ARTICLE
Members continue to notify us each day of calls from FSSA audit staff. The calls appear to center around how the agency is implementing the pass through requirements of the legislation. Members are describing increases in hourly rates or bonus compensation or a combination of these methodologies. Folks are also being ask to submit “the template” being used to track compliance. In every case so far, members have simply provided the DSP wage verification form developed by INARF in coordination with FSSA audit. So far, there does NOT appear to be any significant issues from members or FSSA audit relative to providers who intend on using the approved form from the DDRS website. However, FSSA will be taking a deeper dive after the first six months and they may focus on those who indicated they were not intending on using the form. FSSA has indicated that any findings from these first reviews will be educational at this point. However, this will not absolve any providers from potentially owing back moneys for the period ended June 30, 2018 for overpayments due to underpayment of DSPs or adverse future audit findings. Based on the feedback thus far, those agencies who tell the auditors that they are using a “discretionary bonus” as a part of their pass through are the ones who are having the most discussion and questions during these calls. Based on discussions with members, it is our belief that members are primarily using non-discretionary bonus compensation meaning the bonus will be paid so long as the pre-determined criteria are met. (e.g. A bonus of a certain dollar amount for working all hours in a schedule, bonuses paid on a monthly basis for being employed on the first of each month, etc.) We would appreciate hearing from members who are contacted by FSSA audit on this issue.