EVV is a term used to describe systems set up to ensure that a service/supports visit that has been billed actually occurred as fraud prevention. EVV can describe phone and/or computer-based systems.
As part of the 21st Century Cures Act, Congress has now required states to implement EVV for “personal care services or home care services requiring an in-home visit by a provider” as a fraud prevention measure in order to save federal funds. The Centers for Medicare and Medicaid Services (CMS) is in charge of overseeing the implementation. Visit its dedicated EVV page to access the following resources: CMS May 2018 guidance on the EVV statute, an FAQ on EVV, and the parts of the 21st Century Cures Act that address EVV. July 13 update on resources: CMS has now issued guidance for states seeking "good faith" exemptions to the EVV statute. States are allowed to submit requests from July 1 through November 13, 2018.
The new EVV legislation contains provisions which would reduce the Federal Medicaid Assistance Percentage (FMAP) for states which do not comply with the statute. However, the statute neglects certain implementation challenges arising in states, leaving states vulnerable to non-compliance penalties. This would reduce funding for Medicaid, leaving states - and by extension I/DD supports funded by states – grappling with an unfunded mandate.
LEARN MORE – ANCOR wrote an article elaborating more on these challenges, a summary of CMS' FAQ and guidance, and a memo giving additional background. DisabilityScoop has also reported on ANCOR's concerns.
WE HAVE MADE PROGRESS ON A SOLUTION! In response to ANCOR’s advocacy, Congress introduced legislation to delay the implementation of EVV by one year and require the federal government to give notice to the community and receive public comments. On June 19, H.R. 6042 has passed the House as part of the opioids package under suspension of the rules. The bill moved onto the Senate with the option of either being a stand-alone bill or being attached to larger legislation - it was not required to be part of the Senate opioids package. ANCOR used this time to advocate for Senate Leadership to bring the bill up for a vote as a stand alone under the expedited unanimous consent process. Update as of July 13: Senate Leadership accepted bringing up S. 2897 under the hotline process (see page 3 of link). S. 2897, introduced by Senators Lisa Murkowski (R-AK) and Sherrod Brown (D-OH), is the companion bill to H.R. 6042. We are currently awaiting the results of the hotline process.
ANCOR is leading advocacy efforts to obtain a delay in EVV implementation until the I/DD community’s concerns are taken into account.
Ask your Senators TODAY to support S. 2897!
If you are a Kentucky or New York resident, use this action link to email Senate Leadership from both parties.
If you are from one of the remaining 48 states, use this action link instead.