The purpose and effect of these rule amendments is to adopt the federal standard pertaining to Electronic Visit Verification (“EVV”) for providers of personal care services, home health services, or both rendered to clients requiring an in-home ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Agency for Persons with Disabilities

RULE NO.:RULE TITLE:

65G-12.002Electronic Visit Verification

PURPOSE AND EFFECT: The purpose and effect of these rule amendments is to adopt the federal standard pertaining to Electronic Visit Verification (“EVV”) for providers of personal care services, home health services, or both rendered to clients requiring an in-home visit furnished under the Medicaid Home and Community Based Services (“HCBS”) Waiver.

SUMMARY: The language requires all providers of personal care services, home health services, or both to persons requiring an in-home visit provided under the Medicaid HCBS Waiver to use the Agency’s designated EVV system.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule adopts a federal standard pursuant to s. 120.54(6), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 393.501(1), 393.066(8), 120.54(6), F.S.

LAW IMPLEMENTED: 393.066(2), F.S. 42 U.S.C. 1396b(l)

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Danielle Thompson, Senior Attorney, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 335, Tallahassee, FL 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65G-12.002 Electronic Visit Verification

(1) Pursuant to the 21st Century Cures Act of 2016, 42 U.S.C. 1396b(l), as a condition for payment from the Agency, providers of personal care services and home health services that require an in-home visit pursuant to the HCBS Waiver or the CDC+ program shall use the Agency-designated Electronic Visit Verification (“EVV”) system to verify the following:

(a) the type of service performed;

(b) the individual receiving the service;

(c) the date of the service;

(d) the location of service delivery;

(e) the individual providing the service; and

(f) the time the service begins and ends.

(2) Providers of personal care services shall use the Agency-designated EVV system by November 1, 2020.

(3) Providers of home health services shall use the Agency-designated EVV system by December 31, 2022.

(4) This Rule shall be reviewed, and if necessary, renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 393.501, 393.066(8), 120.54(6), F.S. Law Implemented 42 U.S.C. 1396b(l), 393.066(2), F.S. History–New.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lorena Fulcher

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbara Palmer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 19, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 21, 2020