Section 354.4007 - EVV System(a) A program provider or FMSA must use one of the following EVV systems to electronically document the provision of a service described in § 354.4005 or § 354.4006 of this subchapter (relating to Personal Care Services that Require the Use of EVV and Home Health Care Services that Require the use of EVV): (1) an EVV vendor system; or(2) an EVV proprietary system.(b) A CDS employer must use the EVV system selected by their FMSA.(c) Except as provided in subsection (d) of this section, a program provider, an FMSA, and a CDS employer must ensure that a service provider uses an EVV system to electronically document the provision of a service described in § 354.4005 or § 354.4006 of this subchapter as described in the EVV Policy Handbook.(d) If a service provider fails to use an EVV system to document the provision of a service described in § 354.4005 or § 354.4006 of this subchapter or if a service provider cannot use an EVV system because the EVV system is unavailable, a program provider, FMSA or a CDS employer must: (1) ensure the data elements required by § 354.4009(a)(1) of this subchapter (relating to EVV Visit Transaction and EVV Claim) are accurate; and(2) complete visit maintenance.(e) If a program provider or an FMSA does not comply with subsections (a), (c), or (d) of this section, HHSC or an MCO may do one or more of the following: (1) deny payment for a service;(2) take enforcement action including: (A) requiring a program provider or FMSA to complete a corrective action plan; or(B) propose to terminate the contract of the program provider or FMSA.(f) If a CDS employer does not comply with subsections (b), (c), or (d) of this section, HHSC or an MCO may: (1) require the CDS employer to complete a corrective action plan; or(2) propose to terminate the member's participation in the CDS option.1 Tex. Admin. Code § 354.4007
Adopted by Texas Register, Volume 45, Number 51, December 18, 2020, TexReg 9179, eff. 12/23/2020; Adopted by Texas Register, Volume 48, Number 49, December 8, 2023, TexReg 7171, eff. 1/1/2024