(a) States may choose to provide financial management services to participants, or their representatives, as applicable, self-directing PAS, with the exception of those participants utilizing the cash option who directly perform those functions, utilizing a financial management entity, through the following arrangements:
- (1) States may use a reporting or subagent through its fiscal intermediary in accordance with section 3504 of the IRS Code and Revenue Procedure 80-4 and Notice 2003-70; or
- (2) States may use a vendor organization that has the capabilities to perform the required tasks in accordance with Section 3504 of the IRS Code and Revenue Procedure 70-6. When private entities furnish financial management services, the procurement method must meet the requirements set forth in 2 CFR 200.317 through 200.327.
(b) States must provide oversight of financial management services by performing the following functions:
- (1) Monitoring and assessing the performance of financial management entity, including assuring the integrity of financial transactions they perform.
- (2) Designating a State entity or entities responsible for this monitoring.
- (3) Determining how frequently financial management entity performance will be assessed.
(c) A financial management entity must provide functions including, but not limited to, the following:
- (1) Collect and process timesheets of the participant's workers.
- (2) Process payroll, withholding, filing and payment of applicable Federal, State and local employment-related taxes and insurance.
- (3) Maintain a separate account for each participant's budget.
- (4) Track and report disbursements and balances of participant funds.
- (5) Process and pay invoices for goods and services approved in the service plan.
- (6) Provide to participants periodic reports of expenditures and the status of the approved service budget.
- (d) States not utilizing a financial management entity must perform the functions listed in paragraph (c) of this section on behalf of participants self-directing PAS, with the exception of those participants utilizing the cash option who directly perform those functions.
- (e) States will be reimbursed for the cost of financial management services, either provided directly or through a financial management entity, at the administrative rate of 50 percent.
[73 FR 57881, Oct. 3, 2008, as amended at 81 FR 3012, Jan. 20, 2016; 89 FR 80070, Oct. 2, 2024]