Re: Help!

January 23, 2012

i use the same company as well and the are great. I would talk to wfc because

i think you can file a suit/claim against your company. Either way you have to

pay what is owed but they will work with you

Help!

Dear Listmates,

About a year ago we switched to the CDS option for the MDCP. I was given a

list of home health agencies to choose, and I decided to choose from those

closest to our home. We chose Agape Home Health Care in Mesquite.

This option is where the parent bec

January 23, 2012

Hi Haven. No, I haven't used Agape, but we had the same exact problem with another agency - H & H. I called them to ask them where my quarterly reports were, and they never provided them. I then told them I would file a complaint. They prepared some reports for me, but it was apparent to me that they had not been paying payroll taxes on a quarterly basis! I quickly changed to another agency that does things by the book - Astrocare.

If your budget stayed the same, there should be no reason for them to try to decrease your employees' hourly wage. It's hard to believe that these agencies could "forget" to pay taxes. I wonder if the DA's office would get involved... or, better yet, the IRS?

I'm so sorry about your brother.

Geraldine

Help!

Dear Listmates,About a year ago we switched to the CDS option for the MDCP. I was given a list of home health agencies to choose, and I decided to choose from those closest to our home. We chose Agape Home Health Care in Mesquite.This option is where the parent becomes the employer and the agency is responsible for doing payroll, sending taxes, and filling out and sending in reports required by the state. The parent hires and fires, trains and that sort of thing.Imagine my surprise when I was contacted by the Texas work Force Commission concerning the fact that no quarterly reports had been filed with the state and no unemployment tax had been paid by Agape on my behalf. they get a fee for this service.In addition, when we first went with them, we sat down and worked out a budget and our attendant would receive X dollars an hour. When the budget cuts came, I asked to file an appeal and worked that out and our services were not cut, but AGAPE then sends us notice that it will be paying the attendant about a dollar less an hour. This does not make sense since the budget remained the same.Since October, I have been harassed by the Texas Work force Commission. I have talked with Agape several times. They would say they are taking care of it, but then the work force would contact me or send what I feel are threatening notices, and the Work Force Commission would say Agape has done NOTHING since October to remedy the situation.I called the Attorney General's office who referred me to DADS, and then I filed a complaint against Agape for not taking care of this as they should.I also contacted a local investigative reporter, but did not hear back from her.Now I have been SUMMONED to appear before a workforce investigator or some such on this Thursday afternoon at the same time as my brother's funeral! I am going to call to morrow and try to get the time changed, but what good is it going to do me to got here? They say I am to bring all records -- I don't have the records as Agape has them.I have talked and been nice and then been not so nice with Agape, and they have failed in their duty. What to do? Like I needed more problems!I am in the process of trying to find another home health agency, but at this point I am ready to get of CDS option, but then we will lose our attendant from the less money they get paid if you are not on CDS.Has anyone else here used Agape? Is there anyone who can tell me how to get this agency to do what they were contractually obligated to do?I am at my wits end. The WFC says I am ultimately responsible for the payment of those taxes since I am legally listed as the employer, but Agape was supposed to budget that in to the expenses and take care of it. We have no money and live pay check to pay check. I am now afraid the state will come in and freeze our assets (what little we have), which is only enough to pay our bills.Any advice would be appreciated.Haven

January 23, 2012

After the mess gets all figured out I would suggest switching to In Home Attendant Services for your CDS services. They are in Houston but it doesn't matter where you live. I have never had a problem with them and the owners are on top of things. In the meantime, with CDS you are the employer of record so you ultimately are resposible for taxes, etc so you will have to hold them accountable for not doing what they were supposed to as a CDSA.

-----Original Message-----From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of hdelay@...Sent: Monday, January 23, 2012 10:04 PMTo: Texas-Autism-Advocacy Subject: Help!

Dear Listmates,About a year ago we switched to the CDS option for the MDCP. I was given a list of home health agencies to choose, and I decided to choose from those closest to our home. We chose Agape Home Health Care in Mesquite.This option is where the parent becomes the employer and the agency is responsible for doing payroll, sending taxes, and filling out and sending in reports required by the state. The parent hires and fires, trains and that sort of thing.Imagine my surprise when I was contacted by the Texas work Force Commission concerning the fact that no quarterly reports had been filed with the state and no unemployment tax had been paid by Agape on my behalf. they get a fee for this service.In addition, when we first went with them, we sat down and worked out a budget and our attendant would receive X dollars an hour. When the budget cuts came, I asked to file an appeal and worked that out and our services were not cut, but AGAPE then sends us notice that it will be paying the attendant about a dollar less an hour. This does not make sense since the budget remained the same.Since October, I have been harassed by the Texas Work force Commission. I have talked with Agape several times. They would say they are taking care of it, but then the work force would contact me or send what I feel are threatening notices, and the Work Force Commission would say Agape has done NOTHING since October to remedy the situation.I called the Attorney General's office who referred me to DADS, and then I filed a complaint against Agape for not taking care of this as they should.I also contacted a local investigative reporter, but did not hear back from her.Now I have been SUMMONED to appear before a workforce investigator or some such on this Thursday afternoon at the same time as my brother's funeral! I am going to call to morrow and try to get the time changed, but what good is it going to do me to got here? They say I am to bring all records -- I don't have the records as Agape has them.I have talked and been nice and then been not so nice with Agape, and they have failed in their duty. What to do? Like I needed more problems!I am in the process of trying to find another home health agency, but at this point I am ready to get of CDS option, but then we will lose our attendant from the less money they get paid if you are not on CDS.Has anyone else here used Agape? Is there anyone who can tell me how to get this agency to do what they were contractually obligated to do?I am at my wits end. The WFC says I am ultimately responsible for the payment of those taxes since I am legally listed as the employer, but Agape was supposed to budget that in to the expenses and take care of it. We have no money and live pay check to pay check. I am now afraid the state will come in and freeze our assets (what little we have), which is only enough to pay our bills.Any advice would be appreciated.Haven

