Capitol Correspondence - 06.03.19

July 1: On EVV, CMS Will Open Up to State “Good Faith” Exemption Requests

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ANCOR is sharing this announcement by the Centers for Medicare and Medicaid Services (CMS) because the implementation of electronic visit verification (EVV) as mandated by the 21st Century Cures Act has caused unintended challenges for disability supports. Our EVV Resources and Action Center lays out in greater detail what these challenges are, as well as tracks the state of implementation across the states. ANCOR was a lead player in obtaining a one-year EVV implementation delay, moving the deadline for compliance from January 1, 2019 to January 1, 2020. If you feel your state is not prepared for EVV implementation with I/DD supports, please work with your state association and contact your state to notify them of the option for the good faith delay. More details are below.

As shared by CMS:

“Section 12006(a) of the 21st Century Cures Act (Cures Act) mandates that states implement electronic visit verification (EVV) for all Medicaid personal care services by January 1, 2020 and for all Medicaid home health care services by January 1, 2023, or otherwise be subject to incremental federal medical assistance percentage (FMAP) reductions. The Cures Act includes a provision that allows states to delay implementation of EVV for up to one year if they can demonstrate they have made a good faith effort to comply and have encountered unavoidable delays. This notice provides states with information regarding the process to request a good faith effort exemption. 

  • CMS will accept requests for good faith effort exemptions for personal care services beginning July 1, 2019. CMS strongly encourages states to submit good faith effort exemption request by November 30, 2019.
  • States are required to use the form titled “Good Faith Effort Request Form – Personal Care Services” when submitting their requests. Click here to access the form.
  • Only the State Medicaid Agency Director or his/her designee can submit this form.
  • Please send completed forms to the EVV mailbox at [email protected] with the subject line “[State Name] EVV Good Faith Effort Exemption Request.” The EVV mailbox will acknowledge receipt of the form. Only one form per state should be submitted.
  • Within 30 days of receipt of the state’s request the CMS EVV mailbox will send a letter attached in an email and signed by the Director of the Division of Long-Term Services and Supports confirming whether the state’s request has been approved. If the state’s request is not approvable, CMS will inform the state of the reason(s) the request was not approved and will offer to schedule a conference call with the state. The state will have the opportunity to revise and resubmit its request.

Please be advised that the Cures Act provision on good faith effort exemptions does not provide CMS with authority to delay the FMAP reductions for more than one year. If you have any questions please email [email protected] or contact your CMS Regional Office.