I 

114TH CONGRESS 

1ST SESSION H. R. 2446 

To amend title XIX of the Social Security Act to require the use of electronic 

visit verification for personal care services furnished under the Medicaid 

program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2015 

Mr. GUTHRIE introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to require 

the use of electronic visit verification for personal care 

services furnished under the Medicaid program, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ELECTRONIC VISIT VERIFICATION SYSTEM RE4 QUIRED FOR PERSONAL CARE SERVICES 

5 UNDER MEDICAID. 

6 (a) IN GENERAL.—Section 1903 of the Social Secu7 rity Act (42 U.S.C. 1396b) is amended by inserting after 

8 subsection (k) the following new subsection: 


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1 ‘‘(l)(1) Subject to paragraph (2), with respect to any 

2 amount expended for medical assistance for services de3 scribed in section 1915(d)(5)(C)(i) or such similar services 

4 as the Secretary may specify furnished in a calendar quar5 ter beginning on or after January 1, 2018, unless a State 

6 has in place an electronic visit verification system for per7 sonal care services specified under regulations under sec8 tion 1905(a)(24) furnished in such quarter, the Federal 

9 medical assistance percentage shall be reduced— 

10 ‘‘(A) for calendar quarters in 2018 and 2019, 

11 by .25 percentage points; 

12 ‘‘(B) for calendar quarters in 2020, by .5 per13 cent percentage points; 

14 ‘‘(C) for calendar quarters in 2021, by .75 per15 centage points; and 

16 ‘‘(D) for calendar quarters in 2022 and each 

17 year thereafter, by 1 percentage point. 

18 ‘‘(2) Paragraph (1) shall not apply in the case of a 

19 State that, as of the date of the enactment of this sub20 section, has in place any system for the electronic 

21 verification of visits conducted as part of personal care 

22 services specified under regulations under section 

23 1905(a)(24) furnished under the State plan. 

24 ‘‘(3) In this subsection, the term ‘electronic visit 

25 verification system’ means a system under which visits 


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1 conducted as part of personal care services specified under 

2 regulations under section 1905(a)(24) furnished under the 

3 State plan are electronically verified with respect to— 

4 ‘‘(A) the date of the service; 

5 ‘‘(B) the site of the service; 

6 ‘‘(C) the provider of the service; and 

7 ‘‘(D) the duration of the service.’’. 

8 (b) RULE OF CONSTRUCTION.—Nothing in the 

9 amendment made by this section may be construed as es10 tablishing an employer-employee relationship between the 

11 agency or entity that provides for personal care services 

12 specified under regulations under section 1905(a)(24) of 

13 the Social Security Act (42 U.S.C. 1396d(a)(24)) under 

14 a State plan under title XIX of the Social Security Act 

15 and the individuals who, under a contract with such an 

16 agency or entity, furnish such services for purposes of part 

17 552 of title 29, Code of Federal Regulations (or any suc18 cessor regulations). 

Æ 


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