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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3/20/20  9:21 pm
Commenter: Jake Metcalf, Researcher in the Law & Ethics in Computational Science

"People enrolled in EVV programs need to seek assurances that their data will not be repurposed"

From Jake Metcalf's When Verification is also Surveillance:

"People enrolled in EVV programs need to proactively seek assurances that their data will not be repurposed by other state agencies for increased surveillance or law enforcement intervention.  Although Medicaid status is protected health data, other forms of information that can be used to infer Medicaid status are not.  Is client EVV login data, including geolocation data, a protected category or is it governed by much looser laws around surveillance of employees?  Will law enforcement be able to know sans warrant when and where a client confirmed service was provided?  Will child welfare services have access to geolocation data for minors who utilize PCA's, and how will that data be used?  Are biometric markers used by the EVV device strictly protected?  If the state requires that biometric data is provided in order to verify service, does the contract with the third-party provider prohibit repurposing of that data?"

CommentID: 80038