From the National Council on Independent Living Opposition to Electronic Visit Verification:

"The EVV may impose significant liability on States in the form of joint employment.  If EVV is mandated for all personal care and home health workers who provide services through Medicaid, the State may be found to be a joint employer of those workers under the FLSA.  Under the new FLSA companionship rule, joint employers are required to pay overtime to personal care and home health workers.  As a result, States are likely to encounter a significant financial liability for unpaid overtime costs.  Where States are found to be a joint employer, States may be liable to pay overtime for any hours over 40 worked by the attendant through multiple agencies in the State.  For example, if Joan works for 40 hours for Max, a disabled man, through Loving Homecare, and 20 hours for Stella, an elderly woman, through Lifetime Independence, the State may be liable as a joint employer for the 20 hours of overtime that Joan worked, because the requirement to use a single EVV system for reporting tasks and checking in makes the State a joint employer of Joan."