SF3861

Purpose

Expand the list of health and human services that require electronic visit verification (EVV) to improve documenting when and where services are provided, who delivers them, and when they start and end.

Key definitions

• Electronic visit verification (EVV): Electronic documentation of the service type, person receiving the service, service date, service location, the provider, and the start and end times.
• EVV system: A system that electronically verifies services and meets the standards of the 21st Century Cures Act (Public Law 114-255) and the bill’s rules.
• Service (for EVV): Several kinds of health and home-based services, including:
  • Personal care assistance services
  • Community first services and supports
  • Home health services
  • All services delivered by a provider considered “high-risk” by the commissioner (based on Medicare criteria in 42 CFR 424.518)
  • Services designated as high-risk by the commissioner
  • Other medical supplies, equipment, or home and community-based services that must be electronically verified by the 21st Century Cures Act
  • Any other program or service designated by the commissioner

Main provisions

• The bill amends Minnesota Statutes to add or broaden the list of services subject to EVV.
• It ties EVV requirements to federal standards under the 21st Century Cures Act and ensures any service listed by the commissioner can be verified electronically.
• It references specific Minnesota programs and sections (e.g., personal care assistance, home health, community supports) as examples of EVV-covered services.
• It allows the commissioner to designate additional services or provider types as requiring EVV in the future.

Significant changes to existing law

• Expands the set of services that must use EVV beyond the current list, to include:
  • High-risk provider types and other programs the commissioner may designate
  • All services and items that must be electronically verified under the 21st Century Cures Act
• Reaffirms alignment with federal EVV requirements and creates a pathway for ongoing designation of new EVV services by the commissioner.

Implications and implementation notes

• Health and human service providers that fall into the expanded EVV categories will need to use an EVV system to document visits.
• Documentation will include service type, recipient, date, location, provider, and start/end times.
• The commissioner has authority to add more EVV-covered services or provider types in the future.

Notable considerations

• The bill emphasizes compliance with federal law (the 21st Century Cures Act) and Minnesota’s own statutes, which may require updates to agency rules and provider practices.
• This can affect billing, auditing, and program oversight for Medicaid or state-funded services that use EVV.

Relevant Terms - electronic visit verification (EVV) - EVV system - 21st Century Cures Act (Public Law 114-255) - Minnesota Statutes 2024 section 256B.073 subdivision 2 - personal care assistance services - community first services and supports - home health services - provider type designated high-risk - commissioner - 42 CFR 424.518 - high-risk services - electronic documentation - service type, recipient, date, location, provider, start time, end time - Medicaid/home and community-based services