(3) Services are applied directly to the integral effort of agencies or an organizational subpart in furtherance of assigned function or mission. Also known as a Family Caregiver Agreement, a Personal Services Contract is a popular Medicaid planning strategy. What Are Government Contractor Do's and Don'ts? Therefore, the contracting officer shall effect necessary coordination with the cognizant civilian personnel office. Life expectancy is calculated using the Florida Medicaid life expectancy tables. However, giving an order for a specific article or service, with the right to reject the finished product or result, is not the type of supervision or control that converts an individual who is an independent contractor (such as a contractor employee) into a Government employee. 0000008507 00000 n Acceptable Identification of Goods and Services Manual. "A personal services contract is one resting on the skills, tastes, or science of a party, that is, those contracts wherein personal performance by the promisor is the essence and the duty imposed cannot be done as well by others as by the promisor himself." (6) The inherent nature of the service, or the manner in which it is provided reasonably requires directly or indirectly, Government direction or supervision of contractor employees in order to -. Obtaining personal services by contract, rather than by direct hire, circumvents those laws unless Congress has specifically authorized acquisition of the services by contract. The Civil Service Commission will determine whether the needed services could and/or should be provided by a Civil Service employee rather than a contractor. 0000036852 00000 n The Florida courts stated that Florida home laws mandate nursing homes to offer a little over two hours of actual care for each resident each day, meaning that nursing home residents may spend most of a day without personal care. They may perform work in the following areas: Non-business personal service contracts could include: Personal service contracts mandate that the person hired completes the assigned work. The sporadic, unauthorized supervision of only one of a large number of contractor employees might reasonably be considered not relevant, while relatively continuous Government supervision of a substantial number of contractor employees would have to be taken strongly into account (see (d) below). A personal services contract can come in a variety of forms, but all must include a performance of action instead of a supply of goods.3 min read. A court may enjoin, or prevent, the service provider from providing the same service to another. (1) An employer-employee relationship under a service contract occurs when, as a result of (i) the contract's terms or (ii) the manner of its administration during performance, contractor personnel are subject to the relatively continuous supervision and control of a Government officer or employee. 0000006180 00000 n Contracts are important tools to protect the interests of both parties to business transactions. =�CR:��9���? There are books written about long-distance care giving. However, long-distance caregivers, inherently, will not be able to justify the same number of hours of care as a caregiver who lives with the Medicaid applicant and actually helps with activities of daily living. Money can be transferred to the service provider the day before the elder applies for Medicaid! 227 0 obj <> endobj  The earlier a personal-services contract is signed, the better for Medicaid-planning purposes. Section 37.104. A caregiver may be a family member, but anyone can be a caregiver, with or without experience or training. The personal services contract is “executory” so the caregiving services are to be provided “as needed” to be called in at a later date. While preferable, the caregiver does not necessarily need to live locally. it is income to the caregiver). The less money that can be transferred, penalty-free, to a caregiver, the more we need to rely upon other Medicaid strategies that may not allow for as much money to stay in the family. If you need help with a personal services contract, post your legal need on UpCounsel’s marketplace. This is because of the caregiver agreement is to protect SSI, then a different life expectancy chart must be used as the basis for calculating fair market value of a personal services contract. Individuals who may be retained by a personal service contract include writers, artists, musicians, professional athletes and other professionals with rare skills or talents. Caregivers must keep time sheets to justify money received - DCF will request these timesheets upon application being made and can audit timesheets at any time thereafter. The contract does not necessarily have to be in writing, but a written contract helps to protect both parties. xref A personal services contract can come in a variety of forms, but all must include a performance of action instead of a supply of goods. One special type of contract is a personal services contract. A validly drafted and executed personal services contract can help both Florida SSI and Florida Medicaid recipients maintain or achieve eligibility. No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. 0000037769 00000 n 0000001489 00000 n 0000002893 00000 n 0000005806 00000 n Hire the top business lawyers and save up to 60% on legal fees. A personal services contract retains the services of an individual who possesses skills or talents not easily substituted by someone else. For example, if the celebrity baker in the example decided to breach the contract because of a better offer in New York on the same day, a court may enjoin the celebrity from performing in New York. This is where a personal service contract comes into play. Obtaining personal services by contract, rather than by direct hire, circumvents those laws unless Congress has specifically authorized acquisition of the services by contract. Oftentimes my Medicaid clients are living with an adult son or daughter who is cooking, cleaning, helping to bathe, taking them to doctors appointments, etc... these are idea candidates who would benefit from utilizing the personal services contract / family caregiver agreement Medicaid planning strategy. (d) The following descriptive elements should be used as a guide in assessing whether or not a proposed contract is personal in nature: (2) Principal tools and equipment furnished by the Government. Individuals who may be retained by a personal service contract include writers, artists, musicians, professional athletes and other professionals with rare skills or talents. Contracts. (A) Generally, the D&F should authorize one contract at a time; however, an authorizing official may issue a blanket D&F for classes of contracts. Getting a personal services contract, on the other hand, gets around such laws, unless Congress has authorized the acquisition of such services via contract. 0000006730 00000 n It plays a role between a Medicaid patient and assigned caregiver for various services not covered by skilled personnel. 0000041098 00000 n 0000003036 00000 n Personal Service Contract Variation. ‍Because personal service contracts are non-refundable, the most worrisome major risk of transferring money to a caregiver, in one lump sum, is losing control of the asset: what if the caregiver takes the money and moves to Fiji? 0000004921 00000 n Potential caregivers have to be careful if (a) they themselves are on needs-based government benefits; or (b) the caregiver is on disability (SSI or SSDI) - i.e. 0000002425 00000 n The caregiver is usually a family member, such as an adult child, but it can really be anyone (someone with or without formal care-giving training or experience). It must include an offer, an acceptance of the offer and consideration -- something of value that is exchanged between the parties. 0000038900 00000 n A government agency cannot give personal service contracts unless a statute authorizes the agency to engage in such contracts. The celebrity baker must appear and perform. 0000104481 00000 n The payment for services under a personal service contract is based on the resident’s life expectancy and is made to the caregiver in a lump sum payment up front. No information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. 0000039268 00000 n In fact, this very issue was challenged, and ruled upon (in favor of using the family caregiver agreement) by the 4th District Court of Appeal in Thomas v. Dept of Children & Families, 707 So 2d 954 (Fla.4th DCA 1998). Are the primary equipment and tools furnished via a government agency? The Government is normally required to obtain its employees by direct hire under competitive appointment or other procedures required by the civil service laws. (2) Each contract arrangement must be judged in the light of its own facts and circumstances, the key question always being: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing the contract? Jason is committed to assisting and protecting the most vulnerable members of society, through his substantial legal work with the elderly. 0000021499 00000 n 0000014730 00000 n Also the personal services agreement must be prospective, not retroactive (a caregiver cannot be paid for services previously provided or performed). Also the personal services agreement must be prospective, not retroactive (a caregiver cannot be paid for services previously provided or performed). Obtaining personal services by contract, rather than by direct hire, circumvents those laws unless Congress has specifically authorized acquisition of the services by contract. A personal services contract retains the services of an individual who possesses skills or talents not easily substituted by someone else.