Thursday, December 8, 2016

I-9 Changes In Effect

Information About New Form I-9 and Use of E-Verify
USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. The rule, including the new Form I-9, is scheduled to be effective Jan. 17, 2017. 

In 1986, in an effort to control illegal immigration, Congress passed the Immigration Reform and Control Act (IRCA). IRCA forbids employers from knowingly hiring individuals who do not have work authorization in the United States. The employment eligibility verification provisions, and sanctions, of IRCA are found in Section 274A of the Immigration and Nationality Act (INA).

Working in the U.S.

Individuals who may legally work in the United States are:
  • Citizens of the United States
  • Noncitizen nationals of the United States
  • Lawful Permanent Residents
  • Aliens authorized to work
To comply with the employment eligibility verification provisions of the INA an employer must:
  • Verify the identity and employment authorization documents of employees hired after November 6, 1986
  • Complete and retain a Form I-9 for each employee hired after November 6, 1986
  • Refrain from discriminating against individuals on the basis of actual or perceived national origin, citizenship or immigration status
Preventing Discrimination

The anti-discrimination provisions of the INA prohibit four types of unlawful conduct:
  • Citizenship or immigration status discrimination*
  • National origin discrimination*
  • Document abuse during Form I-9 process
  • Retaliation
* Actual or perceived

Form I-9 Requirements

All U.S. employers must have a Form I-9 on file for all current employees.

  • The revised form has a revision date of Nov. 14, 2016 N. Employers will be allowed to use either the current form or the new form through Jan. 21, 2017, after which they must use the revised form.
  • Exception: Employers are not required to have Forms I-9 for employees hired on or before November 6, 1986.
  • You may delegate the authority to complete Form I-9 to a responsible agent, however, you will retain liability for any errors.
Form I-9 Exceptions

You are NOT required to complete Form I-9 for:
  • Casual domestic service employees working in a private household when work is sporadic, irregular or intermittent.
  • Independent contractors for whom you do not set work hours, or provide tools to do the job.
  • Employees working outside the United States.*
* 50 States, District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands
Lists of Acceptable Documents
  • Use MOST CURRENT Form I-9 VERSION, 11/14/16N
  • You must make the Lists of Acceptable Documents available to your EMPLOYEE when he or she is completing the Form I-9
The EMPLOYEE MUST provide:
  • One document from List A
  • One document from List B AND one document from List C
Section 1 of Form I-9: Employee Attestation.
  • All employees must complete Section 1 no later than the first business day of employment for pay.
Preparer/Translator (P/T) Certification
  • This certification is required when Section 1 is prepared by someone other than the employee.
  • Employees must check the first box if they don’t use a preparer or translator.
  • If the first box is checked, no entries can be made in the fields as the check box is equivalent to stating N/A.
  • If the employee uses a P/T, the P/T must check the second box in this section, then choose from the drop-down menu the number of preparers and translators used.
  • If the dropdown indicates more than one P/T, the form automatically generates an extra page to enter up to four more P/Ts
  • P/Ts must sign and date the areas by hand.
  • If the form is being completed on paper, P/Ts may use the supplement on the Form I-9 download page to enter multiple P/Ts.
Section 2: Employer Certification of Document Review
    • Completed by EMPLOYER.
    • MUST be completed no later than 3 business days after the employee begins work for pay.
    • EMPLOYER MUST examine original documents.
    • Documents MUST be UNEXPIRED.
    Section 2: Examining Documents Genuineness and Photocopies
    • You are not required to be a document expert
    • You MUST accept a document presented by an employee if it reasonably appears to be:
    1. Genuine; AND,
    2. Relates to the individual presenting it
    • The document MUST be original* – photocopies are NOT acceptable
    *Exception: Certified copy of a birth certificate

