§ 19-7-704 - Deduction of tax withholding for individual contract providers.
               	 		
19-7-704.    Deduction of tax withholding for individual contract providers.
    (a)  It  is found and determined that certain rules and regulations of the  Social Security Administration and the Internal Revenue Service require  the deduction of Federal Insurance Contributions Act and federal income  tax withholding from persons providing services under individual  purchase-of-service contracts, who are in fact independent contractors,  or employees of the person receiving the service, and that there is  presently no provision for payment of Federal Insurance Contributions  Act and federal income tax withholding for these individuals. It is  further found and determined that the use of individual contracts is  necessary to the operation of the Title XIX and Title XX programs,  particularly in the areas of day care and services to the elderly.  Therefore, whenever the regulations of the Social Security  Administration or the Internal Revenue Service require the deduction of  Federal Insurance Contributions Act or federal income tax withholding  for an individual providing services under a Title XX individual  purchase-of-service contract, the Department of Human Services may pay  the necessary Federal Insurance Contributions Act tax out of federal  funds and state or local donated matching funds and may collect the  necessary Federal Insurance Contributions Act and federal income tax  withholding as agent for the client receiving the services.
(b)  Individuals  for whom Federal Insurance Contributions Act tax is paid and Federal  Insurance Contributions Act and federal income tax withholding is  deducted under this section shall not be considered as employees of the  state for the purposes of determining eligibility for unemployment  compensation or workers' compensation, for the purpose of state income  tax withholding, or for any other purposes.