Virginia Regulatory Town Hall
Department of Medical Assistance Services
Board of Medical Assistance Services
Standards Established and Methods Used to Assure High Quality Care [12 VAC 30 ‑ 60]
Action Electronic Visit Verification
Stage Proposed
Comment Period Ended on 3/21/2020
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3/10/20  5:58 pm
Commenter: Justice for ALL

4th amendment violation EVV

EVV is a 4th amendment violation

4th amendment Carpenter v. United States, the court acknowledged cell phone geo-location information is classified as a Fourth Amendment search, requiring the government to obtain a warrant before searching this electronic data.

"Examples of electronic surveillance include: wiretapping, bugging, videotaping; geolocation tracking such as via RFID, GPS, or cell-site data; data mining, social media mapping, and the monitoring of data and traffic on the Internet. " 

CommentID: 79696