U.S. Sen. Rob Portman (R-OH) and U.S. Rep. Steve Stivers (R-OH) have introduced bipartisan legislation in their respective chambers that would allow states to postpone putting Electronic Visit Verification (EVV) systems to ensure that personal care services are billed accurately into place.
“I strongly support these systems, but before we roll them out across the country we must take into account the needs of the communities and ensure they are implemented effectively,” said Sen. Portman.
EVV systems verify through telephone or computer systems the time, date and type of service visit in order to confirm that services were actually delivered.
The 21st Century Cures Act requires states to implement an EVV system for Personal Care Services by Jan. 1, 2019 and for Home Health Care Services by Jan. 1, 2023, according to the Centers for Medicare and Medicaid Services (CMS). States that do not comply with the Cures Act by those deadlines will have their federal medical assistance percentage amounts reduced, CMS says.
However, exceptions could be available for states that would be able to prove they’ve made both a “good faith effort” to comply with the requirements to adopt the technology used for EVV, and also that they have encountered “unavoidable delays” in implementing the system, according to CMS.
The proposed legislation, S. 2897 and H.R. 5912, would delay the reduction in the federal medical assistance percentage for Medicaid Personal Care Services furnished without an EVV system, according to the congressional record.
Specifically, the requirement would be postponed for one year in order to give states the proper time to set up effective EVV systems, and would require CMS to solicit stakeholder comments prior to finalizing regulations related to implementation to ensure the concerns of the patient and provider communities are taken into account, according to a summary provided by Sen. Portman’s office.
S. 2897 was introduced on May 22 by U.S. Sen. Lisa Murkowski (R-AK) with Sen. Portman and U.S. Sen. Sherrod Brown (D-OH) among the original cosponsors. The bill is under consideration by the U.S. Senate Finance Committee.
H.R. 5912, likewise introduced on May 22, was put forth by U.S. Rep. James Langevin (D-RI) with Rep. Stivers among the original cosponsors of the measure. H.R. 5912 has been referred to the U.S. House Energy and Commerce Committee.
“Electronic visit verifications are crucial to ensuring that Ohio’s most vulnerable are receiving the care and services they deserve,” Sen. Portman said. “I’m proud to support this legislation so that we can continue to offer Ohio and other states the flexibility they need to get this right.”
Sen. Murkowski added that EVV systems could greatly improve the welfare and health of Alaskan patients in her home state by authorizing delivery and billing services, while decreasing fraud.
“This legislation ensures that Alaskans have adequate time to thoughtfully develop an effective EVV system based on the input of our family caregivers and stakeholders so patients receive the quality services they need and deserve,” said Sen. Murkowski.
Sen. Brown noted that implementation of EVV systems “is too important to rush – we must take the time to get it right.”