    Section 2: Receipt Rule

    1. A receipt showing that your employee has applied to replace a document that was lost, stolen or damaged.
    • Employee must present a replacement document within 90 days of the hire date.
    2. The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual.
    • Receipt is valid until the expiration date on the stamp, or one year after the issuance date if the stamp does not contain an expiration date.
    • Employee must show you their Permanent Resident Card (I-551) upon Expiration.
    3. The departure portion of the Form I-94/I-94A with a refugee admission stamp or computer-generated printout of From I-94 with admission code “RE”.
    • Employee must present an EAD or List B document and unrestricted Social Security Card within 90 days of the hire date.
    • The receipt must be issued by the originating agency.
    • Receipts are never acceptable if employment will last less than 3 business days.
    Section 2: Copying Documents

    You may choose to make copies of employee documentation presented to you for Section 2.
    • If you choose to photocopy documents, you must do so for ALL employees, regardless of actual or perceived national origin, immigration or citizenship status, or you may be in violation of anti-discrimination laws.
    Section 3: Reverification

    Before January 21, 2017: 
    Previous version of the Form I-9 


    Revised Form I-9

    After January 21, 2017: 

    Revised Form I-9 must be completed
    • You MUST reverify an employee using Section 3 if his or her temporary employment authorization has expired.
    • You MAY also complete Section 3 if you:
    • Rehire the EMPLOYEE within 3 years of the date of initial execution of the Form I-9*
    • Update the biographic information of an employee

    * USCIS recommends completing a new Form I-9 for rehires

    Section 3: When to Reverify

    Do Not Reverify
    • U.S. Passport or Passport Card
    • Permanent Resident Card (Form I-551)
    • List B documents
    Permanent Resident Reverification Exceptions
    • Reverify only if employee presents a Form I-94 with a temporary I-551 stamp, or
    • A foreign passport with a temporary I-551 stamp (on a machine readable immigrant visa (MRIV))
    Usually Reverify
    • When employment authorization document (List A or C) has an expiration date
    Correcting Form I-9: Correcting Mistakes

    If you discover a mistake on Form I-9, correct the existing form OR prepare a new Form I-9:
    • If you choose to correct the existing Form I-9, line out the incorrect portions, enter the correct information, and initial and date the correction.
    • If you do a new Form I-9, retain the old form. You should also attach a short memo to both the new and old Forms I-9 stating the reason for your action.
    Missing Forms: If you discover you are missing the Form I-9 for an employee:
    • Immediately provide the employee with a Form I-9.
    • Allow employee 3 business days to provide acceptable documents.
    • DO NOT backdate the Form I-9.
    Storage and Retention
    • Form I-9 MUST be on file for all current employees.
    • Store Forms I-9 securely in a way that meets your business needs – on site, off-site, storage facility.
    • Store Forms I-9 and document copies together.
    • Ensure that only authorized personnel have access to stored Forms I-9.
    • Make Forms I-9 available within 3 days of an official request for inspection.
    • Ensure that only completed forms containing a signature and date are retained.
    3 years after the date you hire an employee
    1 year after the date employment terminates, whichever is later.
    John Smith was hired on November 1, 2014, and on July 5, 2016, employment was terminated.
    November 1, 2014 + 3 years = November 1, 2017
    July 5, 2016 + 1 year = July 5, 2017
    The retention date is November 1, 2017

    What is E-Verify?
    • Free web-based service that’s fast and easy to use
    • Electronically verifies the employment eligibility of
    • Newly hired employees
    • Existing employees assigned to work on a qualifying federal contract *
    • Partnership between the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA)
    E-Verify Goals
      • Reduce unauthorized employment
      • Minimize verification-related discrimination
      • Be quick and non-burdensome to employers
      • Protect civil liberties and employee privacy
      What is myE-Verify?

      myE-Verify is a new, free web-based service for employees to participate in the E-Verify process.

