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CMS Provides Guidance on EVV Delay

Posted on Wednesday, July 11, 2018 6:20 PM

CMS has now provided guidance on allowing states to delay implementation of the electronic visit verification (EVV) for up to one year.  The 21st Century Cures Act (Cures Act) mandates that states implement EVV for all Medicaid personal care services by January 1, 2019, but the law includes a provision allowing 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.

If a state fails to comply with the deadline or show that they made a good faith effort, will make them susceptible to incremental federal medical assistance percentage (FMAP) reductions. 

Here is what you need to know about good faith exemptions to the EVV requirements in the 21st Century Cures Act:

  • Requests for good faith effort exemptions should be submitted between July 1, 2018 – November 30, 2018.
  • It is recommended that the state’s request include:
  1. Actions the state has performed to adopt EVV and meet the requirements at Section 12006(a) of the Cures Act;
  2. Proposed EVV model;
  3. Unavoidable system delays/barriers (if you have any questions on what may constitute an unavoidable delay or barrier please email EVV@cms.hhs.gov or contact your CMS Regional Office); and
  4. Description of the state’s stakeholder engagement process.
  • The state may include its request in a letter addressed to Ralph Lollar, Director of the Division of Long-Term Services and Supports, and signed by the State Medicaid Director, or in an email sent from or including the State Medicaid Director. Please send requests to the EVV mailbox at EVV@cms.hhs.gov with the subject line “[State Name] EVV Good Faith Effort Exemption Request.” The EVV mailbox will acknowledge receipt of the letter. Only one request 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 that 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.


Source: NAHC Report

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