HF4803

Purpose

To update Minnesota’s electronic visit verification (EVV) requirements for certain home- and community-based services, aligning state practice with federal EVV rules and enhancing accountability by adding attestation requirements from service recipients or their guardians.

Key Provisions

• EVV definitions and data elements

  • EVV must document: type of service, the service recipient’s full name, date of service, service delivery location, the individual providing the service, and the start and end times.
  • It also includes the provider’s full name and unique provider identifier (if any), and the provider’s title (if any), plus the person to whom the employer has delegated responsibility for verifying services.
  • Signatures are required: the person signing EVV must acknowledge that providing false information is a federal crime and attest to the accuracy of the information on the EVV; and the service recipient or their legal guardian/conservator or, if the recipient is a minor, their parent, must attest to the EVV information’s accuracy.
  • EVV system means a system that provides electronic verification of services and complies with the 21st Century Cures Act and the state’s EVV requirements.

• Services subject to EVV

  • Personal care assistance services (as defined in state law) when provided under relevant home- and community-based service provisions.
  • Community First Services and Supports.
  • Home health services.
  • Services of provider types designated high-risk by the commissioner.
  • Other medical supplies, equipment, or home- and community-based services that must be electronically verified under the 21st Century Cures Act.
  • Any other program or service designated by the commissioner.

• Signatures and attestation

  • The commissioner must establish methods for collecting the required signatures from service recipients or their guardians/conservators/parents (if the recipient is a minor) on a statement attesting to the accuracy of the EVV information and acknowledging the federal crime for false information.
  • The signature-collection methods may vary to meet the needs of individual recipients.

Implementation and Administration

• The Commissioner of Human Services is directed to develop and implement the signature-collection methods and to ensure EVV data collection aligns with federal standards and state statute.
• Methods may differ to accommodate individual circumstances of recipients or guardians.

Impact and Rationale

• Strengthens data integrity and compliance with federal EVV requirements.
• Improves accountability for billing and service delivery by requiring explicit attestations of accuracy from recipients and guardians.
• Expands or clarifies which services must use EVV and how signatures are captured.

Significant Changes to Law

• Explicitly defines mandatory EVV data elements and attestation requirements.
• Requires EVV systems to be compliant with the 21st Century Cures Act.
• Broadens or clarifies the range of services subject to EVV, including high-risk provider types and other programs designated by the commissioner.
• Establishes flexible methods for obtaining signatures to reflect the needs of different recipients and guardians.

Relevant changes to practice may include new processes for collecting acknowledgments, increased oversight of EVV data accuracy, and alignment with federal criminal penalties for false EVV information.

Relevant Terms electronic visit verification, EVV, EVV system, 21st Century Cures Act, Public Law 114-255, personal care assistance, PCA, Community First Services and Supports, Home Health Services, provider types designated high-risk, unique provider identifier, signature, attestation, service recipient, service recipient’s legal guardian, conservator, parent (if minor), federal crime, Minnesota Statutes 256B.073 subdivision 2, 256B.0625, 256B.0659, 256B.85, 256B.04 subdivision 21.