Policy Corner: July 20, 2018

Bill Sent to President to Delay Electronic Visit Verification Program for Personal Care Services

The Senate passed H.R. 6042 Tuesday. This bill will delay by one year the requirement for states to implement the electronic visit verification (EVV) systems for Medicaid-funded personal care services as called for in the 21^st Century Cures Act passed in 2016. If the president signs the bill, states will have until January 2020 to comply with federal EVV requirements. The bill also requires the Centers for Medicare and Medicaid Services (CMS) to engage with stakeholders on the implementation process. EVV refers to technology a caregiver uses during a home visit, such as a mobile application or phone system, that captures information including the time when service begins and ends, as well as locations where personal care services were provided.

The 21^st Century Cures Act required EVV systems to be in place for Medicaid personal care services by Jan. 1, 2019, and Medicaid home health services by Jan. 1, 2023. States that failed to implement EVV for personal care services by 2019 would lose up to one percent of Medicaid funding. There has been some pushback by disability advocates and providers calling for the delay of this requirement, hence the bill that just passed. Rep. Brett Guthrie (R-Ky.) sponsored the legislation.

House VA Committee Creates New Subcommittee

The House Committee on Veterans’ Affairs approved the creation and leadership of a new Subcommittee on Technology Modernization late last week. Chairman Phil Roe, M.D. (R-Tenn.) and Ranking Member Walz (D-Minn.) proposed the new subcommittee on June 20. The subcommittee will focus on oversight of Department of Veterans Affairs (VA) technology projects, specifically the Electronic Health Record (EHR) Modernization program. Rep. Jim Banks (R-Ind.) will chair the subcommittee and Rep. Conor Lamb (D-Pa.) will serve as the Ranking Member.

BIAA Opposes the Administration’s Cuts to the Health Care Navigator Program

The Administration announced last week that it was cutting funding from $36 million to $10 million to nonprofit groups that help Americans buy individual health insurance coverage known as the Navigator program. Last year, the Administration cut advertising and other outreach activities carried out by the program by 40 percent. In response to these recent cuts, the Brain Injury Association of America (BIAA) signed on to a letter to the Health and Human Services Secretary Alex Azar and the Administrator of Centers for Medicare and Medicaid Services (CMS), Seema Verma, expressing concern that these cuts will hamper Americans’ ability to obtain affordable coverage. The letter urges the administrators to restore funding for outreach and enrollment activities as soon as possible.

The organizations also expressed deep concerns that alternative health insurance products, including short-term, limited duration plans and association health plans (AHPs) will be promoted alongside comprehensive, ACA-compliant plans, as well as Medicaid and Medicare. AHPs and short-term plans have a long history of leaving enrollees with medical debt while also denying coverage for even basic medical care.

BIAA gratefully acknowledges the Centre for Neuro Skills and Avanir Pharmaceuticals for their support for legislative action.