Help!

[Guest guest]

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