      • Confirm your work eligibility
      • Create a myE-Verify account
      • Protect your identity
      • Learn about your rights
      Form I-9 Resources

      I-9 Central
      Spanish I-9 Central
      Handbook for Employers - Update Coming Soon!
      Know Your Rights - Employee Rights Quiz

      Examples of documents:
      Additional I-9/E-Verify Customer Service Information:
      Immigration law can be complex and it is not possible to describe every aspect of the process. This article provides basic information to help you become generally familiar with rules and procedures. For more information on the law and regulations please see the USCIS /E-Verify Web site:

      Brought to you by your compliance partner Healthcare Compliance Solutions Inc.
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      Tuesday, December 6, 2016

      Overwhelmed, Underpaid, Stretched Too Thin: The Case of Multi-Office Compliance Administrators

      Managing compliance with multiple offices at different locations can be challenging, but it is possible if done right.

      Rita just finished talking with the Tampa office, as they have been struggling with some compliance issues. She begins drafting her report when the phone rings again. This time it is another issue with a misinterpretation of a compliance issue, but this one is at their office in Atlanta. Rita clarifies the issue and makes notes for her next report that will be done after she has completed the one from the Tampa office. "That's two offices in the last few minutes," Rita says aloud. "As long as I don't hear from the other seven offices I should be alright." At that moment, Rita's phone rings again.

      Being responsible for the compliance regulations (HIPAA, OSHA, Human Resources, and Medicare) at one office is a demanding and time consuming job. Being responsible for all of the compliance regulations at multiple offices is, in all likelihood, overwhelming and ineffective. There are three specific areas that we are going to be reviewing where having a "multi-office Compliance Administrator" is a challenge.

      So Many Duties, So Little Time
      In many offices, the person who is assigned to be responsible for the compliance duties within that office, is also responsible for many other duties that have been assigned. These conflicts often lead to one or more of the person's assigned duties being neglected. Far too often, the duties that are often left neglected within an office turn out to be those duties that the person wants to do the least . . . compliance. Neglecting compliance, even if unintentional, will lead to an increase of liability for the organization as a whole. An adequate amount of time needs to be accounted for in order for the assigned person to be able to protect the organization by being effective in their compliance duties.

      Compliance Representation

      Even in a multi-office structure, it is essential to have compliance representation for each individual office. Examples of compliance representation include:

      • Office specific compliance policies and procedures
      • Compliance forms identified for each individual office
      • Subject matter expert (SME) at each location as the go-to person for compliance questions or patient concerns
      Compliance and Employee Awareness
      Being aware of what is happening within each individual office is a big challenge for multi-office Compliance Administrators. However, this is the most important factor in determining the success for failure of a compliance program.
      • Needs and Circumstances - Each office has its own uniqueness in terms of compliance needs, focus, and circumstances. For example, restricted access areas within the office might be a huge issue at one office. Where as, verbal protected health information (PHI) exposure could be a concern at a different location. Each office is unique and has its own challenges. One office could have a ramp safety issue and another office could be facing IT security issues. Each office is unique and should be treated as such.
      • Employees - Do you know what your employees are doing and saying when it comes to compliance? This is the biggest liability challenge for any organization. Having the ability to identify and quickly correct any possible compliance issue brought on by your employees lack of understanding or poor attitude, is a big difference maker for any compliance program. This goes a long way to creating the all too important culture of compliance within any healthcare office. Lacking employee awareness will leave your organization open to compliance issues and liability. It is also the quickest way for the multi-office Compliance Administrator to have an involuntary job change.
      Can one person be the multi-office Compliance Administrator? The answer is, yes. If one person wants to be responsible for the compliance of the entire organization, they can do that, but they need to ensure that they have the following at each location:
      • Written and customized policies and procedures
      • Customized compliance material (forms, Business Associate Agreements, etc.)
      • Compliance Representative/SME
      Having an effective compliance program and developing a culture of compliance within each healthcare office can be achieved. However, having one person trying to do all of the compliance program themselves for multiple healthcare offices is not the sign of a hard worker. It is a risky course to take that is laden with pitfalls and unnecessary liability.

      Take a moment to review your current compliance situation. Ask yourself, "is my current compliance program protecting the organization or putting it at risk?" Could your current compliance program be better based on the needs of your organization and its individual offices? We can all do better improving our compliance efforts and meeting the needs of the organization. Rita has begun reviewing her compliance situation, maybe its time to review yours as well.

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