request PRF’s by calling F/EA’s toll-free customer service line or the form can be accessed online.
The PRF allows the participant to inform F/EA of what vendor is to be paid, in what amount and from what line in the participant’s budget to use allocated funds.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Payment to a workers cannot be made without an active budget for the participant receiving service. The budget must cover the workers’s work date and the service type provided. Any timesheets received that are not covered by a budget are denied.
Validate Each Individual Budget for Accuracy
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA ensures that consumers are not established in F/EA’s payroll system until a budget has been received. This is an internal control to ensure that payments are never made on a participant's behalf until the budget is received. After a budget has been received for a participant and verified by the <<Staff Title>>, the <<Staff Title>> is notified to continue establishment of the participant with state tax agencies and in applicable payroll systems. Any timesheets received that are not covered by a budget are denied.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA ensures that consumers are not established in F/EA’s payroll system until a budget has been received (See Policy and Procedure document 4.4). This is an internal control to ensure that payments are not made on a participant's behalf until an approved budget has been received.
Enter Budgets (Not Extensions) in Payroll System
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
After a participant’s budget is received by F/EA, validated for accuracy and entered into Payroll System, a Welcome Package is sent to the participant. Welcome Packages are only sent to consumers after their first budget is received by F/EA. A Welcome Package is sent to the participant within 3 business days of entering the budget in the Payroll System.
The Welcome Package is issued when the participant is totally ready to receive and direct service in the program. This means that the Welcome Package is issued after all employer paperwork has been received by the F/EA and verified as correct and an authorized budget for the participant has been received by the F/EA. The Welcome Package alerts the participant that they can now hire staff, purchase goods and receive services. The Welcome Package also provides the participant with other information and documents that they will use in the management of their program.
Usually, the Welcome Package is only sent when the participant starts their program and it is not sent again.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
If the F/EA is operating as such in a Medicaid program, the F/EA must be a Medicaid enrolled provider. <<Adjust this per program rules.>> In Medicaid programs, the F/EA must be an enrolled Medicaid provider prior to receiving participant budget funds, making payments on consumers' behalves or submitting service claims for payment.
<<Insert policy for F/EA to be a Medicaid enrolled provider for the program.>>
<<Insert policy for how F/EA maintains status as Medicaid enrolled provider.>>
<<Insert procedure to apply for and receive a approval to be a Medicaid enrolled provider, as applicable.>>
<<Insert any internal controls related to operating as a Medicaid enrolled provider.
Timesheets are submitted to F/EA by consumers on a bi-weekly basis according to the payroll calendar schedule. All timesheets must be received by at the Fiscal/Employer Agent Office by <<4:00 PM on the Monday>> after the payroll period ends.
Faxed Timesheets
The internal controls used by F/EA to monitor this process establish responsibility, document procedures and ensure independent internal verification.
Timesheets are verified for accuracy and completeness either manually or with software called <<Insert if you have software that supports timesheet validation>>. Each timesheet is reviewed to ensure the following fields are correctly completed:
Verify Timesheets for Accuracy and Completeness
6. Verify that the Employee ID number on the timesheet exists in the Payroll System and pull up the workers name associated with the Employee ID for verification
12. Verify that the total hours worked each day match the difference between the in and out times on the timesheet.
Verify that the total hours worked for the week match the sum of the daily totals for each week.
13. For any timesheet verification errors that cannot be resolved, do the following:
Commit Timesheets for Payment
Process to Sign Timesheet if a Consumer Passes Away in Payroll Period
3. If none of the above are available, the <<Staff Title>> or <<Staff Title>> will sign the timesheet.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Timesheets are checked for completion in accordance with Program rules. The process to verify timesheets in accordance with program rules occurs using <<F/EA’s Payroll System.>> <<Program rules will vary by program. Some sample program rules are here.>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
<<Insert procedure for paying in accordance with rates. In most cases, the rates are pre-determined and are stored in the participant's budget on the line item for the individual workers.>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
<<Insert Process to do the following>>
-Print checks with the applicable check date
-Get signature on checks
-Print remittance advices with checks
-Verify addresses on checks/envelopes
-Stuff checks/remittance advices in envelopes
-Mail checks with postage date on or before published pay day
-Create electronic funds bank file for direct deposits
-Upload electronic funds file to F/EA bank
-Manage "pre-notes" as needed
-Get confirmation that direct deposits have been accepted
-Mail/email remittance advices for direct deposits
-Store check information
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Budget and utilization research is performed when a participant’s budget balance is zero before the end of the approval period. This could be the result of the participant over-utilizing authorized units or there could be an error in the budget. This research is performed to identify the problem, communicate it to the participant and counselor as applicable, and resolve any issues or discrepancies.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA strives to issue all payments correctly when they are initially issued. However, in some rare cases, checks may be issued in error. Some possible errors include:
Immediately upon identifying an error in payment, the error is researched by appropriate staff and corrective action is taken. Corrective action may include:
<<Insert procedure based on F/EA's operations>>
<<Insert internal controls based on F/EA's operations>>
Customer Service Receives Notification
11. Remind the caller that if they do receive the original check, they must contact F/EA to inquire if it can be cashed prior to cashing it
12. Log description of call in Customer Service tab of Payroll System
13. Use code to denote the type of call being logged
14. Open the Stop Payment Requests Form at <<File Path>>
15. Complete the form including the following information on the Stop Payment Request Form:
16. Attach copy of check stub to Stop Payment Request Form
17. <<Keep this package of documents until the written request for stop payment is received from the participant or representative>>
18. <<Staff Title>> stores the request in “Stop Payment Requests” folder
19. <<Once the written request for stop payment is received, log that it has been received in the Consumer’s Customer Service tab in Payroll System>>
20. <<Attach written request for stop payment to copies of check stub and P/R Delivery Address page and Stop Payment Request Form>>
21. Provide entire package to <<Staff Title>> to issue stop payment and replacement check
18. Select “Account Services”
19. Select “Stop Payment”
20. Select “Add Stop Payment”
21. Select “Account Number”
22. Select “Reason for stop Payment”
23. Enter Check Number; Check Amount; Issue date and Payee.
24. Select “Add”
25. Verify the accuracy of the data.
26. Select “Process”
27. The screen will change to confirm.
28. Print Confirmation page
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
<<This process is contingent on the F/EA's payroll and accounting processes>>
Monthly Reconciliation of Payroll Payments
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
On a weekly basis, Payroll Department produces journal entries for payroll expenses and liabilities. Payroll Department provides journal entries and supporting documents to F/EA Accountant. At month end, F/EA Accountant reviews each journal entry and supporting documents. The journal entry template is stored in: <<File Path>>. F/EA Accountant posts payroll expenses and liabilities to the General Ledger. The F/EA Accountant signs and dates each journal entry and <<Staff Title>> authorizes by signing each journal entry. All journal entries are saved here: <<File Path>>
Post Payroll Tax Liability to General Ledger
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Consumers' employees must be paid in accordance with applicable state and federal overtime and wage and hour rules and regulations and in accordance with state pay day rules.
