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.
A SOLUTION IS IN SIGHT – 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. H.R. 6042 is scheduled to be included in the House opioids legislation, which will allow the bill to come up for a vote much sooner than if it were a stand alone bill. The House is expected to complete voting on the opioids bills by end of June or early July. The authors of both House bills are working together to ensure that H.R. 6042 meets the community's needs. If H.R. 6042 passes the House it will go on to 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.