Vol. 35 Iss. 2 - September 17, 2018

Chapter 60
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending 12VAC30-60, Standards Established and Methods Used to Assure High Quality Care, as well as other relevant regulations. The purpose of the proposed action is to comply with the 21st Century CURES Act (114 USC § 255), Item 306 YYYY of Chapter 836 of the 2017 Acts of Assembly, and Public Law 115-222 by requiring providers of personal assistance, respite, and companion services to use, effective January 1, 2020, electronic visit verification (EVV) systems. The EVV system selected by providers must comply with the federal requirements of the CURES Act and should meet best practices. The agency is considering using an open vendor model that allows managed care organizations and fee for service providers to use HIPAA compliant systems of their choice. This action will also modify regulatory service limits for personal assistance, respite, and companion services to comply with the functionality of EVV systems. Respite services rendered by Department of Behavioral Health and Developmental Services licensed providers are to be exempted from the EVV requirements by action of the General Assembly. The CURES Act mandates the use of EVV systems for home health services effective January 1, 2023.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Public Comment Deadline: October 17, 2018.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email

VA.R. Doc. No. R19-5467; Filed August 23, 2018, 11:40 a.m.