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State EVV Compliance Survey
October 18, 2019
From Center for Medicaid and CHIP Services (CMCS)
Section 12006(a) of the 21st Century Cures Act (the Cures Act) requires states to implement electronic visit verification (EVV) for all Medicaid-funded personal care services (PCS) and home health care services (HHCS) that require an in-home visit by a provider. States are required to implement EVV for PCS by January 1, 2020 and HHCS by January 1, 2023, unless they have been granted a one year good-faith effort (GFE) exemption. Otherwise, the state is subject to incremental Federal Medical Assistance Percentage (FMAP) reductions beginning in the first calendar quarter of 2020 for PCS expenditures.
Starting November 2019, states will have the opportunity to complete a web-based survey to self-report their progress on implementing EVV for PCS. The Centers for Medicare and Medicaid Services (CMS) will use the survey to evaluate states’ compliance with EVV requirements and to determine whether FMAP reductions will need to be applied. The survey assesses whether states require the use of EVV for all PCS that fall within the scope of the Cures Act and asks states to describe how they have ensured their EVV systems:
- Are minimally burdensome;
- Do not limit provider selection;
- Do not constrain beneficiaries’ selection of a caregiver;
- Do not impede the manner in which care is delivered;
- Are conducted in accordance with the requirements of HIPAA privacy and security law; and,
- Took into account a stakeholder process that included input from beneficiaries, family caregivers, and providers.
The survey tool will only be accessible to State Medicaid Directors and/or their designees. The survey will be a live form, meaning states will have the ability to update their EVV status on a continuous basis. Because FMAP reductions are assigned each quarter, states not in compliance with Cures Act requirements will be encouraged to review their survey information on a quarterly basis and update their response when they achieve compliance to ensure FMAP reductions are lifted in a timely manner. States who wish to demonstrate compliance by January 1, 2020 should complete the survey by that date to avoid FMAP reductions. Please note that states who have been granted a GFE exemption will not need to complete the survey until November, 2020. You can view which states have been approved for a GFE exemption on the CMS EVV website. In addition, the EVV compliance survey materials are available to view on Reginfo.gov.
CMS will be following up with state Medicaid agencies in November with specific instructions for completing the survey online. In addition CMS will be hosting a webinar on October 23, 2019 from 1:00 to 2:30 pm EST to walk states through the survey questions. Please email EVV@cms.hhs.gov with any questions about the survey.
Participant only dial in number: +1 (833) 612-0014 Conference ID: 2889575
Note: the dial-in number and link to participate will also be sent out once registered for the event.