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Going out for HR? Due diligence is key in selecting a professional employer organization.


While overseas service providers have transformed the meaning of "outsourcing" in our lexicon, for decades businesses have outsourced various job functions to increase efficiency and reduce costs.

Though businesses have outsourced to third-party payroll providers for years, some smaller companies are outsourcing services--such as group benefits purchasing and administration, workers' compensation workers' compensation, payment by employers for some part of the cost of injuries, or in some cases of occupational diseases, received by employees in the course of their work.  compliance and administration, COBRA and HIPAA (Health Insurance Portability & Accountability Act of 1996, Public Law 104-191) Also known as the "Kennedy-Kassebaum Act," this U.S. law protects employees' health insurance coverage when they change or lose their jobs (Title I) and provides standards for patient health,  compliance--to compete with larger employers and offer better benefit packages at lower prices.

DO YOUR DUE DILIGENCE Research; analysis; your homework. This term has caught on in all industries, because it sounds so "wired." Who would want to do analysis or research when they can do due diligence. See wired.  

Following are some tips on what to look for in a professional employer organization A professional employer organization (PEO) provides outsourcing of payroll, workers' compensation, human resources and employee benefits administration. It does this by hiring a client company’s employees, thus becoming their employer of record.  or human resources The fancy word for "people." The human resources department within an organization, years ago known as the "personnel department," manages the administrative aspects of the employees.  outsourcer:

Privacy is king. Use professional literature and state and federal laws to ensure that any outsourcer is providing appropriate security measures Noun 1. security measures - measures taken as a precaution against theft or espionage or sabotage etc.; "military security has been stepped up since the recent uprising"
security
 to safeguard against theft or improper sharing of personal employee data, such as Social Security numbers, banking information and dates of birth. Likewise, compliance with HIPAA requirements guarantees that health-care histories remain protected.

Check client and professional references. Don't just skim the surface, but dig deep:

* Check with the PEO's essential vendors. For example, confirm insurance coverage and ask if the policy is new or has been renewed. Ask the PEO for references from inside their carriers.

* Find out how the PEO's insurance carriers are rated by A.M. Best or other insurance rating organizations.

* Ask for customer references, both from current customers and those who terminated their service. Find out why former customers terminated their service.

* Do a Google search Google is owned by Google, Inc. whose mission statement is to "organize the world's information and make it universally accessible and useful". The largest search engine on the web, Google receives several hundred million queries each day through its various services.  on the PEO and see if anything negative (past fines, pending litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
, etc.) pops up.

Voluntary membership can mean a lot. Check to see if the provider is a member of the National Association of Professional Employer Organizations and is accredited accredited

recognition by an appropriate authority that the performance of a particular institution has satisfied a prestated set of criteria.


accredited herds
cattle herds which have achieved a low level of reactors to, e.g.
 by the Employer Services Assurance Corporation. NAPEO NAPEO National Association of Professional Employer Organizations  membership suggests a company's dedication to high standards and professionalism. ESAC ESAC European Space Astronomy Centre (Madrid, Spain)
ESAC Employer Services Assurance Corporation
ESAC Electronic Shock Absorber Control
ESAC European Study Abroad Center
ESAC Energy Systems Analysis Consortium
, in addition to providing financial stability assurance, offers accreditation for risk management, payroll and benefits administration.

Never overestimate a provider's financial standing. Reminding CPAs to check on a prospective partner or vendor's bank and credit references may seem like preaching to the choir, but no business can afford to overlook this step.

[ILLUSTRATION OMITTED]

Are employee benefits well funded and fully insured? You don't want to find out later that the PEO you're about to engage is not what it appears to be. If a workers' comp or other benefit plan is under-funded or not fully insured, the entire cost of a claim may become your burden or your client's, not the PEO's. Be skeptical; get a guarantee of the various plans' funding in writing and ask for back up documentation.

Does the employee risk pool match your client's profile? A PEO with a homogeneous customer base won't put your client at risk by grouping it with other businesses with higher benefits usage or medical claims costs, sending your rates skyrocketing later. Compare the PEO's average salary base and overall occupational makeup to that of your client's. Are they close? Putting a low-risk customer into a largely high-risk PEO environment may mean they won't get the kind of benefits or services that they expect.

Do qualified employees receive first-day coverage? The good ones offer this. A waiting period for employee benefits is not the best recruiting carrot to dangle dangle Nursing A popular term for the first movement a Pt is allowed, either after surgery under general anesthesia, or 'under local', where the recuperee allows his/her feet to dangle over the side of the bed  during competitive hiring cycles. Also, make sure there is no exclusionary language pertaining to pre-existing conditions or any need for individual underwriting. Otherwise your client may be caught in an embarrasing--and potentially costly--situation if assumed coverage is not provided. Remember these two phrases: "guaranteed issue" and "you get what you pay for."

Does the provider assume compliance liabilities through its contract? A careful reading of the PEO's contract is mandatory. Understand which risks are--and are not--transferred or shared. Some risks can be completely transferred over to the PEO, including payroll timeliness and accuracy; employment taxes, filings and compliance; health plan compliance and filings; health plan remittances; HIPAA compliance; and COBRA compliance. For those, the PEO can and should hold the customer harmless.

Other risks, such as human resources and employment litigation risks, only can be shared--and the contract should make this clear. Be wary of PEO contracts that promise the moon; the reality is that the courts and administrative agencies have established some clear guidelines about risk transfer.

Do the contractual promises have substance? What HR staff does the PEO employ? How are they deployed? What resources are available to the customer? Is there an internal legal department to handle the thorny issues? Are there insurance policies--such as Employment Practices Liability Insurance, Errors and Omissions errors and omissions n. short-hand for malpractice insurance which gives physicians, attorneys, architects, accountants and other professionals coverage for claims by patients and clients for alleged professional errors and omissions which amount to negligence.  Insurance and Directors and Officers Insurance--to back up the promises? Does the PEO cater to your client's service expectations?

A little due diligence now will save you and you client many headaches later.

BY LYLE DEWITT, CPA (Computer Press Association, Landing, NJ) An earlier membership organization founded in 1983 that promoted excellence in computer journalism. Its annual awards honored outstanding examples in print, broadcast and electronic media. The CPA disbanded in 2000.  

Lyle DeWitt, CPA, is vice president of finance at The TriNet Group, a San Leandro-based, nationwide human resources service provider. He can be reached at lyle.dewitt@trinet.com.
COPYRIGHT 2004 California Society of Certified Public Accountants
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:HUMAN RESOURCES
Author:DeWitt, Lyle
Publication:California CPA
Geographic Code:1U9CA
Date:Nov 1, 2004
Words:813
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