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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3/19/20  8:13 pm
Commenter: Linda Davis

EVV - It doesn't work! - Exempt Live-Ins!

First and foremost, you are requiring consumers, employers of record and their attendants to all have smart phones or tablets (specific ones at that since the app isn’t available in all app stores), to have a data plan or at minimum to have a landline phone? Whose cost is this to? What happens when the consumer or EOR can’t afford a landline phone? Or when the phone breaks? Malfunctions? Who directly should be responsible for the expense of these items, ensuring that there are no technical issues and repairing or replacing said items immediately?


Second, the apps nor the systems work properly. I have heard hundreds and hundreds of complaints regarding this. Personally, the app freezes constantly, it even freezes the phone, entries that should be shown as clocked in and out disappear. The app automatically clocks you out before midnight then requires a “manual entry” and reason for such when the attendant was clocked in the entire time.


Third, why are live-ins not exempt? Federal EVV requirements do not apply to caregivers providing services in their home. Personal care services rendered by an individual living in the residence does not constitute an “in-home visit.” You are asking caregivers/attendants to essentially make up hours when in all actuality they are available 24/7 but only get paid for xyz hours. You are also asking for them to neglect the consumer and their needs to spend countless hours messing with a system that doesn’t work. They also need to remember to clock out at exactly 11:58 p.m. (so the app doesn’t do it for them at 11:59 p.m. and then therefore change it to manual) and then clock back in at 12:01 a.m. then requiring at minimum, 4 clock in and outs for one shift, where there isn’t even a break.

To top all of this off, the attendants aren’t getting paid/paid correctly because THE SYSTEM DOESN’T WORK therefore, they are leaving! Leaving families without care and the consumer at risk for being institutionalized.


This is all so absurd. ACT NOW. SUE the federal government over this unconstitutional  requirement.  Stand up for the disabled. 

CommentID: 79914