Fair Labor Standards Act (FLSA)

Q & A´s

October 21, 2015

Q: We are a Fiscal Intermediary contracted to provide CDPAP services, but did not provide services during the period 4/1/15 to 6/30/15, should an application be submitted?

A: If your agency was not operating as a Fiscal Intermediary with a Consumer Directed Personal Assistant Program line of business during the period of 4/1/2015 thru 6/30/15, your agency would be ineligible for funding and an application would not need to be submitted.

Q: My organization received a payment in the original CDPAS FLSA Pool payment program, is a second application needed to be eligible for a second payment?

A: Yes, to be eligible for this payment program a second application must be submitted for the period 4/1/2015 thru 6/30/2015, regardless if an award was previously made.

Q: How do I know if my organization is eligible for funding?

A: Your organization will be eligible for an award from the CDPAS FLSA Payment Pool if your organization was operating as a Fiscal Intermediary and paid wages during the period of 4/1/2015 to 6/30/2015.

Q: My Medicaid Provider ID# is pending, am I still eligible for funding?

A: If your agency was operating a Consumer Directed Personal Assistance Program line of business and provided services during the period of 4/1/15 to 6/30/15, your organization may be eligible for funding.

Q: My organization received funding in the first payment pool and has not used any of the award to date, is my organization eligible for funding in the second payment pool?

A: All Fiscal Intermediaries are encouraged to apply for funding, eligibility of funding will be evaluated based on the data submitted by the Fiscal Intermediary.

Q: My organization encourages CDPAP consumers to staff accordingly to reduce staff working in excess of 40-hours per week. Is my organization eligible for funding?

A: CDPAS FLSA Pool Payments are intended to provide Fiscal Intermediaries with a Consumer Directed Personal Assistance Program line of business with bridge funding to comply with the United States Department of Labor´s Home Care Final Rule. If your organization intends to limit overtime to workers, your organization may not be eligible for funding.