EVV Lawsuits: Everything You Need to Know

What is EVV?

Electronic Visit Verification (EVV) is a system that uses technology to track the start and end times of home healthcare visits. EVV systems typically use GPS or other location-based technology to verify that the caregiver is at the recipient’s location during the time of service.

Why is EVV important?

EVV is important for preventing fraud and ensuring that home healthcare recipients are receiving the services they need. EVV systems can also help to improve the quality of care by providing data on caregiver performance and service delivery.

What are EVV lawsuits?

EVV lawsuits are legal challenges to the implementation or use of EVV systems. These lawsuits have been filed by home healthcare providers, recipients, and advocacy groups. The most common claims raised in EVV lawsuits include:

  • Privacy concerns: Some EVV systems use GPS tracking, which raises concerns about the privacy of home healthcare recipients.
  • Accuracy concerns: Critics of EVV argue that the systems are not always accurate, which can lead to caregivers being denied payment for services they provided.
  • Burden on providers and recipients: EVV systems can add an administrative burden to home healthcare providers and recipients.

EVV lawsuits in the United States

There have been a number of EVV lawsuits filed in the United States. Some of the most notable cases include:

  • In 2019, a group of home healthcare providers in Connecticut filed a class-action lawsuit against the state, alleging that its EVV system was unfair and discriminatory.
  • In 2020, a federal judge in New York blocked the state’s EVV system from taking effect, citing concerns about privacy.
  • In 2021, a group of home healthcare recipients in California filed a lawsuit against the state, alleging that its EVV system was inaccurate and had caused them to lose access to care.

The future of EVV lawsuits

It is likely that EVV lawsuits will continue to be filed in the United States. As states continue to implement EVV systems, more people will be affected by the technology. This could lead to more legal challenges, particularly from people who have concerns about privacy or who have been harmed by inaccurate EVV data.

FAQs:

Q: Do I need to use an EVV system?

A: Whether or not you need to use an EVV system depends on your state. The federal government requires all states to implement EVV systems for Medicaid-funded home healthcare services by 2023. However, some states have already implemented EVV systems, while others are still in the process of doing so.

Q: What are my rights if I am required to use an EVV system?

A: If you are required to use an EVV system, you have the right to know how your data is being used and to opt out of GPS tracking. You also have the right to file a complaint if you believe that your privacy has been violated or that the EVV system has caused you harm.

Q: Who can I contact if I have questions or concerns about EVV?

A: You can contact your state Medicaid agency or the Center for Medicare & Medicaid Services (CMS) with questions or concerns about EVV.

Q: Are there any resources available to help me learn more about EVV?

A: Yes, there are a number of resources available to help you learn more about EVV. The National Council on Independent Living (NCIL) has a website with information on EVV, including a guide for people who are required to use an EVV system. CMS also has a website with information on EVV, including a FAQ page.

Q: What can I do if I am unhappy with my EVV system?

A: If you are unhappy with your EVV system, you can contact your state Medicaid agency to file a complaint. You can also contact your elected officials to advocate for changes to the EVV system.

Conclusion

EVV is an important tool for preventing fraud and ensuring that home healthcare recipients are receiving the services they need. However, EVV systems can also raise concerns about privacy and accuracy. It is important for home healthcare providers and recipients to be aware of their rights and to contact their state Medicaid agency or CMS with any questions or concerns.

References:

  • National Council on Independent Living: https://www.ncil.org/
  • Center for Medicare & Medicaid Services: https://www.cms.gov/
  • Home Health Care News: https://homehealthcarenews.com/

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