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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3/8/20  12:53 pm
Commenter: Rachel Day

illegal search to not end up in a nursing home
 

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.
https://www.washingtonexaminer.com/.../utah-has-stepped...

"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. " https://www.law.cornell.edu/wex/electronic_surveillance...

EVV is wrong... and Virginia doesnt need to GPS track our location all day, simply indicating home or commuity would meet the federal requirment ..  

CommentID: 79620