The 21st Century Cures Act EVV mandate requires the use of electronic visit verification (EVV) for  Medicaid personal care services by Jan. 1, 2020 and for all Medicaid home health care by Jan. 1, 2023, and includes a provision that allows states to delay implementation of EVV for up to one year if they can demonstrate they have made a good faith effort to comply and have encountered unavoidable delays.

Last week, CMS announced it will accept requests for good faith effort exemptions beginning July 1st, 2019 through Nov. 30th, 2019. Here are a few more details from the CMS announcement:

  • States are required to use the form titled “Good Faith Effort Request Form – Personal Care Services” when submitting their requests. Click here to access the form.

  • Only the State Medicaid Agency Director or his/her designee can submit this form.

  • Please send completed forms to the EVV mailbox at [email protected] with the subject line “[State Name] EVV Good Faith Effort Exemption Request.” The EVV mailbox will acknowledge receipt of the form. Only one form per state should be submitted.

  • Within 30 days of receipt of the state’s request the CMS EVV mailbox will send a letter attached in an email and signed by the Director of the Division of Long-Term Services and Supports confirming whether the state’s request has been approved. If the state’s request is not approvable, CMS will inform the state of the reason(s) the request was not approved and will offer to schedule a conference call with the state. The state will have the opportunity to revise and resubmit its request.

Please be advised that the Cures Act provision on good faith effort exemptions does not provide CMS with authority to delay the FMAP reductions for more than one year. If you have any questions, please email [email protected] or contact your CMS Regional Office.