Consumers' employees must be paid the prevailing minimum wage per hour, whether that be the state or federal minimum wage*. Consumers' employees also must be paid at least an hourly rate of time and a half the workers's regular hourly rate of pay for any hours worked over 40*.
Consumers' employees also must be paid per state pay day rule. A pay day rule states within how many days an workers who submits a satisfactory timesheet must be paid by his/her workers. Consumers' employees are paid within applicable state pay day rules.
*This policy does not apply if the workers is working as a "companion" for the participant. "Companions" may qualify to be exempted from Federal minimum wage and overtime rules per the Fair Labor Standards Act's Companionship Exemption. The companionship exemption may not be taken if a FLSA joint third party employer relationship exists--i.e., the state and/or the F/EA is considered a joint employer by the US Department of Labor.
<<Insert information on how the F/EA complies with this policy.>>
<<Insert internal controls. Some suggested internal controls are listed below.>>
F/EA processes vendor payments on a bi-weekly basis when completed, valid payment request forms (PRFs) are received.
The payment request forms are distributed to all consumers when they join the program, in the Goods & Services Vendor Enrollment Package. Consumers or vendors can request PRF’s by calling F/EA’s toll-free customer service line or the form can be accessed online.
The PRF allows the participant to inform F/EA of what vendor is to be paid, in what amount and from what line in the participant’s budget to use allocated funds.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
When the F/EA pays consumers' employees, certain taxes are withheld from each employee's paycheck.
For those employees who are not FICA exempt (see Collecting, Recording and Processing Information for Family Employer and Employee Tax Exemptions), Social Security and Medicare taxes are withheld from employee pay up to the Social Security Contribution and Benefit Base. Social Security Tax is withheld from employee gross wages at a rate of 6.2%. Medicare Tax is withheld from employee gross wages at a rate of 1.45%. The combination of Social Security Tax and Medicare Tax is called "FICA", so the total FICA amount withheld from an employee's paycheck is 7.65%.
The employer also owes FICA taxes on employee wages. For Social Security and Medicare taxable wages paid to an employee,, the employee's employer owes 7.65% of the wages. The employer and the employee share of FICA are both deposited to the IRS by the employer (see IRS Form 941: Employer's Quarterly Federal Tax Return and Payments).
Federal Income Tax should be withheld from employee pay. The amount withheld will depend on what the employee has recorded on their IRS Form W-4 and what the employee's tax rate is, based on their income bracket (see page 39 of Publication 15, Circular E).
In most states, State Income Tax must be withheld from employee pay. The rate of state income tax withheld depends on state requirements.
State Unemployment Tax is required in all states and usually paid in whole by the employer. State Unemployment Tax exemption and liability rules usually mirror FUTA rules, but this varies by state. In some states, employees may be responsible for a portion of State Unemployment Tax or disability insurance tax. In those states, the employee tax should be withheld from employee pay per state rules.
For those employees who are not exempt from Federal Unemployment Tax (FUTA) (see Collecting, Recording and Processing Information for Family Employer and Employee Tax Exemptions) AND whose employers are liable for FUTA tax*, the employer FUTA tax must be calculated and eventually paid on gross wages paid to an employee up to the FUTA Taxable Wage base. If State Unemployment Tax is paid timely and in full by the employer, then the FUTA tax owed is .6% of FUTA taxable wages, except if a FUTA credit reduction is in effect in F/EA's state of operations for that calendar year. If State Unemployment Tax is NOT paid timely or in full, then the FUTA tax rate is 6% of FUTA taxable wages.
The F/EA ensures that all employee taxes are appropriately withheld and that all employer taxes are appropriately calculated so that all taxes can also be correctly paid and filed.
*Employers are liable for FUTA tax if they have paid $1000 or more in gross wages in a single calendar quarter. It doesn't matter how many employees the employer pays; all that matters is if the employer has ever paid $1000 of wages out in a single quarter. If they have, that employer is liable for FUTA on wages paid to his/her employees.
In accordance with Section 3504 of the Internal Revenue Code, Revenue Procedure 70-6 and Proposed Regulations REG-137036-08 (January 13, 2010) and Revenue Procedure 2013-39, F/EA files Form 941 quarterly in aggregate, on behalf of all participants in the Program. F/EA uses its separate agent Employer Identification Number (EIN) to file Form 941 and to deposit workers Federal Withholding Tax, workers FICA and employer FICA. Federal Withholding Tax and employee and employer FICA are deposited by the F/EA with the IRS on within 24 business hours of each payroll.
21. Subtotals with description “IRS USATAXPYMT” are weekly Federal Income Tax, and Employer and Employee FICA payments
22. Add the subtotals with description “IRS USATAXPYMT” for each month in the quarter
23. This creates monthly totals of payments
24. Compare this to the liability amounts on Schedule B to ensure that payments for each month are equal to or greater than liabilities
25. Complete lines 17, 18 and 19 on Quarterly Reconciliation Document
26. Compare the liability on each date on Form 941 Schedule B to the amount for each “Settlement Date” on the EFTPS Batch Provider Inquiry
27. Ensure that the amount on Form 941 Schedule B is less than or equal to the amount on the EFTPS Batch Provider Inquiry for the settlement date
28. Ensure that the settlement date and the date on Schedule B match in each case
29. Compare the sum of payments for all three months from bank account to “Total liability for the quarter” on schedule B
30. Ensure sum of payments is greater than or equal to “Total liability for the quarter” on Schedule B
31. Compare the sum of payments for the quarter as debited from the bank account to Line 11 on Form 941
32. If a discrepancy exists, review prior quarter’s 941 Box 13 to see if an overpayment was made
33. Ensure that the discrepancy equals the difference between Line 11 941 and sum of debits from bank account
34. Compare Schedule B 941 Deposits to debits from bank account
35. Ensure all values on dates match
36. Ensure monthly totals match
41. <<Staff Title>> scans all documents and stores them at <<File Path>>
42. Signed reconciliation sheets are stored for a minimum of 7 years.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
<<Insert policy for completing Schedule B of Form 941>>
<<Insert procedure for completing Schedule B of Form 941>>
<<Insert internal controls for completing Schedule B of Form 941>>
F/EAs must file Schedule R with their Forms 941. Vendor Fiscal/Employer Agents that operate in Self-Directed (also known as Participant-Directed and Consumer-Directed) programs operate under Section 3504 of the Internal Revenue Code and must file a Schedule R with their aggregate Form 941.
Schedule R (Form 941) is used to allocate the aggregate information reported on Form 941 to each participant employer. For purposes of Schedule R (Form 941), the Internal Revenue Service refers to employers represented by agents as their 'clients'.
When the F/EA serves 15 or more employer clients, complete as many Continuation Sheets for Schedule R as necessary. Attached Schedule R (Form 941) and any Continuation Sheets to the aggregate Form 941. F/EA should file Schedule R and Form 941 together with the Internal Revenue Service.
Schedule R is due with Form 941 for each quarter that an agent files an aggregate Form 941, beginning with Quarter 1, 2010.
<<Insert procedure to produce Schedule R for Form 941>>
<<Insert internal controls to produce Schedule R for Form 941>>
In accordance with State regulation, consumers must file and pay State Unemployment Tax, as calculated on workers gross wages, individually using the individual participant’s account number designated for this purpose. Payments and returns are made and filed per regulation on a quarterly basis.
