Please note that this message applies only to contractors who have current contracts with Independence Northwest customers.
The new Collective Bargaining Agreement (CBA) between The Service Employees United International (SEIU) and The Oregon Department of Human Services (DHS) eliminates independent contractors as a support option for brokerage customers effective 03.31.2016. (IMPORTANT NOTE: Behavior consultants are not subject to the collective bargaining agreement and should disregard this post unless they also provide PSW supports.)
Existing independent contractors have two options:
- Become PSW Specialists: This is a new designation that is limited to currently-qualified independent contractors. ICs who choose this option will become the employees of customers or customer designates.
- Become Provider Organizations: A provider organization is a business licensed and certified by the state or Oregon.
This post addresses only the process for Independent Contractors who are becoming PSW Specialists.
How do we get from here to there? There are number of moving parts to this transition and there isn’t a lot of time to get it done. The state expects all paperwork to be completed and turned in by 02.02.2016. That doesn’t leave us many working days to get things done. The state’s transmittal covers a lot of ground and I recommend you read it carefully, but please note that it contains a significant error as well as an important omission. In a moment we’ll walk through what steps an IC needs to take to make sure he or she is ready to go when we get to 04.01.2016, but first I want to offer a correction and an amendment to the state’s memo. Understanding these is crucial to making the transition smooth.
Correction to the State’s Transmittal
The state’s transmittal says “If PSW’s existing PEAA and CHC expires after June 30, 2016, a new PEAA and CHC is not necessary. The documents for renewing PEAA and CHC must be submitted at least 55 days prior to the current credentials expiring.”
The problem with this statement is that it’s true ONLY if the IC has been operating his or her business using his or her social security number and has used that social security number on his or her Provider Enrollment Agreement (PEAA) with the state. Any IC who has used a federal tax ID number (FEIN) in lieu of a personal social security number MUST fill out a new PEAA regardless of when their current one expires.
Omission in the State’s Transmittal
Because a PSW Specialist will now be an employee rather than a contractor, a federal form I-9 has to be completed for everyone making the transition. This is a huge deal because the feds require a face to face meeting to complete this form. That means every person making the transition has to make an appointment to see us. The appointments will only take a few minutes each but we have to do a lot of them before February 2nd.
What You Need to Do
- Any IC working with our customers need to fill out a TNT employee packet for each customer with whom you work. You can download the packet here or you can request one from Rachel Kroll in our office. The packet contains the following items:
- Demographic page (Name, address, employer name, etc.)
- 2016 W-4 (IRS form for tax withholding)
- Declaration of Relationship (identifies the relationship between the employer – usually the customer- and you as the employee)
- Direct Deposit form (Yes, you’ll be filling out these yet again.)
- Any IC who has used a Federal Tax Identification Number (FEIN) as a contractor will need to fill out a new PEAA (download one by clicking here.) We have no record of who used a Social Security Number and who used an FEIN on their existing PEAAs and neither the state nor TNT has provided us with a list. If you have ANY doubt about it I strongly suggest you fill a new one out using your SSN. I also strongly suggest you turn your PEAA in to us so that we can keep a record of its submission to the state.
- All ICs need to make an appointment to come by our office so that we can fill out an I-9 with you. Unfortunately the feds (The Department of Homeland Security to be exact) require a face to face meeting for this. There is no way around it. When you come to the meeting you will need to bring either:
- An unexpired passport OR
- An unexpired state-issued ID AND your social security card
- Please note: All documents must be originals. No copies please.
We have a lot of work to do on the customer side but that shouldn’t affect you as a provider. However, we may ask for your assistance if we’re having trouble getting paperwork returned by a customer you see regularly. Customer paperwork also has a 02.02.2016 deadline.
The contact for all these paperwork in our office is Rachel Kroll. You can reach her by phone or email starting on December 31st at 503.546.2950 or firstname.lastname@example.org
Rachel will be available to make appointments starting on December 31st. Please do not delay in calling to make an appointment. Time is of the essence on this project. Anyone who does not have their paperwork turned in by February 2nd may have to quit working starting on April 1st. The state has been very clear that there will be no exceptions.
Ron Spence, Operations Director