January 24, 2012

I use Disability Services of the Southwest out of San . They

send me quarterly reports and copies of the checks for my employees.

There I can see how much is taken out for taxes.

What a mess! Have you spoken to anyone at the TWC about how to proceed

legally? How did your employees not figure out that nothing was being

taken out of their checks? They should have known the hourly amount

was not the entire check that something would have had to been have

taken out. You could ask them to help pay the taxes I think and see

what they say? This is so scary when you trust a company to do their

job so you can do yours and they fail so miserably. Try going to speak

with them in person. Take your son.

> Hi Haven. No, I haven't used Agape, but we had the same exact problem with

> another agency - H & H. I called them to ask them where my quarterly reports

> were, and they never provided them. I then told them I would file a

> complaint. They prepared some reports for me, but it was apparent to me

> that they had not been paying payroll taxes on a quarterly basis! I quickly

> changed to another agency that does things by the book - Astrocare.

>

> If your budget stayed the same, there should be no reason for them to try to

> decrease your employees' hourly wage. It's hard to believe that these

> agencies could " forget " to pay taxes. I wonder if the DA's office would get

> involved... or, better yet, the IRS?

>

> I'm so sorry about your brother.

>

> Geraldine

>

> Help!

>

> Dear Listmates,

>

> About a year ago we switched to the CDS option for the MDCP. I was given a

> list of home health agencies to choose, and I decided to choose from those

> closest to our home. We chose Agape Home Health Care in Mesquite.

>

> This option is where the parent becomes the employer and the agency is

> responsible for doing payroll, sending taxes, and filling out and sending in

> reports required by the state. The parent hires and fires, trains and that

> sort of thing.

>

> Imagine my surprise when I was contacted by the Texas work Force

> Commission concerning the fact that no quarterly reports had been filed with

> the state and no unemployment tax had been paid by Agape on my behalf. they

> get a fee for this service.

>

> In addition, when we first went with them, we sat down and worked out a

> budget and our attendant would receive X dollars an hour. When the budget

> cuts came, I asked to file an appeal and worked that out and our services

> were not cut, but AGAPE then sends us notice that it will be paying the

> attendant about a dollar less an hour. This does not make sense since the

> budget remained the same.

>

> Since October, I have been harassed by the Texas Work force Commission. I

> have talked with Agape several times. They would say they are taking care of

> it, but then the work force would contact me or send what I feel are

> threatening notices, and the Work Force Commission would say Agape has done

> NOTHING since October to remedy the situation.

>

> I called the Attorney General's office who referred me to DADS, and then I

> filed a complaint against Agape for not taking care of this as they should.

>

> I also contacted a local investigative reporter, but did not hear back

> from her.

>

> Now I have been SUMMONED to appear before a workforce investigator or some

> such on this Thursday afternoon at the same time as my brother's funeral! I

> am going to call to morrow and try to get the time changed, but what good is

> it going to do me to got here? They say I am to bring all records -- I don't

> have the records as Agape has them.

>

> I have talked and been nice and then been not so nice with Agape, and they

> have failed in their duty. What to do? Like I needed more problems!

>

> I am in the process of trying to find another home health agency, but at

> this point I am ready to get of CDS option, but then we will lose our

> attendant from the less money they get paid if you are not on CDS.

>

> Has anyone else here used Agape? Is there anyone who can tell me how to

> get this agency to do what they were contractually obligated to do?

>

> I am at my wits end. The WFC says I am ultimately responsible for the

> payment of those taxes since I am legally listed as the employer, but Agape

> was supposed to budget that in to the expenses and take care of it. We have

> no money and live pay check to pay check. I am now afraid the state will

> come in and freeze our assets (what little we have), which is only enough to

> pay our bills.

>

> Any advice would be appreciated.

>

> Haven

>

January 24, 2012

I have spoken with Agape several times -- on the phone and in person. That has only gotten me false promises.You tell me, if this started back in October, and they say they are taking care of it and the WFC is aware, but now it is the end of January and last year's reports still haven't been done..... What am I supposed to think, especially when I then talk to the WFC and they say they've not heard a word from them. Then Agape says they did it but they did it wrong? How do you have a home health agency and not know how to do required state forms and payment of taxes????

