What Is A Personal Services Agreement

The personal service contract is formulated in such a way that it is payable on demand, so that no real money has to change hands immediately. The money can be transferred to the service provider the day before the Medicaid application! If the Medicaid applicant only gave their adult child $50,000, Medicaid would treat that transfer as a gift — and impose a penalty (which could cost the plaintiff tens of thousands of dollars). However, if you transfer $50,000 (if this amount is calculated as fair value, as described below) as payment for care services to be provided under the terms of a personal services contract, Medicaid will not treat that transfer as a gift. The following section explains the procedures for awarding services under a Personal Services Contract (PPE). (b) Agencies may not award personal service contracts unless expressly required by law (e.B.5 U.S.C. 3109). (f) Personal service contracts for the services of individual experts or consultants are limited by the Classification Act. In addition, the Office of Human Resources Management has established requirements that apply to the acquisition of the personal achievements of experts or consultants in this manner (e.g. B, benefits, taxes, conflicts of interest).

Therefore, the contract staff member must carry out the necessary coordination with the competent civilian staff office. A government agency cannot award personal service contracts unless a law authorizes the organization to enter into such contracts. An employee-employer relationship exists under a service contract when the contractor`s personnel are required by contractual terms or administrative means to maintain ongoing control and supervision of government employees or officials. (d) The following descriptive elements should be used as a guide to assess whether a proposed contract is personal in nature or not: People who do practical work for you in your personal life or for your business, but who are not employees, are contractors. They can work from home, at work, from home or in the office. Non-professional personal service providers include personal managers, buyers, assistants, drivers, janitors and pet sitters. Business-related personal service providers include a voice-over person who advertises on the radio and an illustrator who does the covers of your magazines. Personal service contracts require the mandated person to perform the work. For example, if you hire a specific graphic designer to create a logo for your product, they won`t be able to send an apprentice to do the work or complete the project without your permission. Logo design is a common task, but the artist`s style is unique, and that`s the personal service you paid for.

However, it is important to note that the Medicaid Care Agreement does not only apply to residents of nursing homes. Personal service contracts can be used to obtain eligibility for Florida Medicaid Waiver (i.e., Community Medicaid) applicants who need financial assistance to pay for home health care and bills from assisted living facilities. Often, my Medicaid clients live with an adult son or daughter who cooks, cleans, helps with bathing, brings them to doctor`s appointments, etc. These are candidates to the idea who would benefit from using the Personal Service Contract/Family Care Agreement Medicaid planning strategy. In some entertainment industries, personal service contracts are formed with options. Options give the producer the right to extend a contract for several periods. Under option contracts, producers can keep artists for many years or as long as the artists remain profitable. The Personal Service Contract (PSA) is used to tie up funds in connection with all non-employment related contracts for personal services that are required and not issued on an order. .