Each participant employer has his/her own experience rate for State Unemployment Tax. This means that each individual employer may pay a different tax rate for State Unemployment Tax. In most states, new employers are designated a standard "New Employer Rate". New employers usually maintain the "New Employer Rate" for some uniform time period.
Each state maintains a taxable wage base. The taxable wage base is the amount of gross wages paid to an workers in a calendar year that are taxable for State Unemployment Purposes. Any wages paid to the workers in excess of the taxable wage base are considered "Excess Wages" and are not taxable for State Unemployment Purposes.
Filing and Payment
Reconciliation of Unemployment Return and Payment
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Per the contract with Program Administrator, F/EA must file and remit State Withholding Tax (SWT) withheld from consumers’ workers on behalf of consumers. The State Department of Revenue requires returns to be filed and payments to be remitted individually using the participant’s individual account number designated for this purpose. Payments of State Withholding Tax withheld from workers pay must be made per each employer’s required deposit schedule. The deposit schedule is set by the State Department of Revenue or equivalent based on the employer’s quarterly liability.
Reconciliation of State Withholding Tax Return and Payment
7. Reporting Agent also sends an excel report called F/EA DOR Payment Reconciliation quarterly
8. As an additional verification, F/EA DOR Payment Reconciliation quarterly is compared to F/EA Payroll Journal reports for the quarter
9. Obtain UPS Tracking number used to ship paper returns for employers who became liable for state withholding tax this quarter to DOR from reporting agent
10. Go to www.ups.com , enter tracking number
11. Verify that shipment date for DOR shipment occurred on or before the Return Due Date
12. Enter date shipped on Quarterly Tax Reconciliation document
13. Obtain receipt from electronic transmittal of state withholding tax returns from reporting agent
14. Verify that the transmittal date occurred on or before the Return Due Date
15. Enter transmittal date on Quarterly Tax Reconciliation document
16. F/EA Accountant reviews variance and accounts for transfers
17. Any discrepancies are identified and resolved
18. Adjustments are made as required on the F/EA DOR Payment Reconciliation
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
In accordance with Section 3504 of the Internal Revenue Code, Revenue Procedure 70-6 as modified by Proposed regulations REG-137036-08-1 and in accordance with Revenue Procedure 2013-39, F/EA Files Form 940 annually and in aggregate on behalf of all consumers in the participant direction program. F/EA uses their separate agent Employer Identification Number (EIN) to file Form 940. Per IRS regulation, F/EA deposits employer Federal Unemployment Tax quarterly on behalf of all consumers.
Reconcile and Verify 940, Employer’s Annual Federal Unemployment (FUTA) Tax Return, Payment
14. Review the “Variance” column of the Quarterly Tax Reconciliation document
15. If no discrepancies identified, F/EA Accountant prints Quarterly Tax Reconciliation document
16. F/EA Accountant signs and dates Quarterly Tax Reconciliation document next to “Prepared By”
17. F/EA Accountant provides Quarterly Tax Reconciliation document and supporting documents to <<Staff Title>>
18. <<Staff Title>> signs and dates Quarterly Tax Reconciliation document next to “Verified By”
19. <<Staff Title>> scans all documents and stores them at <<File Path>>
20. Signed reconciliation sheets are stored for a minimum of 7 years.
4. Obtain UPS Tracking number used to ship Form 940 to IRS from Payroll Department
5. Go to www.ups.com , enter tracking number
6. Verify that shipment date for 940 shipment occurred on or before the 940 Due Date
7. Enter date shipped on Quarterly Tax Reconciliation document
8. If no discrepancies identified, F/EA Accountant prints Quarterly Tax Reconciliation document
9. F/EA Accountant signs and dates Quarterly Tax Reconciliation document next to “Prepared By”
10. F/EA Accountant provides Quarterly Tax Reconciliation document and supporting documents to <<Staff Title>>
11. <<Staff Title>> signs and dates Quarterly Tax Reconciliation document next to “Verified By”
12. <<Staff Title>> scans all documents and stores them at <<File Path>>
13. Signed reconciliation sheets are stored for a minimum of 7 years.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
When consumers employ workers who live in a state other than the state the participant lives in, "non-resident" workers state income and state unemployment taxes must be managed. Each state has different rules and regulations for how non-resident taxes must be handled. Some states have reciprocal agreements with other border states. If two states have a reciprocal agreement and an individual lives in one of those states and works in the other, the individual will only be subject to the income tax in the state where he lives. All states with reciprocal agreements have provisions that exempt an workers from having the tax withheld for the state where he works, but employers are not required to withhold the tax for the state where the workers lives.
The F/EA manages non-resident tax responsibilites on behalf of any participant employers who have employees who live in a state other than the participant's state of residence.
F/EAs must file Schedule R with their Forms 940. Vendor Fiscal/Employer Agents that operate in Self-Directed (also known as Participant-Directed and Consumer-Directed) programs operate under Section 3504 of the Internal Revenue Code and must file a Schedule R with their aggregate Form 940.
Schedule R (Form 940) is used to allocate the aggregate information reported on Form 940 to each participant employer. For purposes of Schedule R (Form 940), the Internal Revenue Service refers to employers represented by agents as their 'clients'.
When the F/EA serves 15 or more employer clients, complete as many Continuation Sheets for Schedule R as necessary. Attached Schedule R (Form 940) and any Continuation Sheets to the aggregate Form 940. F/EA should file Schedule R and Form 940 together with the Internal Revenue Service.
By January 31 of each calendar year, F/EA submits Forms W-2 to consumers’ employees for wages earned in the previous calendar year. A employee receives an individual form W-2 for each employer for whom they work, as a distinct employer/employee relationship exists for each employer/employee relationship.
Forms W-2 are produced per Internal Revenue Code Section 3504, Revenue Procedure 70-6 and Revenue Procedure 2013-39. Each Form W-2 shows Federal and State taxable wages earned in the calendar year by the employee from the employer.
9. Prior to March 31, F/EA submits an electronic file of Forms W-2 to the Social Security Administration via their Business Services Online portal
10. A file of electronic Forms W-2 is produced per Social Security Administration publication EFW2
11. The file is uploaded to the Social Security Administration
12. After uploading the file, the F/EA receives a Transmittal Confirmation receipt
13. <<Staff Title>> saves Transmittal Receipt confirmation to <<File Path>>
14. Transmittal Receipt confirmation is saved for a minimum of 7 years per File Retention Policy
15. Also prior to March 31, reporting agent submits an electronic file of Forms W-2 to the State Department of Revenue in the required format
16. After submitting the file, a Transmittal Confirmation receipt is received
17. <<Staff Title>> saves Transmittal Receipt confirmation to <<File Path>>
18. Transmittal Receipt confirmation is saved for a minimum of 7 years per File Retention Policy
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification. The methods of internal control utilized by F/EA in are:
F/EA issues Form W-2c for any Forms W-2 that were previously issued and must be corrected. Common reasons for issuing a Form W-2c include:
Forms W-2c must be submitted to the workers listed on the Form W-2. Corrected data, as shown on the Form W-2c, must be submitted to the Social Security Administration and the State Department of Revenue.
