Response to 30-day Comments

Electronic Visit Verification Compliance Survey

CMS-10680, OMB 0938-TBD (New)

Response to Public Comments – March, 2019

Comment: The Centers for Medicare and Medicaid Services (CMS) received one comment in response to the public comment request for the Electronic Visit Verification Compliance Survey posted to the Federal Register on February 14, 2019. The comment was from the National Association of States United for Aging and Disabilities (NASUAD) and it discussed technical issues with survey question language, duplication of effort concerns regarding questions on Advanced Planning Documents (APDs), and concerns regarding the inability of states to submit nuanced information (e.g., states not able to report on individual 1915(c) waivers, varying degrees of possible compliance within a state, etc.).

CMS Response: CMS supports and appreciates the proposed technical corrections, however believes the questions regarding APDs are appropriate and should remain in the survey. CMS understands the concern that states may have varying implementation timelines for discrete 1915(c) waivers, however does not plan on monitoring EVV compliance at the individual waiver level at this time. The 21^st Century Cures Act lists the specific authorities that are required to be compliant and CMS plans to assess compliance at that level. CMS also understands the concern around definitions of compliance and will take this into consideration as it prepares future guidance for states.

Action(s) Taken: CMS greatly appreciates this feedback and will revise the survey instrument to reflect the proposed technical corrections. CMS will also continue to work with states and other stakeholders to ensure expectations for compliance are well-defined and understood.