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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2/26/20  11:17 pm
Commenter: Courtney Hunter, Disabilities Advocate

GPS constitutes a search under 4th Amendment
 

In United States v. Jones, the Supreme Court ruled that GPS tracking constitutes a search under the Fourth Amendment of the United States Constitution.  That means for Virginia to track someone, they must either obtain consent or obtain a warrant, for which they must have probable cause to believe a crime is being committed.  Unless there is evidence that people with disabilities and their attendants are committing crimes, Virginia has no grounds to use EVV to track us.  Further, any consent given could be interpreted as illegally coerced since the consequence of refusing tracking could be the loss of life sustaining health care. 

CommentID: 79334