Whether or not the corrected W-2 data is submitted to the Social Security Administration and State Department of Revenue using the applicable W-2c process depends on when the error on the original W-2 is identified and the corrected W-2 issued. If the original W-2 data has not yet been submitted to the Social Secutiy Administration or the State Department of Revenue when the error is identified and the W-2c provided to the workers, the F/EA does not need to use the Social Security Administration or State Department of Revenue W-2c process. Rather, the F/EA can correct the data and submit corrected data to the Social Security Administration and State Department of Revenue with the F/EA's initial submission of W-2 data. This approach to correcting data is usually used after Forms W-2 have been issued to workers but before W-2 data has been submitted to the SSA or State.
If W-2 data has already been submitted to the Social Security Administration or State Department of Revenue when the error is identified, the F/EA uses the Social Security Administration's W-2c filing process and the State Department of Revenue's filing process.
In 2016, Forms W-2c can be effectively filed using the Social Security Administration's Business Services Online portal and following onscreen steps to submit W-2c data.
Each state has an approach to accepting W-2c data.
<<Insert F/EA Process>>
<<Insert F/EA Internal Controls>>
Per IRS regulation, household employees are only liable to pay Social Security and Medicare taxes (commonly referred to as FICA) if they earn wages from a single employer over a certain amount in the calendar year. Per IRS Publication 15, Circular E, in 2019, that amount is $2,100.
All adjustments for refunded FICA must be made using Form 941-X. A separate Form 941-X must be filed for each quarter in which FICA was withheld that is ultimately refunded. A Schedule R for Form 941 must accompany each Form 941-X showing the corrected wages and taxes only for those employers impacted by FICA refunding for the quarter.
Date discovered errors: 12/31/YYYY
Part 1, check Box 1 to apply the overdeposit to a future return (fastest way to get money)
Check Box 2 to get a check from the US Treasury (slow way to get money)
If you choose this method, F/EA can only correct overreported amounts on this 941-X and F/EA must complete a separate 941-X if F/EA is also correcting overreported amounts.
Part 2, check Box 3 and 3.a
Column 1 = F/EA's originally filed Form 941 less amounts for employees impacted by FICA Refunding
Column 2 = the amount originally filed on Form 941 for the quarter
Line 6: F/EA gross wages stay the same. The workers were still paid. It’s the Social Security and Medicare wages that will be adjusted. Yes, workers were paid, but the wages were not Social Security or Medicare Taxable.
Column 3 = the difference. This will also be F/EA's total amount for employees impacted by FICA refunding.
Line 8 – take it through like the other lines.
Column 4 is the sum of F/EA total workers and employer refunded SS tax for the quarter
Line 10 – take it through like the other lines.
Column 4 will also be the sum of F/EA total workers and employer refunded Medicare tax for the quarter
Lines 10 – 18 follow the remaining instructions on Form
The amount in line 18 is the amount of FICA refunded for the quarter
Half of this amount will be sent as a refund to the individual employees (their share of FICA)
Half of this amount will be refunded to the employer (almost always, this means refunding to the state)
Complete Section 21 to explain how you find the errors.
Also complete a Schedule R to accompany each Form 941-X. The Schedule R should include ONLY those employers affected by refunded FICA in the quarter for which the Form 941-X is filed.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA reviews uncashed checks monthly. After <<one year>>, any checks that have not been cashed are removed from the bank reconciliation uncashed checks list (Account <<99999>>) and accounted for in General Ledger Account <<99999>> (See Policy and Procedure X.X).
10. All letters are mailed to workers
11. Some letters will be returned as “undeliverable”
12. After undeliverable letters are received, F/EA Accountant or <<Staff Title>> try to contact workers by phone to verify their addresses
13. Verify mailing address with each workers
14. Record that call is made in <<Customer Service System>>
15. pdate address in Payroll System
16. After verifying or updating address with each workers, send each workers the uncashed check letter
17. When vouchers are returned to F/EA, F/EA Accountant logs the date the voucher was returned in the Outstanding Check Issue spreadsheet
18. For all workers in the spreadsheet for whom a voucher has been received, F/EA Accountant approves re-issuance of the check value by completing the "Re-Issued Check Requisition Form"
19. For each returned, signed voucher, collect the voucher and the Re-Issued Check Requisition form
20. Provide these forms to <<Staff Title>> for review
21. Each check gets one form with the Check Requisition and the Letter
22. <<Staff Title>> reviews all supporting documents and Check Requisition form
23. <<Staff Title>> initials and dates Check Requisition form in lower right corner
24. <<Staff Title>> reviews letter and Check Requisition form
25. If errors do not exist, <<Staff Title>> signs and dates the Check Requisition form
26. F/EA Accountant interoffice mails the Check Requisition forms to Accounts Payable Department
27. F/EA Accounts Payable Department issues checks
28. Issued checks are submitted to F/EA Accountant
29. F/EA Accountant reviews checks received from Accounts Payable Department
30. F/EA Accountant enters “Reissued” in column <<B>> of the Check Issue spreadsheet at <<File Path>>
31. F/EA Accountant enters the reissued check number in column <<R>>
32. Filter spreadsheet by column B = “Reissued”
33. Copy all lines with “Reissued” in column B
34. Paste results to bottom section of spreadsheet where reissued checks are stored
35. <<Staff Title>> puts checks in envelopes
36. Seals envelopes
37. Delivers checks to outgoing mail box
38. Checks are mailed
39. By November of the calendar year, uncashed checks are reported to abandoned property for checks that are 3 years old or older
40. F/EA Accountant provides report of uncashed checks 3 years or older to F/EA Controller for reporting
41. F/EA Controller completes <<State Issued Report of Abandoned Property>>
42. If any payment is due to transfer the unclaimed property to the Division, F/EA Controller will make payment and submit original report and payment to Division of Abandoned Property
43. Copies of payment and <<State Issued Report of Abandoned Property>> are provided to <<Staff Title>>
44. Copies of payment and <<State Issued Report of Abandoned Property>> are scanned and saved to <<File Path>> for a minimum of 7 years per File Retention Policy
45. <<Insert process to appropriately update General Ledger and reconciliation documents>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Independent contractors that are used in the participant-directed program must be issued Forms 1099-MISC when they meet certain criteria. The F/EA issues Forms 1099-MISC to contractors and submits copies of the Forms 1099 and Form 1096 (or electronic equivalent) to the IRS. Copies of Forms 1099 and Form 1096 (or electronic equivalent) are submitted to the state Department of Revenue (or equivelent) depending on state rules.
Forms 1099-MISC should be filed per instructions and rules for the form, which can change from year to year.
Not withstanding other Form 1099-MISC instructions, Forms 1099-MISC will generally be issued to independent contractors by the F/EA under the following circumstances:
Forms 1099-MISC generally must be submitted to payees by January 31 of the year following the tax year reported on Form 1099-MISC.
