,,ii #aadth ,,congress #ast ,session ,s4 #bdaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ag1 #bjae ,mr4 ,grassley introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend titles ,,xviii and ,,xix of the ,social ,security ,act to require the use of electronic visit verification systems for home health services under the ,medicare program and personal care services and home health care services under the ,medicaid program4 #a4 ,short title ,this ,act may be cited as the ,verifying ,electronically the ,receipt of ,in-,home ,care ,for ,individuals ,act or the ,,verifi ,act4 #b4 ,requirement that ,medicare home health agencies have in place an electronic visit verification system 7a7 ,condition of participation ,section #ahia7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;bbb7a77 is amended by adding at the end the following new paragraph3 7#g7 7,a7 ,in the case of home health services furnished on or after ,january #a1 #bjah1 the agency has in place an electronic visit verification system that meets standards established by the ,secretary4 7,b7 ,in this paragraph1 the term electronic visit verification system means a system under which visits conducted as part of home health services furnished by a home health agency are electronically verified by the agency with respect to-- 7i7 the type of service performed2 7ii7 the individual receiving the service2 7iii7 the date of the service2 7iv7 the location of the service is furnished2 7v7 the individual furnishing the service2 and 7vi7 the time the service begins and ends4 7,c7 ,by not later than ,july #a1 #bjag1 the ,secretary shall establish standards for electronic visit verification systems4 ,in establishing such standards1 the ,secretary shall consult with home health agencies to ensure that such standards-- 7i7 are minimally burdensome2 7ii7 take into account existing best practices and electronic visit verification systems in use2 and 7iii7 require that the systems are conducted in accordance with the requirements of ,,hipaa privacy and security law 7as defined in section #cjji of the ,public ,health ,service ,act74 4 7b7 ,rules of construction 7#a7 ,no employer-employee relationship established ,nothing in the amendment made by this section may be construed as establishing an employer-employee relationship between the home health agency and the individuals who1 under a contract with such an agency1 furnish such services for purposes of part #eeb of title #bi1 ,code of ,federal ,regulations 7or any successor regulations74 7#b7 ,no particular or uniform electronic visit verification system required ,nothing in the amendment made by this section shall be construed to require the use of a particular or uniform electronic visit verification system 7as defined in paragraph 7#g77;,b7 of section #ahia7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;bbb7a771 as added by subsection 7a77 by all agencies that furnish home health services under title ,,xviii of such ,act4 7#c7 ,no limits on provision of care ,nothing in the amendment made by this section may be construed to limit1 with respect to home health services furnished under title ,,xviii of the ,social ,security ,act1 provider selection1 constrain beneficiaries' selection of a caregiver1 or impede the manner in which care is furnished4 #c4 ,electronic visit verification system required for personal care services and home health care services under ,medicaid 7a7 ,in general ,section #aijc of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7 is amended by inserting after subsection 7k7 the following new subsection3 7l7 7#a7 ,subject to paragraph 7#c71 with respect to any amount expended for medical assistance for personal care services or home health care services provided under a ,state plan under this title 7or under a waiver of the plan7 furnished in a calendar quarter beginning on or after ,january #a1 #bjai1 unless a ,state requires the use of an electronic visit verification system for both personal care services and home health care services furnished in such quarter under the plan or such waiver1 the ,federal medical assistance percentage shall be reduced-- 7,a7 for calendar quarters in #bjai and #bjbj1 by 4#be percentage points2 7,b7 for calendar quarters in #bjba1 by 4#e percentage points2 7,c7 for calendar quarters in #bjbb1 by 4#ge percentage points2 and 7,d7 for calendar quarters in #bjbc and each year thereafter1 by #a percentage point4 7#b7 ,subject to paragraph 7#c71 in implementing the requirement for the use of an electronic visit verification system under paragraph 7#a71 a ,state shall consult with agencies and entities that provide personal care services1 home health care services1 or both under the ,state plan 7or under a waiver of the plan7 to ensure that such system-- 7,a7 is minimally burdensome2 7,b7 takes into account existing best practices and electronic visit verification systems in use in the ,state2 and 7,c7 is conducted in accordance with the requirements of ,,hipaa privacy and security law 7as defined in section #cjji of the ,public ,health ,service ,act74 7#c7 ,paragraphs 7#a7 and 7#b7 shall not apply in the case of a ,state that1 as of the date of the enactment of this subsection1 requires the use of any system for the electronic verification of visits conducted as part of both personal care services or home health care services4 7#d7 ,in this subsection3 7,a7 ,the term electronic visit verification system means1 with respect to personal care services or home health care services1 a system under which visits conducted as part of such services are electronically verified with respect to-- 7i7 the type of service performed2 7ii7 the individual receiving the service2 7iii7 the date of the service2 7iv7 the location of service delivery2 7v7 the individual providing the service2 and 7vi7 the time the service begins and ends4 7,b7 ,the term home health care services means services described in section #aije7;a77#g7 provided under a ,state plan under this title 7or under a waiver of the plan74 7,c7 ,the term personal care services means personal care services provided under a ,state plan under this title 7or under a waiver of the plan71 including services provided under section #aije7;a77#bd71 #aiae7;c71 #aiae7;i71 #aiae7;j71 or #aiae7k7 or under a waiver under section #aaae4 4 7b7 ,rules of construction 7#a7 ,no employer-employee relationship established ,nothing in the amendment made by this section may be construed as establishing an employer-employee relationship between the agency or entity that provides for personal care services or home health care services and the individuals who1 under a contract with such an agency or entity1 furnish such services for purposes of part #eeb of title #bi1 ,code of ,federal ,regulations 7or any successor regulations74 7#b7 ,no particular or uniform electronic visit verification system required ,nothing in the amendment made by this section shall be construed to require the use of a particular or uniform electronic visit verification system 7as defined in subsection 7l77#d7 of section #aijc of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b71 as inserted by subsection 7a77 by all agencies or entities that provide personal care services or home health care services under a ,state plan under title ,,xix of the ,social ,security ,act 7or under a waiver of the plan74 7#c7 ,no limits on provision of care ,nothing in the amendment made by this section may be construed to limit1 with respect to personal care services or home health care services provided under a ,state plan under title ,,xix of the ,social ,security ,act 7or under a waiver of the plan71 provider selection1 constrain beneficiaries' selection of a caregiver1 or impede the manner in which care is delivered4