This amendment eliminates the authorization and funding contained in the introduced budget for the Department of Medical Assistance Services to pay overtime compensation to consumer directed attendants in the Medicaid waivers. Agency-directed care is not paid additional funding for overtime costs so this amendment maintains parity and ensures a level playing field in the marketplace. In addition, the U.S. Department of Labor significantly limits the ability to designate individuals as independent contractors, which may lead to the Department of Medical Assistance Services being determined to be the employer of record for consumer directed attendants. If that occurs, paying overtime could result in the Commonwealth being responsible to provide health insurance and workers compensation for these workers.