The F/EA submits to the IRS copies of all Forms 1099-MISC and a completed Form 1096 by February 28 of the year following the tax year reported on Form 1099-MISC. If the F/EA issues 250 or more Forms 1099-MISC, Forms 1099 must be filed electronically by the IRS. In this case, a Form 1096 is not required. Electronic Forms 1099-MISC are due to the IRS by March 31
When an employee files for unemployment compensation from the State Department of Labor, the State Department of Labor sends an Unemployment Insurance Request for Information form to the employer at F/EA’s address. The form requests information to be verified or completed and returned to the State Department of Labor by the due date listed. The due date is usually within 12 days of the form’s mailing date.
8. Find the workers listed in Section 2 of Request for Information form and their first start date
9. Enter the first start date in the appropriate section on the form
10. Find that workers’s last end date worked
11. Enter the last end date in the appropriate section on the form
12. Verify the workers’s wages for the appropriate section of the Request for Information form
13. Fax the completed report to the fax number listed on the form
14. Within a few weeks, F/EA will get a letter stating that the workers has or has not been granted Unemployment Compensation
15. <<Staff Title>> or assigned staff sends a copy of the letter to the participant
16. Scan a copy of the letter to the participant’s file on the X drive
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Periodically, Social Security Administration Field Offices will request wage information about workers who work for consumers. These requests are mailed to the participant’s attention at the F/EA address. F/EA is responsible for completing all information and returning completed forms to the Social Security Administration Field Office in the postage paid envelope.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
As garnishments, levies and holds are received by F/EA on behalf of participant employers, F/EA Payroll Department staff review the garnishment to ensure that the employer and workers are active in the program.
19. <<Insert Process to enter garnishment info into the Payroll System>>
20. Each time the workers in question is paid, the system makes a deduction per the garnishment set-up
21. Each day that payroll is processed, garnishment checks are cut for all deducted amounts
22. Each garnishment check is made payable to the agency as stated on the garnishment form
23. <<Staff Title>> reviews all printed garnishment checks to ensure all checks were received as appropriate
24. <<Insert process for <<Staff Title>> to ensure all garnishment checks were cut>>
25. <<Staff Title>> verifies that the name and amount on each garnishment check is correct
26. After verifying checks, <<Staff Title>> provides checks to <<Staff Title>>
27. <<Staff Title>> obtains the garnishment voucher for each check from the locked <<location>> file drawer
28. Copy voucher
29. <<Staff Title>> copies check to save with copy of voucher
30. <<Staff Title>> completes voucher with check information
31. <<Staff Title>> copies completed voucher and printed pay stub
32. Copy of voucher and pay stub are stored in workers folder in locked <<location>> file drawer
33. <<Staff Title>> mails completed voucher and original check to address on voucher
34. When a garnishment has been completely paid and no further payments are required, scan entire workers garnishment file and save to participant folder
35. Checks and vouchers are stored for a minimum of 7 years per File Retention Policy
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Garnishment checks and vouchers are scanned and stored to a participant's scan file for a minimum of 7 yeras per File Retention Policy.
The <<Staff Title>> (or assigned staff member) checks each tax and other agencies for updated employee, employer and independent contract and forms at least monthly. New versions of the forms are integrated into the Employee Hire, Independent Contractor and Employer Start-Up packages and updated packages are distributed to Counselors and consumers as applicable. Records are maintained showing that new forms were checked for; the record is saved in a control document and reviewed by <<Staff Title>>.
The <<Staff Title>> reviews and updates all tax forms, instructions and manuals related to Vendor Fiscal/Employer Agent services, household employers and domestic service workers. The <<Staff Title>> seeks information on preparing, filing and depositing taxes on behalf of individual household employers at all relevant tax websites.
19. IRS Form W-5
20. Go to: http:// www.irs.gov/pub/irs-pdf/fw5.pdf
21. Print a blank Form IRS W-5
22. Compare the review date noted on the top left corner page 2 of the form printed from the website to the date printed on page 2 of the form in the package.
23. If date is different, replace the Form IRS W-5 in the package with the form printed from the website
24. All forms in the Employee Hire Package have now been updated as applicable per tax agency websites
25. Print Form_Verify control document
26. Provide updated Employee Hire Package and completed Form_Verify control document to <<Staff Title>>
27. <<Staff Title>> reviews updated Employee Hire Package and Form_Verify control document for accuracy
28. If documents are deemed as accurate, <<Staff Title>> signs and dates Form_Verify control document
29. Make a copy of the updated Employee Hire package.
30. File copy in the Forms control Forms Binder.
31. Ensure updated Employee Hire Package is distributed to applicable websites, counselors, consumers and workers as needed.
6. IRS Form 2678
7. Go to: http:// www.irs.gov/pub/irs-pdf/f2678.pdf
8. Print a blank IRS Form 2678
9. Compare the review date noted on the top left corner of the form printed from the website to the date printed on the form in the package.
10. If date is different, replace the IRS Form 2678 in the package with the form printed from the website.
11. If the date is the same no change is required.
12. Enter date in Form_Verify control document that F/EA staff verified if there are any updates to the form
13. Enter comments in Form_Verify describing any changes to the form or “No change”
14. IRS Form 8821
15. Go to: http:// www.irs.gov/pub/irs-pdf/f8821.pdf
16. Print a blank IRS Form 8821
17. Compare the review date noted on the top left corner of the form printed from the website to the date printed on the form in the package.
18. If date is different, replace the IRS Form 8821 in the package with the form printed from the website.
19. State Department of Labor, Employer Status Report
20. Go to: http://
21. Print a blank Employer Status Report Form
22. Compare the review date noted on the bottom left corner of the form printed from the website to the date printed on the form in the package
23. If date is different, replace the Employer Status Report Form in the package with the form printed from the website.
24. State Department of Revenue Application for Registration
25. Go to: http://
26. Print a blank Employer Status Report Form
27. Compare the review date noted on the bottom left corner of the form printed from the website to the date printed on the form in the package
28. If date is different, replace the Employer Status Report Form in the package with the form printed from the website.
<<Insert process to check all forms in Employer Start-Up Package for program and state>>
<<Insert Process to check forms in Independent Contractor Package>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA processes, records and responds to notices from Federal, State and Local tax agencies that are received on behalf of employers. All notices are date stamped immediately upon receipt.
22. Payroll Department issues checks and/or returns to applicable tax agency with copies of notices
23. Copies of checks and/or returns are submitted to <<Staff Title>>
24. Copies of checks and/or returns are attached to notices
25. Notices, checks and/or returns are scanned to participant scan file and saved for a minimum of 7 years per File Retention Policy
26. Any notices received for consumers who did not have payroll during the period on the notice:
27. Must have zero returns (as applicable per notice) completed by <<Staff Title>> or
28. Must have account numbers terminated (See chapter on Retiring and Revoking Account Numbers and Authorization)
29. If it is determined that the participant transferred to another F/EA, additional research is required
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Renew IRS Form 8821
Renew IRS Form 2848 <<include a procedure for this if you use Form 2848>>
Renew State Forms <<include a procedure for this if you use state forms that expire>>
F/EA is responsible for purchasing, on behalf of each employer and in the employer’s name, a Workers’ Compensation policy covering all of the employer’s workers. <<Insert individual State or Program policy>>
<<Workers' Compensation Procedure will vary by program and state>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Annually, Workers’ Compensation Agent requests Workers’ Compensation audit data for the previous contract year. F/EA provides requested data to Workers’ Compensation agent within <<10>> business days of receipt of audit request.
