Virginia Regulatory Town Hall
Agency
Department of Medical Assistance Services
 
Board
Board of Medical Assistance Services
 
chapter
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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2/12/20  10:42 am
Commenter: counsellor

Good Samaritans Beware: EVV putting everyone at risk and in danger
 

Good Samaritans would be better off working in soup kitchens or in some other form of altruistic employment than in consumer direct care.  In the state's litigious and power hungry environment, it would be better to be a DMAS decision maker with a six figure income: all the money, the "appearance" of caring, and no responsibility.  With EVV, attendants must be more aware of their actions even when they believe it to be an emergency situation.  Good Samaritans can now be liable for "not complying with EVV".  Just the other day, a fiscal agent stated to an attendant that they are "watching" those using the portal and not the evv app. (this is with all the issues with the evv app as well).  If that was not bad enough, the app. adds or subtracts time the attendants didn't post and they can now be accused of fraud due to this (perhaps this is the goal? To have probable cause even on the persons doing no wrong, so surveillance is somehow justified?).  The most surprising part is that the attendants must now choose between the clock and an emergency or risk posting too many manual entries and being accused of fraud.  Lives are clearly endangered by EVV: attendants' lives for fraud accusations/jail and the individual receiving care for the attendant having to make quick, impossible choices and for the risk of institutionalization.  It is a lose/lose situation.  "Use of reasonable care" lawsuits could be on the rise due to EVV alone.  Citizens of Virginia will be discouraged from helping, and with pay rates as low as they are for attendants, anyone who takes the job is "helping".  The new EVV limitations will keep people from helping if they consider the possibility that it could land them in court.  The average person may have trouble determining what the reasonableness standard would be when attempting to help someone during an emergency and even more so when they are distracted by the chaos of what they have deemed an emergency and the almighty clock. Live ins will be hit the hardest by the serious decisions that must be made when considering the risk.  Care for your own child and risk them going into an institution, being injured, or yourself going to jail.  It is unbelievable that they are being asked to make such a decision at all. Head for the soup kitchens Good Samaritans (or work at DMAS). That is my best advice in this situation.

CommentID: 79048