The Centers for Medicare and Medicaid Services (CMS) released EVV resources to assist states in complying with CURES Act requirements, including:
- CIB: Cures Act for Electronic Visit Verification (PDF 619.48 KB) – May 16, 2018
- FAQs: Cures Act for Electronic Visit Verification (PDF 462.38 KB) – May 16, 2018
Stop EVV understands that ending electronic visit verification in its entirety is not an option at this time. We seek to end intrusive components. We further make a call to action to demand a waiver for consumer direction programs. To that end, we propose the following:
(1) Pass a congressional bill amending the 21st Century Cures Act to exempt consumer-directed programs, and family-provided care, from the EVV requirements, maintaining the intent and integrity of these programs and waivers;
(2) Prohibit the use of invasive EVV components, including GPS tracking, camera use and audio recording within a consumer’s private home; and
(3) Recommend the use of web-based timesheets with dual authentication by both the consumer and the provider at the close of the pay period, like most government agencies use for their employees. A website timesheet can be designed to include entry for location, type of service provided, and start and end times. The consumer will be able to authenticate the hours and services provided using their own login and password. Each provider will also have their own, separate and unique login and password to authenticate timesheets. Once both parties have authenticated the same information, these web-based timesheets can be directly, electronically submitted to a third-party payroll for processing.
Ohioans have not been provided all of the information on EVV and their rights. If you live in Ohio, you have the right to alternative EVV methods that do not include GPS. Watch this video and contact Disability Rights Ohio today!
Stop EVV is proud to join the NCIL EVV Steering Committee
and NCIL EVV Task Force alongside some brilliant disability
activists and disability organization representatives!
NCIL EVV Task Force: The 21st Century Cures Act that passed into law in late 2016 included a provision requiring states to implement electronic visit verification (EVV) systems. With implementation deadlines of January 1, 2019 for personal care services and January 1, 2023 for home health services, states are developing plans and beginning implementation. In some states, we have already seen harmful effects of intrusive and burdensome systems. The EVV Task Force will work to coordinate NCIL’s national advocacy strategy as EVV continues to be implemented across the country.
NCIL EVV Steering Committee: The Steering Committee will work with the larger NCIL EVV Task Force to develop an advocacy strategy that is sensitive to individual state circumstances but also relevant nationally in order to defeat onerous and invasive requirements of the federal 21st Century Cures Act Consumer Directed PAS EVV provisions.
For background information, see NCIL’s Position opposing EVV.
What is EVV?
Electronic Visit Verification (EVV) is a new federal regulation put upon states. EVV was intended to be an electronic timesheet for personal care attendants of disabled individuals. It goes into effect nationwide January 2019, but some states have already introduced systems to individual’s homes.
Where it has been implemented already, states are gravely misusing and abusing their position of power. EVV devices aren’t simply electronic clocking in and out on a time sheet, they have GPS tracking, 360 degree camera and audio recording that is completely out of control of the consumer! This is an infringement on personal privacy in the spaces of our homes.
The 21st Century Cures Act of 2016 is a federal law passed by Congress and signed by President Obama that was intended to provide assistance to mental health services across the nation. Section 12006 was quietly added in without much notice, mandating EVV implementation at the state level. States not in compliance with EVV requirements risk losing a portion of their federal Medicaid dollars.
For more information, check out our Frequently Asked Questions.