<<Audit Process will vary depending on Program, State and Agent>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Monthly, F/EA Accountant performs the bank reconciliations for the F/EA Program Bank Account. During the process, the <<Staff Title>> reviews the bank statements and account reconciliation supporting documents for accuracy.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Monthly, F/EA reports on the following data:
<<Insert Process to Collect Data from F/EA Systems>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
On January 15 and July 15 of each year, F/EA provides a summary report of the number and types of complaints and grievances filed by or on behalf of consumers. F/EA also reports how each grievance and complaint has been resolved.
The Consumer Complaints Report is produced by the <<Staff Title>> and verified and submitted to Program Administrator by the <<Staff Title>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA issues spending reports to consumers and counselors on a <<monthly>> basis. Each participant spending report includes:
Consumer Spending Reports are quality checked by <<Staff Title>>. After quality check, Consumer Spending Reports are issued by mail and <<email>> to consumers. All reports are issued by the <<10th business day>> following the reporting period.
<<Insert Process to produce, quality check and sign off on Consumer Spending Reports>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
When an employer who was active in the F/EA program passes away, the employer's EIN and State Tax (State Income Tax and State Unemployment Tax) Account Numbers must be retired.
Retire Employer Identification Number for Deceased Employers
Dear Sir or Madam,
The following employers are deceased as of <<Insert Today's Date.>> Please retire the employers' Employer Identification Numbers.
<<List Employer Name>> <<List EIN for Employer Name>>
<<List as many employer names as needed.>>
Please contact <<Staff Name at number during available hours>> with any questions.
Sincerely,
<<Staff Name>> (can be any staff person)
<<Staff Title>>
4. Copy letter
5. Store copy of letter for each deceased employer in participant's file
6. Submit letter to IRS office where F/EA's Aggregate Forms 941 are filed
7. For each deceased employer, record date letter was sent to IRS office in Customer Service System
8. The Internal Revenue Service will NOT issue a notice to the F/EA that the EIN has been retired.
<<Insert Process to Retire State Department of Labor Account Number for Deceased Employers>>
<<Insert Process to Retire State Department of Revenue Account Number for Deceased Employers>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
When a participant transfers to another F/EA or stops using the program for any reason, certain tax authorization granted to F/EA must be revoked. Heretofore, these consumers will be referred to as "closed employers."
Revoke Form 2678
In Part 2, enter the following:
In Part 3, enter the following
Revoke Form 8821
1. F/EA revokes Form 2678 for any closed consumers after all quarterly tax payments and returns have been completed
2. For each closed participant, locate participant's original Form 8821 in participant file
3. Write “Closed” and the participant’s close date on the top of Form 8821
4. Copy all revoked Forms 8821 for consumers
5. Place original forms back in participant file
6. Mail copies of revoked Forms 8821 to IRS address where original Forms 8821 were submitted
7. <<Staff Title>> records in Customer Service System that Form 2678 was revoked and the date on which it was mailed to the IRS
8. Internal Revenue Service will NOT submit notifcation of Form 8821 revocation
Revoke Form State Power of Attorney Forms
<<Insert Process to Revoke State Power of Attorney Forms>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
In implementation of Fiscal/Employer Agent services for the participant direction program, F/EA seeks to empower consumers to manage their services.
Inbound Calls
3. <<Staff Title>> listens to brief description of nature of call
4. <<Staff Title>> asks the caller if they are the participant or representative.>>
5. <<The below section may not apply if program does not have restrictions on F/EA speaking with stakeholders other than consumers and representatives>>
6. << If the caller says “no”, <<Staff Title>> explains that F/EA can only speak to the participant or representative about Fiscal/Employer Agent matters>>
7. <<If necessary, <<Staff Title>> explains that F/EA is not the employer of the workers, but rather that the participant or representative is>>
8. <<Staff Title>> reminds the caller to contact the participant or representative with any questions, and if necessary, the participant or representative can contact F/EA>>
9. If the caller states that they are the participant, <<Staff Title>> asks the caller for his/her name
10. Verify that the participant exists in the program
11. Log into Customer Service System
12. Search for participant by name
13. If participant exists, open participant record
14. Record information about call per in Customer Service System for Consumer Record
15. If participant does not exist in Payroll System, get more information from caller about why they are contacting F/EA
16. <<If the caller states that they are the representative, ask the caller his/her name
17. Ask the caller the name of the participant for whom they are the representative
18. If the representative name matches F/EA records for participant, proceed with call>>
19. <<If the representative name does not match, inform the caller that they are not listed as the representative and that F/EA can only communicate with representatives and consumers
20. Inform the caller to contact the representative or participant
21. If necessary, provide the caller with the name of the representative listed
22. Do not provide additional information to the caller who is neither the representative nor representative>>
23. <<Staff Title>> proceeds with call.
24. Information is provided as applicable
25. If additional research is required, <<Staff Title>> provides caller with an estimated time when <<Staff Title>> will contact caller with research
26. For specific types of calls, see “Respond to Consumer Inquiries” Policy and Procedure document
27. Document caller issue, caller name, and resolution in Customer Service System per Policy and Procedure X.X
2. Collect all applicable information and place call
3. If phone is answered, state: “This is <<name>> from F/EA. Is <<participant or representative>> available?”
4. If participant or representative is available, discuss issue
5. If participant or representative is not available, ask to leave a message with the person who answered the phone
6. If a voicemail system is reached, state:
7. Record the communication in Customer Service System
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
On a daily basis, F/EA Payroll Department identifies discrepancies or errors on timesheets and invoices using applicable systems and manual verification. All timesheets with discrepancies or errors are printed and the problem is noted on the timesheet.
7. Two attempts to contact the participant by phone must be made within the day the discrepancy is identified by Customer Service
8. <<Staff Title>> completes a “Not Paid” template letter from the F/EA Master Copy File
9. All timesheets for which calls have been made or timesheets that have been mailed are placed in a timesheet discrepancy sorter in Customer Service Unit
10. Sorter is reviewed each Tuesday afternoon, Wednesday afternoon and Friday morning
11. <<Staff Title>> opens sorter
12. For each timesheet in sorter, <<Staff Title>> goes to Payroll System to see if the timesheet has been paid yet
13. If timesheet has not yet been paid, keep timesheet in sorter so that it can be verified the next time the sorter is reviewed
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Robust and accurate Customer Service is the crux of F/EA’s services. Customer Service staff answer the F/EA toll-free phone number from <<9A.M to 5PM>> on all State business days. Mail is reviewed daily (See Policy and Procedure document). F/EA Customer Service makes every effort to respond accurately to all participant inquiries either via phone or in writing.
