Employer of Record (EOR)
Role of the EOR
The Employer of Record (EOR) is the person who performs the functions of the employer in the consumer-directed model of service delivery. The EOR may be the person enrolled in the waiver, a family member of the person, an unpaid caregiver, or another person in an unpaid role. Please note: the EOR cannot be paid to direct care and cannot be the paid attendant.
For each person receiving Consumer-Directed (CD) servicesServices where the person using them is allowed to select, hire, fire, and train their particular caregiver(s). More, there must be an EOR. This person is considered the employer of the attendants providing care/supports for the person. An EOR must be at least 18 years old. A parent or other responsible party must act as the EOR for a child under the age of 18. In many cases, the EOR is the person receiving services. In other cases, the EOR is a person designated by the person receiving services to act as the employer. The EOR can only serve on behalf of one person. The only exception when an EOR can serve multiple people is if the people receiving CD services reside at the same address. The EOR is the person who will sign tax paperwork, manage attendants, and sign timesheets. EORs must be oriented and able to manage the following duties:
- Recruiting, interviewing, hiring, training, directing and supervising all attendants;
- Firing an attendant, if necessary;
- Making schedules and tasks to be completed by each attendant;
- Managing and evaluating the work of each attendant;
- Keeping track of the services provided by the attendant; and
- Establishing a system for signing and submitting timesheets to the Fiscal Employer Agent (F/EA) on a timely basis.
Responsibilities of an EOR
A person must be screened and approved for one of Virginia’s Medicaid Waivers (CCC Plus, Community Living, or Family & Individual Supports).
When a Person/EOR selects Consumer-Directed Services, they must also choose a Services Facilitator (SFA Medicaid-enrolled provider who supports eligible people, and sometimes their families, in properly using consumer-directed services. More) for the Consumer-Directed Model of Service Delivery. When choosing CD services, as the employer, the EOR incurs all responsibilities of an employer. It is important that the EOR understand all that is required of an employer.
The process for establishing Consumer-Directed Services begins with a Comprehensive visit with an SF. During the comprehensive visit, the SF will ask questions about the service needs and preferences and will work together with the person to develop a person centered service plan that includes the types and amounts of services to be needed. The SF will train the EOR on hiring, supervising, training, and firing attendants during the comprehensive visit.
The EOR must enroll with the F/EA before services can begin. The EOR selects, interviews, and hires the attendant(s). The attendant must fully complete an application for the person’s respective F/EA and the packet must be successfully processed before the attendant can begin work. IMPORTANT: The attendant will not be paid for services provided until all information is received and processed by the F/EA and a service authorization has been approved.
The EOR must train the attendants and provide feedback as appropriate on timesheets. Every two weeks, timesheets will be due to the F/EA. The person must be present and the EOR must make arrangements for follow up visits with the SF.
Changing an EOR
- MySupport Virginia
- My Choice 4 Care: Available for Consumer-Directed attendants. This allows you to search for attendants, as well as look for work as an attendant.
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