ANCOR Co-Leads Coalition Letter of Comment on How CMS Collects EVV Information

As one of four Co-Chairs on the Consortium for Citizens with Disabilities’ Long Term Supports and Services Task Force, ANCOR co-lead and signed a letter of comment to the Centers for Medicare and Medicaid Services (CMS) on how it is collecting information on how states are complying with Electronic Visit Verification (EVV). Specifically, the letter responds to a proposed survey by CMS that is directed at states, flagging concerns with the content held by national disability organizations within CCD, including ANCOR, and offering suggestions for addition questions.

As written in the letter:

“Section 1903(l) of the Social Security Act, which includes the new Electronic Visit Verification (EVV) requirement for personal care services and home health services, contains important protections for Medicaid enrollees. It mandates that states consult with a variety of stakeholders when developing their EVV systems. First, states must consult with providers on: how to make the system minimally burdensome; how to incorporate best practices; and how to comply with the requirements of HIPAA privacy and security law. Second, states shall also ‘take into account a stakeholder process that includes input from beneficiaries, family caregivers, individuals who furnish personal care services or home health care services, and other stakeholders, as determined by the State in accordance with guidance from the Secretary.’

The Electronic Visit Verification Survey, as proposed, does not accurately measure compliance with these important requirements. Instead, the proposed survey only asks states to certify general compliance and to include a description of their program.

To ensure that the system is minimally burdensome, protects privacy, and does not inhibit community integration, more specific questions should be included in the compliance survey. Furthermore, states should be required to describe their stakeholder process.”