Incoming Calls
4. After retrieving all messages, <<Staff Title>> assigns Customer Service staff to research and respond to each call within the business day
5. <<Staff Title>> auto-filters by “Date Message Retrieved” equal to today’s date and by “Assigned To” to each staff member
6. After making each call, <<Staff Title>> records resolution in Customer Service System (See Policy and Procedure document)
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Outgoing Calls
6. If F/EA staff member who speaks participant’s primary language is not identified <<insert process>>
7. If the participant would benefit from a TTY call, <<Staff Title>> contacts TTY Contractor
8. Resolution of call is documented in Payroll System
4. If F/EA staff member who speaks participant’s primary language is not identified <<insert process>>
5. If the participant is contacting F/EA via the TTY number provided on F/EA communications, <<Staff Title>> will hear the TTY operator say “This is TTY Operator, Opr5xxxxx with a relay call. Do you know how to use relay?”
6. Resolution of call is documented in Customer Service System
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA maintains a log of all communication with consumers and representatives in the Customer Service system. Each call is denoted with a code denoting the nature of the call. Each <<Staff Title>> receives training on the use of phone call log codes. A phone call log codes chart, with code and description, is posted at each <<Staff Title>>’s work area.
4. All other communication with consumers or representatives is recorded
5. Upon making an outbound call or receiving an inbound call, log in to Customer Service System
6. Enter username and password
7. Select a participant by number or name
8. Go to Customer Service Tab and start logging the call.
9. Enter one of the following codes in the “Caller” field for the applicable description covered by the communication being recorded:
Code
|
Description
|
10. In the “Notes” field, first enter a sub-category code:
11. Enter “OG” for an outgoing call
12. Enter “IC” for an inbound call
13. Enter “VM” for a voice message
14. Enter “WI” for a walk-in communication
15. After entering the sub-category code in the “Notes” field, enter as much of the following information as possible:
16. Enter at least the first name of the person with whom communication occurred
17. Enter the nature of the issue
18. Enter the resolution to the issue as applicable
19. Save the note
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA staff never provides tax advice to participants, representatives, workers or other stakeholders. All staff are trained, within 15 days of hire, to not ever provide tax advice to any stakeholders with whom F/EA staff communicate.
3. Advise the caller to contact their tax professional or seek information from one of the following resources:
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
If at any time, F/EA changes a policy that will impact a participant, representative, workers or vendor, consumers/representatives must be informed in writing as soon as the F/EA receives notification of a change in policy or at least 30 days in advance of the implementation date. Consumers need not be informed about policy changes that do not impact their interaction with F/EA, Counselors or their workers and vendors. Written communication regarding a policy change is created and submitted to consumers or representatives by the <<Staff Title>>. All written communication must describe the policy change and it must include an effective date and instructions for complying with the policy.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Mail is delivered to F/EA at <<address>> each day that federal mail is delivered. F/EA receptionist sorts mail. <<Staff Title>> is notified when mail has been sorted and is ready for Customer Service to pick up. <<Staff Title>> assigns staff to pick up F/EA mail from receptionist.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA includes the Complaint and Grievance Policy in each Consumer Welcome Package and the Policy is distributed by Counselors. The F/EA Complaint and Grievance Policy is published so that consumers understand that they have a right to express grievances and that F/EA welcomes reporting of grievances. The Policy outlines the process by which consumers should report complaints and grievances to F/EA and the steps F/EA will take to resolve the complaint or grievance.
The Complaint and Grievance Policy is included in the Consumer Welcome Package distributed to consumers
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Upon receiving communication from participants or representatives, whether via phone, in person or in writing, F/EA <<Staff Title>> determine if the communication must be classified as a complaint or grievance. Staff is trained, within 15 days of employment as a F/EA <<Staff Title>>, on handling complaints and grievances.
Assess Communication and Determine if it is a Complaint or Grievance
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
After recording a complaint, F/EA develops a corrective action plan and responds to the individual submitting the complaint within <<X>> business day(s).
4. After fact-seeking, and on the same day that the complaint is received, <<Staff Title>> notifies <<Staff Title>> and <<Staff Title>>, verbally or in writing, that a complaint has been received
5. <<Staff Title>> schedules meeting with <<Staff Title>>, <<Staff Title>> and applicable Customer Service, Payroll or Billing staff to occur on or within one day of receiving complaint
6. During meeting, all parties review facts as presented by <<Staff Title>> and seek additional facts as necessary
7. After collecting relevant facts, meeting attendees develop a corrective action plan to resolve the participant or representative’s complaint or grievance while maintaining compliance with program rules and regulations
8. <<Staff Title>> drafts a letter that outlines the corrective action plan
9. Corrective action plan must include expected dates of completion for each element in plan
10. <<Staff Title>> calls participant or representative
11. <<Staff Title>> shares with participant or representative F/EA’s corrective action plan to resolve the complaint or grievance
12. <<Staff Title>> records communication in Payroll System per Policy and Procedure document
13. <<Staff Title>> submits written corrective action plan to participant or representative
14. <<Staff Title>> records in Customer Service System per Policy and Procedure that written corrective action plan was submitted to participant
15. Written corrective action plan and fact-seeking document are scanned to participant’s scan folder and maintained for a minimum of 7 years per File Retention Policy
16. If the participant or representative is not satisfied with the corrective action plan, he/she will contact F/EA within 3 business days of receiving the plan in writing
17. <<Staff Title>> will schedule a hearing with a mediator in an effort to resolve the issue to both partys' satisfaction
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
On a monthly basis, <<Staff Title>> reviews complaints received for the month. <<Staff Title>> and other F/EA staff members determine if processes can be improved to minimize complaints and improve services to program stakeholders. Processes that can be improved are reviewed with <<Staff Title>> and Chief Financial Officer as applicable and process changes are implemented.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
F/EA will comply with the Fair Labor Standards Act Home Care Rule announced by the Department of Labor on October 1, 2013 and effective October 13, 2015. The Home Care Rule narrows and clarifies circumstances under which the companionship exemption from minimum wage and overtime may be taken and the live-in exemption from overtime may be taken. In addition, the Rule clarifies the Department's position on joint employment as determined using the economic realities test. The Rule also contains guidance on shared living scenarios.
The guidance on joint employment in particular holds profound implications for self direction programs. If a third party joint employer is found to exist in an employment relationship, the third party joint employer cannot use the companionship exemption nor the live-in exemption.
Due to DOL's joint employment guidance, third party overtime and travel time may have to be paid when a worker is employed by multiple participants in a program, depending on whether a joint employer (e.g., an FMS provider, state, or managed care organization) exists. If so, all hours worked over 40 per work week must be paid at time and a half, with overtime not paid from any participant's budget but by the third party joint employer if the participant was not personally responsible for overtime. For example, Employee Z works for Participant A for 20 hours per week and Employee Z works for Participant B for 25 hours in the same work week. Employee Z travels from one shift for Participant A to another shift for Participant B. 5 hours of overtime must be paid to Employee Z, but not from Participant A or B's budgets. In addition, travel time from Participant A to Participant B must be compensated by the third party joint employer as wages.
Despite not being employers per the IRS's common law test, Fiscal/Employer Agents can be joint employers per DOL's economic realities test.
Procedures are not included at this time because each program's policies and procedures depend on their individual program design and state's response to FLSA compliance.
