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DOH Announces "Choice Model" for EVV Implementation

The Department of Health (DOH) announced that it will be implementing a Choice Model for the State’s Electronic Visit Verification (EVV) requirement per the 21st Century Cures Act (Cures Act), giving providers some flexibility in implementing the EVV model they choose and/or keeping their existing system or building upon it. This federal law requires all state Medicaid programs to implement an EVV system for providers delivering Personal Care Services (PCS) and Home Health Care Services (HHCS). All states must implement an EVV system to avoid a reduction in federal Medicaid funding. The EVV implementation date is Jan. 1, 2021 for PCS and Jan. 1, 2023 for HHCS.

Details on the Choice Model are available here. DOH held a webinar on the model on April 20th.

Considerations for selecting an EVV system are as follows:

  • Selected systems must comply with federal Cures Act requirements. Providers are responsible for reviewing the Cures Act and making sure that they select systems that comply.
  • DOH will not endorse, approve, or recommend EVV systems or provide a list of systems from which providers must select.
  • Providers are advised to select systems with flexible interfaces. Systems should be capable of submitting required elements to the State data aggregation mechanism, interoperating with claims submission functions, and should be able to adapt to any future federal or State policies with regard to submission of EVV data.
  • Providers are responsible for ensuring that selected systems meet privacy and security rules and laws.
  • Providers are advised to select systems that offer alternative methods for collecting data electronically in the event of system failure, natural disaster, or services provided in geographic areas with limited or no internet or cellular connectivity.
  • EVV systems should retain and back up data in keeping with all standard Medicaid Audit data retention requirements. 
  • The provider EVV system must be able to accommodate the following scenarios:
    • Consumers who use multiple aides 
    • Multiple individuals receiving services in the same home and/or same time with one or multiple aides
  • All EVV systems must be accessible for input or service delivery 24/7.
  • Systems should allow for adding information in offline mode when there is inadequate network capacity.
  • The State will not require EVV data for caregivers that live full-time with their care recipients. The caregiver’s permanent place of residence must be the same as the care recipient's.
  • Providers may utilize multiple methods of collecting EVV data (for example, home phone number, fob, or GPS-enabled mobile applications). New York will launch data aggregation with a limited set of data needed to meet the requirements of the Cures Act. Once the initial implementation period is complete, DOH will assess the EVV program and perhaps modify data aggregation to support initiatives to improve quality and access to services.

The State's EVV Stakeholder Convening Report and other information are accessible on DOH's EVV website and the Centers for Medicare and Medicaid Services' (CMS) EVV page. LeadingAge NY will post the recording of the webinar as soon as it becomes available. Please let us know if you have questions or concerns regarding this matter.

Contact: Meg Everett, meverett@leadingageny.org, 518-929-9342