If I am contracted to get paid to care for my mom, and my pay is suspended, does that not mean my contract is suspended?

2 views 3 answers
I am an independent provider caregiver for my mom, contracted with WA State DSHS. I was being paid for 13 months, when they discovered my background check had not been completed.They claim I did not complete my fingerprinting in the designated 120 days from singing my contract. DSHS was scrambling to cover the fact that they had paid a caregiver for a vulnerable adult, for 13 months without a BC. I had very strong evidence it was their fault, and I had completed my fingerprinting. A DSHS manager handed me an appeal form to just sign, date, and give back, saying I had to act fast or lose the appeal right. She listed my mom as the appellant, limited to appeal only if IP contract was suspended or revoked. Since I am the client's daughter, and only contracted to care for her, they did not HAVE to formally suspend my contract, as they would IP's who work for non relatives. They won with the argument in the hearing. I was not informed of my mom's appeal limitations, or given the option to appeal myself. It was obvious in the hearing tape, I did not understand this argument. And I feel I was coerced into signing the appeal form under duress by the DSHS manager, to make sure I would not be successful. In the finding it states that the judge must decide if a right to a hearing exists. Why did she not explain it since she knew I could not get my pay reimbursed? Also, it states I had to complete the finger printing to become an Independent Provider. Since I had not done that, did I ever HAVE a valid contract? Would that benefit or hurt me? Thank you.

Attorney Answers

3
Alyson Fudge ·
The next time you enter into a contract with a government agency, please have an attorney who works for you review it and answer your questions. Now that this case has been decided by a Judge, the issues are moot unless you want to hire an Appellate Attorney to appeal to the next level. That may or may not be possible, depending on the rules of your state. If the Judge's decision was rendered relatively recently, I would run, not walk, to an attorney to see what your options are. If the opinion was signed more than 40 days ago, it is likely too late to do anything other than chalk it up as being a life-lesson learned. Please remember that our government saves money by finding reasons to not pay benefits, so legal counsel is always a good idea. The caseworkers are not really paid to help you--they are paid to decline claims.
0 upvotes
Richard Gregorek ·
As the previous attorney said, run to see an elder law attorney. The appeals process is very structured. You didn't mention how your mom is being cared for in your question. Elder law as a practice area for attorneys is a very challenging one. It is my recommendation for all those involved with caring for an aging family member to have a consultation with an elder law attorney so you understand the rules and don't make a mistake. Remember the old saying, Ignorance of the law is no excuse? In Elder law, small things can often times become big things when the rules are not strictly complied with by the family caregivers.
0 upvotes