<<Insert Process to Collect, Verify and Transfer Applicable Records>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
When a participant transfers from F/EA to a new Fiscal/Employer Agent (F/EA), F/EA submits certain tax information to the new F/EA within 10 days of the participant transferring to the new F/EA.
Process to Transfer State Tax Data when a Consumer Transfers from one F/EA to Another within a Calendar Year
Process to Transfer Federal Tax Data when a Consumer Transfers from one F/EA to Another within a Calendar Year
1. F/EA 1 makes deposits to IRS for any FICA withheld throughout year.
2. For any employer-employer who transfers from F/EA 1, F/EA 1 provides F/EA 2 with all information on wages paid to the employer’s workers(s) and federal employer and workers FICA taxes withheld and deposited.
3. F/EA 2 records wages paid to the employer-employer’s workers(s) by F/EA 1. F/EA 2 will include wages paid by F/EA 1 when determining if a employer-employer and his/her workers are eligible for a refund of over collected FICA at the end of the calendar tax year.
4. By November 1st each year, F/EA 2 provides F/EA 1 with a report of wages it has paid and taxes it has deposited for all transferred employer-employers and their workers.
5. After the last payroll in the calendar tax year, F/EA 2 determines if any additional workers transferred from F/EA 1 have been paid wages by F/EA 1 and 2 equal to or in excess of the FICA wage threshold for that calendar tax year or not.
6. For each workers that has not earned wages equal to or in excess of the FICA wage threshold in the calendar tax year for services provided to their employer-employer, both F/EA 1 and 2 determine the total employer and workers share of FICA that was over-collected by each F/EA and that is to be refunded by each F/EA.
7. If the F/EA will operate as an agent in the next calendar year, it has another option for obtaining a refund of over collected FICA that was not deducted from the deposit(s) in the last quarter of the calendar tax year. The F/EA can report the balance of over collected FICA (not obtained from deposit(s) in the last quarter of the calendar tax year) in Box 15 and check the box for “Apply to Next Return” on the 4th quarter IRS Form 941 submitted to the IRS on or before January 31st.
Once the balance of over collected FICA is received by the F/EA, the F/EA then issues the refund of over collected FICA to the applicable employer-employer or State based on the instructions provided by the State self-directed program agency.
8. There may be a case where all IRS Forms 941 have been filed and all FICA has been deposited for employer-employers and workers for a particular calendar tax year, but over collected FICA has not been withheld for refunding. In this case an F/EA must request a refund from the IRS of over collected FICA so it can refund FICA to eligible employer-employer(s) and support service workers. To obtain a refund of over collected FICA, the F/EA can file an IRS Form 941X per IRS Form instructions.
9. Any FICA refund checks that are returned to the F/EA should be reported
per the state’s unclaimed or abandoned property law.
10. When a workers does not receive wages equal to or in excess of the FICA wage threshold, they still can receive an IRS Form W-2. In the case where a employer-employer transfers F/EA in a calendar tax year, the support service workers will receive an IRS Form W-2 from F/EA 1 and F/EA 2. Both F/EAs should report FICA wages paid to the workers on the IRS Form W-2 they prepare and issue, completing the rest of the Form per IRS instructions for agents.
However, it should be noted that currently the Social Security Administration (SSA) will not allow an F/EA to electronically file an IRS Form W-2 if the Form reports FICA wages greater than zero but below the FICA wage threshold. However, F/EAs that file 250 or more Forms W-2 must file electronically or be penalized $50 per Form filed in hardcopy. Discussions currently are underway with IRS to see if SSA will adjust their Form W-2 e-filing rules so as to allow F/EAs to electronically file IRS Forms W-2 that report FICA wages that are greater than zero but below the FICA wage threshold.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
These policies, procedures and internal controls depend on the F/EA's billing processes.
On a weekly basis, <<Staff Title>> produces a claim file for all payrolls processed in the most recent payroll cycle and any claims that were put on hold from a previous payroll cycle. Claims are produced per the format for electronic submission as specified by State/MMIS Provider.
Process will vary based on program rules and F/EA systems.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Claims submitted to <<MMIS/State>> for payments made on behalf of consumers for tax purposes are referred to as service claims.
Post Service Payment to Billing System
<<Process will vary depending on State payment process and F/EA billing system and processes>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
Service Claim Denials are processed within 10 days of an Service Claim payment being posted. The <<Staff Title>> researches each denied claim. Where applicable, the <<Staff Title>> adjusts the claim and resubmits it. The Service Claim Accounts Receivable is updated per denials and resubmissions.
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
After successfully submitting a valid service claim file, the <<Staff Title>> reconciles the recently submitted claim to the Accounts Receivable balance in the billing sub-system. The <<Staff Title>> updates the Billing Control form with the applicable Accounts Receivable values and creates a journal entry template.
Post Service Billing to General Ledger
Post Accruals to General Ledger
<<Insert Process>>
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.
On a <<monthly>> basis, the F/EA submits claims to the program adminstration agency to be reimbursed for the F/EA's work in the program. This is referred to as the "administrative claim." The administrative claim must be submitted by the <<15th day>> of the month following the month being invoiced. <<insert any other policy information for your administrative claim process.>>
<<insert the appropriate procedures for the F/EA's unique administrative claiming process into each of the sections below, or create different sections.>>
Prepare and Validate Administrative Billing Claim
The program administration agency pays administrative claims submitted by the F/EA. <<Insert the policy for that here.>>
<<Insert the procedure for collecting administrative claim payments from the payor.>>
<<Insert internal controls based on the procedure.>>
<<In some cases, an administrative claim may be denied and never receivable and an F/EA will post that never receivable claim to the general ledger in a particular way. Enter the policy for determining if a claim will not ever be receivable and for entering the claim into the General Ledger.>>
<<Insert the procedures for determining if a claim will not ever be receivable and for entering the claim into the General Ledger.>>
<<Insert the internal controls based on the procedure.>>
F/EA notifies Program Administrator in writing within ten calendar days of suspecting a potentially fraudulent situation as defined under 42 CFR 455.2. In addition to F/EA suspecting fraud, F/EA will notify Program Administrator in writing upon receiving a report of alleged fraud from a Counselor, participant, worker or other stakeholder.
4. Open applicable fraud report form from <<File Path>>
5. Complete fraud report form with applicable information
6. In “Subject” check the box for the person that is suspected of fraud
7. In Consumer Information section, enter all applicable information for participant
8. Obtain participant demographic information from Payroll System
9. Obtain Individual Budget information from Payroll System
10. If workers is checked under Subject, enter applicable workers information
11. Worker information can be obtained from Payroll System
12. In Complainant section, enter all information pertaining to person who reported suspected fraud
13. Data can be obtained from entry made for issue in Customer Service System
14. Answer each of the three questions listed on the bottom of the form
15. <<Staff Title>> (or assigned staff) completes Person Completing This Report Section
16. For whatever period reported in the allegation, <<Staff Title>> runs report of participant's payroll history for the same period from Payroll System
The internal controls used by F/EA to monitor this process establish responsibility, segregate duties, document procedures and ensure independent internal verification.