8.2: Helping Clients Understand FMSs

Helping participants understand what FMSs do

Explaining Responsibilities and Employer Burden

When explaining these models to prospective participants, IFs should emphasize the following:

• If it’s in the IPP…: If a service or support has been included in the IPP, the FMS must pay for it. Creating “shadow rules” or reacting to updates in the program’s administration do not lead directly to changes in how they are paid.
• IFs are not the choice-maker: We all probably have favorite vendors, favorite providers, and favorite regional centers. This does not mean we get to guide, direct, or cajole the people we serve to pick certain providers, including FMS's. If a participant insists on working with an FMS that you do not want to work with, you always have the choice to help them find an IF who better aligns with their needs and wishes.
• Employer Burden: If a participant chooses to hire employees (Co-Employer or Sole Employer), they must understand that mandatory costs—such as payroll taxes, workers’ compensation insurance, unemployment insurance, and paid sick leave—are paid directly from their individual budget. This looks slightly different between the co-employer and sole employer models. Make sure the spending plan reflects all of the requirements to ensure the participant is following California Labor Law. And remember that each FMS has different ways of providing these required services.
• Participant Control: Regardless of the model, the participant remains the decision-maker regarding who provides the services, when they are provided, and how they are supervised. The sole-employer models supports this control with the most autonomy. In the co-employer model, the participant shares responsibility with the participant, so they get to have a say in the employment portion of SDP.
• The Payment Approval Process: Participants are responsible for reviewing and approving all provider invoices or employee timecards before the FMS can release payment. Make sure the participant has communicated with the FMS about how their processes work prior to entering SDP.
• How to Choose an FMS: Participants should choose an FMS that serves their specific regional center and supports the types of services outlined in their draft spending plan.

Suggestions to find recommendations on FMSs

In addition to word of mouth recommendations from other participants, check with the providers in your spending plan. Ask them if they are currently accepting SDP funds. Then ask them which FMSs are the easiest to work with. Happy Providers; Happy Life. We want every provider supporting people served in SDP to be thrilled with their experience and interaction with the program.

DDS FMS List

The Department of Developmental Services maintains an SDP website where the FMSs are listed in two ways:

1. FMS lists by regional center and
2. All possible FMSs.

Soon, all FMS vendorization will be housed at San Diego Regional Center, so that could improve the FMS communication and standardize some of FMS practices and procedures. However, as of publication, this change has not been finalized.

Other information you can find on the Department’s FMS webpage includes:

• FMS information in different languages
• Links to Program Directives
• Explanation of Employer Burdens, how much they are, and what costs are included in the price

If the FMS you want to use is not working with your regional center yet, you can reach out to them to see if they would be willing to add your regional center to their areas served.

Participants must choose one of three models based on whether they intend to hire employees or use businesses.

Understanding the Three FMS Models

three FMS models with description and key responsibilities

Model	Description and Use Case	Key Responsibilities
Bill Payer	Best for those using local businesses or agencies only. Cannot be used to hire direct employees.	The FMS pays service providers directly after the participant reviews and approves their invoices.
Co-Employer	Used when hiring staff. The participant and FMS share employer responsibilities.	The participant recruits, schedules, and supervises staff, while the FMS handles payroll, taxes, and insurance.
Sole Employer	The participant is the sole "Employer of Record" and has the most responsibility.	The participant must obtain an Employer Identification Number (EIN) and handle all legal employer paperwork, though the FMS still processes the actual payments. Different FMSes provide varying levels of support for this area. Make sure to deeply research what is needed at the FMS you choose.

Deeper thinking about FMSs

Choose one FMS you are currently unfamiliar with. Explore their webpage and find as much information about their services as you can. Keep track of the URLs (copy and paste them somewhere) so you can share this with IF colleagues in the online discussion. Make a list of possible questions you want to answer before you head to the FMS's website.

As you explore the website, think about these questions and additional questions you want to explore:

• What is important to ask an FMS?
• As you explore FMS websites, check and see which questions are answered on their webpage.
• Find their FAQ page.
• What is the FMS missing from the FAQs?
• Is the regional center vendor number easy to find? (You need this for a spending plan.)
• Are their California support hours easy to find?