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.
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. There are two bills in the U.S House of Representatives - H.R. 5912, introduced in May, and more recently, H.R.6042, introduced in June. The sponsors of the two bills since merged their efforts and H.R. 6042 will be the bill moving forward to a vote. Update as of June 19, 2018: H.R. 6042 has passed the House as part of the opioids package and is now headed to the Senate, where it has the possibility of becoming a stand-alone bill! Great work, advocates and stay tuned for more details as we shift our focus onto the Senate!
ANCOR is leading advocacy efforts to obtain a delay in EVV implementation until the I/DD community’s concerns are taken into account.