SF4970

Purpose

• Update Minnesota law to modify electronic visit verification (EVV) requirements for certain health and home-based services, aligning state practice with federal standards and the 21st Century Cures Act.

Key Definitions and Terms (what EVV covers)

• Electronic visit verification (EVV) means electronically documenting:
  • the type of service performed
  • the service recipient’s full name
  • the service date
  • the service location
  • the individual providing the service
  • the time the service begins and ends
  • the provider’s full name, unique provider identifier (if any), and title (or, if multiple providers, the person to whom the employer has delegated verification responsibility)
  • signatures by the service recipient’s designated signer attesting to accuracy and acknowledging that false information on EVV is a federal crime
  • method by which the service recipient’s legal guardian, conservator, or parent (if the recipient is a minor) attests to accuracy
• Electronic visit verification system: a system that provides EVV and complies with the 21st Century Cures Act and related subdivision requirements.
• Service: includes several categories that must be electronically verified, such as:
  • personal care assistance services
  • community first services and supports
  • home health services
  • services of provider types designated high-risk by the commissioner
  • other medical supplies and equipment or home- and community-based services required to be EVV by the 21st Century Cures Act
  • any other program or service designated by the commissioner

Main Provisions

• Section 1: Amends Minnesota Statutes 2024 section 256B.073 subdivision 2 to add detailed EVV definitions, EVV system criteria, and the list of services subject to EVV.
  • EVV documentation must include service type, recipient information, service dates, locations, providers, and timeframes, plus provider and verifier signatures and attestation to accuracy.
• Section 1c: Defines EVV system as one that provides electronic verification of services in compliance with the 21st Century Cures Act and the related state requirements.
• Section 1d: Expands the list of services that must be electronically verified to include personal care, community-based supports, home health, high-risk provider services, other applicable medical/home-based services, and any other program designated by the commissioner.
• Section 2: Directs the Commissioner of Human Services to develop methods for collecting the required signatures (service recipient, guardian/conservator, or parent for minors) attesting to accuracy and acknowledging that providing false information on EVV is a federal crime.
  • The methods created by the commissioner may vary to meet the needs of different recipients or circumstances.

Significant Changes to Existing Law

• Adds and clarifies the specific data elements required for EVV records, including names, identifiers, signatures, and attestations.
• Explicitly ties EVV to the 21st Century Cures Act and requires the state’s EVV system to meet those federal standards.
• Broadens the scope of services subject to EVV to include additional home- and community-based services and high-risk provider categories as designated by the commissioner.
• Establishes a formal requirement for the department to implement signature-collection methods that acknowledge federal crime penalties for false EVV information, with flexibility to accommodate individual needs.

Practical Implications

• Providers, recipients, and guardians may experience changes to documentation requirements, including signature attestations.
• The state will provide or require an EVV system that meets federal standards, potentially increasing consistency with federal programs and audits.
• There could be increased accountability and potential penalties for false EVV information, reinforced through attestation language.

Implementation Notes

• The commissioner is charged with developing and implementing signature-collection methods; no specific deadline is shown in the excerpt, but implementation would follow adoption of the definitions and service scope.

Relevant Terms - electronic visit verification (EVV) - EVV system - 21st Century Cures Act (Public Law 114-255) - Minnesota Statutes 256B.073 subdivision 2 - service recipient - guardian or conservator - parent (of a minor) - provider identifier - unique provider identifier - attestation - federal crime (for false EVV information) - personal care assistance services - community first services and supports - home health services - high-risk provider types - commissioner of human services - electronic documentation - service location - service start and end times - signature collection methods