Capitol Correspondence - 11.04.19

CMS Issues New Information Bulletin on EVV Implementation

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Electronic visit verification (EVV) continues to be a key issue for the disability community because of privacy and technical challenges arising from its implementation. The Centers for Medicare and Medicaid Services (CMS) has issued a new information bulletin on what states need to do to receive enhanced funding, provided for in the 21st Century Cures Act, to administer EVV. ANCOR is reviewing the bulletin to assess its effect on implementation concerns raised by our membership.

As written by CMS:

“EVV Qualification for Enhanced FFP To qualify for enhanced FFP under the outcomes-based certification process, a state’s EVV solution (whether solely a data aggregation function or a state-procured, beneficiary-facing software suite):

  • Must comply with the appropriate security and privacy requirements of the Health Insurance Portability and Accountability Act
  • Must accurately capture the required six data elements listed in the section 1903(l)(5) of the Act and use the data to edit claims and review encounter data.

 In addition, beneficiary-facing state-operated EVV solutions:

  • Must include training and stakeholder outreach, per section 1903(l)(2) of the Act
  • For beneficiary-facing functions, must be accessible to persons with disabilities, per the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, 36 CFR Part 1194, 42 CFR 431.206, and 45 CFR Part 80
  • Must provide support for non-native English speakers, per the Civil Rights Act of 1964 and the Affordable Care Act of 2010

These and other requirements for certification are embodied in the EVV certification evaluation criteria, which can be found on Medicaid.gov EVV page.”