CMS is seeking public comment on a proposal to implement a survey requiring states report progress toward implementing electronic visit verification (EVV) as required by the 21st Century Cures Act.
 
The survey will be a live form, which means states will be able to update their status as they progress. Comments must be submitted by Dec. 4.
 
The EVV requirement primarily impacts Medicaid for now, but will be coming later for Medicare and likely will be required for private duty agencies if they get institutional customers like hospitals.
 
The 21st Century Cures Act requires states implement an EVV system for providers offering personal care, homemaking, respite and other non-medical services funded by Medicaid. Eventually EVV also will be required for home health as well.
 
States that fail to meet the EVV requirement will face federal medical assistance percentage reductions of 0.25% starting in the first year and up to 1% in the future.
 
And serious penalties may befall agencies — not just states — that don’t implement EVV. Each state is expected to outline its own penalties for providers that fail to electronically verify visits for services covered by Medicaid.
 
EVV initially was supposed to be in place for personal care services by Jan. 1, 2019, but a bill recently signed into law by President Donald Trump allows states to delay implementation.
 
Now, all EVV systems must be up and running by Jan. 1, 2020, for personal care services and by Jan. 1, 2023, for home health care services.
 
States can apply for a good faith effort exemption to extend the timeframe by one year. Requests for good faith effort exemptions should be submitted by Nov. 30, 2018.
 
Related links: View supporting documents and examples of what the survey will look like by visiting https://go.cms.gov/2E75oyQ. Comment on the Electronic Visit Verification Compliance Survey at www.regulations.gov.