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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3/9/20  12:26 pm
Commenter: Noah's Miracle Blog

EVV stands to violate every "invasion of privacy"category that exists in Modern Tort Law

From Noah's Miracle Blog:

"EVV stands to violate every "invasion of privacy" category that exists.  Modern Tort Law includes four categories that fall under the invasion of privacy.

Intrusion of solitude: physical or electronic intrusion into one's private quarters

Public disclosure of private facts: the dissemination of truthful private information which a reasonable person would find objectionable

False light: the publication of facts which place a person in a false light, even though the facts themselves may not be defamatory

Appropriation: the unauthorized use of a person's name or likeness to obtain some benefits

Critical:  "Intrusions upon seclusion occurs when a perpetrator intentionally intrudes, physically, electronically, or otherwise, upon the private space, solitude, or seclusion of a person, or the private affairs or concerns of a person, by use of the perpetrator's physical sense or by electronic device or devices to oversee or over hear the person's private affairs, or by some other form of investigation, examination, or observation intrude upon a person's private matter if the intrusion would be highly offensive to a reasonable person"

CommentID: 79655