This is non-payment of unemployment taxes not federal income taxes or FICA. Employers must pay the unemployment tax, but this tax is supposed to come out of your budget. Yes, the state TAXES employers for giving people a job. This is how people who wind up unemployed get to collect unemployment.

I think this is a stupid way of doing it, of course. As usual, a small group of people get taxed while all enjoy its benefits if need be. It is just like the property tax, which funds schools and roads etc..... Property owners bear the burden, but ALL get to reap the benefits, except senior citizens who just have the burden and little benefit. This also means that you have to pay property taxes on each and every piece of property you own, so you get penalized for being a property owner and in truth you NEVER REALLY OWN anything. You have to keep paying until you die or sell, which ever comes first. If you don't pay, the county/state takes YOUR land and sells it at auction. And I keep trying to find America and democracy in all this........

IMO these types of taxes should be tied to sales (sales tax) becasue EVERYBODY BUYS stuff. This way most people share the burden. It sickens me that I cannot do ONE THING to IMPROVE my property or they will come and raise my taxes. We are about to have a new roof put on our house due to a lot of storm damage last year. It has to be done, but then the county is going to come and raise our taxes becasue we did the responsible thing.

I should be governor or you Trina. Maybe that is the only way to change things. For sure I would support the Rush Act guaranteeing medical freedom in this state.I am just so mad about these people not living up to their agreement. Since what happened to my son, it is hard to trust, and this just furthers that problem.

I thought filing a complaint with DADS would alleviate the problem, but obviously that has done no good.The really FUNNY part in all this is they just sent me a Patient Satisfaction Survey that says, " We want to insure they we continue to provide quality care " and they want me to rate their service. Hahahahahahahah!

Haven

January 24, 2012

Hi Haven, Im sorry you are dealing with this. I opted for the CDS option. I

went with DSSW. They seem to be doing everything they are supposed to.

Make sure you keep track of all the inquiries you made to them. Dates, times

and who you spoke with. You need to start contacting them certified mail with a

letter stating the inquiries you have made to them & what the issues are.

Hope your situation gets resolved.

Marci

>

> I have spoken with Agape several times -- on the phone and in person. That

> has only gotten me false promises.

>

> You tell me, if this started back in October, and they say they are taking

> care of it and the WFC is aware, but now it is the end of January and last

> year's reports still haven't been done..... What am I supposed to think,

> especially when I then talk to the WFC and they say they've not heard a

> word from them. Then Agape says they did it but they did it wrong? How do

> you have a home health agency and not know how to do required state forms

> and payment of taxes????

>

> This is non-payment of unemployment taxes not federal income taxes or

> FICA. Employers must pay the unemployment tax, but this tax is supposed to

> come out of your budget. Yes, the state TAXES employers for giving people a

> job. This is how people who wind up unemployed get to collect unemployment.

>

> I think this is a stupid way of doing it, of course. As usual, a small

> group of people get taxed while all enjoy its benefits if need be. It is

> just like the property tax, which funds schools and roads etc.....

> Property owners bear the burden, but ALL get to reap the benefits, except

> senior citizens who just have the burden and little benefit. This also

> means that you have to pay property taxes on each and every piece of

> property you own, so you get penalized for being a property owner and in

> truth you NEVER REALLY OWN anything. You have to keep paying until you die

> or sell, which ever comes first. If you don't pay, the county/state takes

> YOUR land and sells it at auction. And I keep trying to find America and

> democracy in all this........

>

> IMO these types of taxes should be tied to sales (sales tax) becasue

> EVERYBODY BUYS stuff. This way most people share the burden. It sickens

> me that I cannot do ONE THING to IMPROVE my property or they will come and

> raise my taxes. We are about to have a new roof put on our house due to a

> lot of storm damage last year. It has to be done, but then the county is

> going to come and raise our taxes becasue we did the responsible thing.

>

> I should be governor or you Trina. Maybe that is the only way to change

> things. For sure I would support the Rush Act guaranteeing

> medical freedom in this state.

>

> I am just so mad about these people not living up to their agreement.

> Since what happened to my son, it is hard to trust, and this just furthers

> that problem.

>

> I thought filing a complaint with DADS would alleviate the problem, but

> obviously that has done no good.

>

> The really FUNNY part in all this is they just sent me a Patient

> Satisfaction Survey that says, " We want to insure they we continue to

> provide quality care " and they want me to rate their service.

> Hahahahahahahah!

>

> Haven

>

January 24, 2012

Haven,

This is Sandy from Kaufman and I agree With Marci because I deal with DSSW also but my son is on the CLASS program. I must say that in over the 3 yrs I have been with them I have never have any problems with them whatsover and they are quick to respond to any questions or issues I ever needed help with. I have not had a problem with employee turnover either because I have had the same person all along. Good Luck and hope you get this resolved.

Sandy

Noah's Mom

Re: Help!

Hi Haven, Im sorry you are dealing with this. I opted for the CDS option. I went with DSSW. They seem to be doing everything they are supposed to.

Make sure you keep track of all the inquiries you made to them. Dates, times and who you spoke with. You need to start contacting them certified mail with a letter stating the inquiries you have made to them & what the issues are.