Common use of Electronic Visit Verification Clause in Contracts

Electronic Visit Verification. Background Electronic Visit Verification (EVV) is a federal requirement from the 21st Century Cures Act, passed by Congress in 2016. States are required to have Electronic Visit Verification systems in place for personal care services by January 1, 2020. Washington State received a good faith exemption which extended the requirement to have an EVV system in place for personal care services to January 1, 2021. EVV Requirement Electronic Visit Verification (EVV) is required for Individual Providers contracted to provide home and community based services (HCBS) to Medicaid clients receiving services in Washington. EVV will apply to providers who serve clients receiving in-home personal care services from both the Aging and Long-Term Support Administration and the Developmental Disabilities Administration. IPs will use the IPOne EVV solution to record their hours worked and tasks performed until IPs are hired by the Consumer Directed Employer. EVV Exemption for Live-in Providers IPs who qualify for the Live-In Exemption (LIE) will not use the EVV system. IPs must select their LIE status in the IPOne portal to qualify for the exemption. IPs qualify for the LIE when: • The IP and their client live together in the same home; and • Neither the IP nor their client have a separate home where either lives. EVV Implementation January 1, 2021- June 30, 2021 will be considered an EVV initial implementation period. During the EVV initial implementation period, Individual Providers are required to use the IPOne EVV solution in accordance with DSHS policy, but DSHS will not terminate an Individual Provider’s contract for EVV noncompliance. Following this initial implementation period, DSHS may take progressive contract action steps with the goal of ensuring compliance with Federal requirements. Progressive contract action steps will include multiple attempts to notice and counsel workers about compliance before terminating a provider’s contract.