MassHealth Customer Service,
Thank you for your response of May 30. It has clarified some of my concerns.
To reconfirm my understanding, regarding 408.434(A)(4) - "employ or independently contract with an AFC caregiver.", your answer "The language is meant to give the AFC provider the flexibility to either hire a caregiver as an employee of the AFC provider, or to pay caregivers on an individual basis as a non-employee." and "The reason for the agreement in this circumstance is to solidify the responsibilities of the caregiver." means that 408.434(A(4) is not meant to be interpreted solely as a Labor contract with either an employee or an "Independent Contractor", and that there is nothing in the regulations that would interfere with the AFC provider independently contracting with a volunteer. The ambiguity of 408.434(A)(4) has caused much trouble in the past, and it is important to me that certain parties become aware of the correct intent of the regulation. Rest assured that I am not using the term volunteer as indicating an optional adherence to regulations. I understand that there are no exceptions, even when they are in direct opposition to the best interests of the AFC client. I use the term only in respect to Labor definitions. It is true that I am paid a stipend, but as this is a token amount (in fact, currently much less than 20% of what it would cost to pay an employee to provide the same services) it does not conflict with the definition of volunteer in terms of Labor laws.
As I mentioned previously, I am interested in current regulations regarding level I payment rates.
Please let me know where interested parties can direct any questions regarding the interpretation of 408.434(A)(4). And again I ask, please, where can I find the regulations regarding level I payment rates?
Thanks,
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3 Comments
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We are currently researching your issue regarding current regulations level I payment rates. You can expect to receive an updated response regarding this matter by the end of the day.
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MassHealth Customer Service
The caregiver would in this case have an independent agreement with the AFC provider indicating what they are paid if anything. Regardless of what the 'volunteer' is paid, they are required to meet all the caregiver requirements.
The MassHealth AFC regulations do not reference labor laws, nor do they require a caregiver to be paid. As a result, you should seek legal advice if you are concerned about what you will be paid on a volunteer basis.
AFC Rates are not in regulation form at this time. The AFC rates paid to the AFC provider are as follows:
Level 1 $37.75*
Level II $82.02
Alternative Placement $25.08
Intake and Assessment $239.25
*Level I rates were originally provider specific in March 2003, MassHealth began paying the class rate noted above. AFC Providers who were approved prior to March 2003 may have rates slightly higher than the rate above, but were held harmless until all other AFC provider rates either became equal or surpassed this rate.
Any caregiver seeking guidance on how these rates are paid can consult the regulations or their AFC Provider.
Please let us know if we can be of any further assistance.
MassHealth Customer Service