CO-EMPLOYER is when a participant wants to share some of the employer roles and responsibilities with an FMS. While the FMS provider in this model is the employer of record, the participant maintains the ability to hire and terminate employees with input from the FMS provider. The FMS provider maintains the primary employer liability and required insurances. The FMS also assists by verifying provider qualifications and processing payroll.

​

​

​

​

Each participant in the Self-Determination Program must use a regional center vendored Financial Management Services (FMS) provider. There are three types of FMS providers: 1. Bill Payor, this model is used when goods or services are purchased from a business; 2. Co-Employer, this model is used when the participant wants to share some of the employer roles and responsibilities with an FMS and 3. Sole Employer, this model is used when a participant wants to be the direct employer of those providing services. This chart above shows how tasks and responsibilities are divided between you and your FMS provider.

​

Please submit or use applicable forms or links from below:​

• ​Enrollment Form

• Screening Application

• HCBS Setting Assessment Service Codes

• ​HCBS Setting Assessment Tool

• Zero Tolerance Policy

• Employer Burden and Employment-Related Costs

• Service Codes

• What Can or Cannot be Paid and Why

• Purchase Request

• Consumer Grievance Report

• Program Evaluation

​

Goods and Services in Spending Plan/invoice(s) need to be approved by the Federal Center for Medicare and Medicaid services (CMS) and not available through other funding sources such as Medi-Cal, IHSS, schools, etc. so that all payments adhere to the DDS Directive from July 8, 2024, Subject: SDP: Updated Goods and Services, and the January 11, 2019 Directive, Subject: SDP: Individual Budget Development and Spending Plan.

​

Service Codes requiring License or Certification:

• 310/311 - Respite (Individual and Agency): Agency must be vendored and follow licensing regulations.

• 314 - Housing Access Supports: Often requires housing expertise

• 331 - Community Integration Supports: If in a group setting, may need to meet HCBS setting rules.

• 357 - Acupuncture Services: Must be licensed.

• 358 - Personal Emergency Response Systems (PERS): Must meet manufacturer standards.

• 359 - Home Health Aide: Certified.

• 361 - Skilled Nursing: Registered Nurse or Licensed Vocational Nurse. (California law requires that LVNs operate under the direction                          of a licensed physician, registered nurse (including NP), or naturopathic doctor.)

• 364 - Behavioral Intervention Services: Requires Board-Certified Behavior Analyst (BCBA) or qualified professional.

• 369 - Optometric/Optician Services: Licensed.

• 370 - Psychological Services: Licensed psychologists.

• 372 - Speech – Hearing and Language: Licensed/certified.

• 373 - Chiropractic Services: Licensed.

• 374 - Massage Therapy: Certified.

• 375 - Occupational Therapy: Licensed.

• 376 - Physical Therapy: Licensed.

• 612-620 - Behavior Analysis/Assistant/Consultant: Licensed or certified professional.

• 693/694 - Music/Recreational Therapist: Requires national/state registration.

• 321/905-920 - Residential Facilities: Licensed by Dept. of Social Services.

​

​

You are Employer (N/A):

• https://sa.www4.irs.gov/applyein/legalStructure

• https://www.eftps.gov/eftps/

• https://edd.ca.gov/en/payroll_taxes/employers-payroll-tax-account-registration/

• https://portal.scif.com/Ua/Login?returnUrl=https%3A%2F%2Fportal.scif.com%2F

• WC Classification Code Search

• WCIRB Class Codes

​

Your Employees:​​

• Provider Information Form and supporting documents: Copy of License or Certification

• Form I-9 and supporting documents: Copy of ID and SS# card

• Form W-4

• Form DE 4

• Difficulty of Care Income Exclusion

• Payment Form

• Confidential Employment and Personal Reference Survey

• Request For Live Scan Service

• Applicant Information Release

• Criminal Record Statement

• Criminal Background Action Form

• Criminal History Statement Form

• Paid Sick Days Poster (Several cities or municipalities require more than 40 sick hours per year, additional sick hours apply when an employer has more than certain number(s) of employees.)

• Notice to Employee

 

SDP Participant can hire any provider that meets HCBS compliance standards, not just limited to vendors already approved by the regional center.

 

EVV (Electronic Visit Verification) is required for the following service codes within the Self Determination Program:

310- Respite services (CPR & First Aid certificate: https://www.nationalcprfoundation.com/#)
313- Homemaker
320- Community Living Support
359- Home Health Aide
The services below require EVV when provided as home health care services:
361- Skilled Nursing
372- Speech, Hearing, and Language
375- Occupational Therapy
376- Physical Therapy
There is an exception for live-in staff. A live-in staff is identified as an individual who regularly remains in the consumer’s home for more than 24 hours at a time. If a participant has a live-in staff that they would like exempted from EVV, the staff will complete the Live-In Caregiver Attestation Form.

Bill Payer model: Vendor is responsible for EVV compliance

Co Employer model: AFMS is responsible for EVV compliance

Sole Employer model: Participant is responsible but they can also use AFMS's EVV system.

​

Background Check: A provider who provides direct, in-home personal care, excluding family providers living in the same home needs to have fingerprint-based criminal background check. 

https://oag.ca.gov/fingerprints/locations/

• BCIA 8016, Request for Live Scan Service

• DS 229 Criminal Background Action Form

• DS 6014 Criminal Record Statement

• DS 228 Applicant Information Release

Submit completed 4 forms here directly to DDS by Email: sdpbackground@dds.ca.gov

​

Your Vendors:​

• Vendor Information Form and supporting documents: Copy of License or Certification

• Vendor Service Agreement

• Form W-9

• Payment Form

• Vendor Special Incident Report

• RX Error Diagnostic Tool

• Vendor SIR For Consumer Death

​

SIR form(s) links provided here are ELARC's SIR forms. Other Regional Center(s) may use their own SIR form(s) when applicable.

​

​