An Act To Establish Electronic Visit Verification for In-home and Community-based Health Care Workers
Maine Legislature, Session 129, LD 1970
Committee: Health and Human Services
Sponsors: CLAXTON, McCREIGHT, MOORE
Amends: 22 MRSA §7310

Legislative Document
No. 1970
S.P. 672
In Senate, January 8, 2020
An Act To Establish Electronic Visit Verification for In-home and 
Community-based Health Care Workers
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CLAXTON of Androscoggin.
Cosponsored by Representative McCREIGHT of Harpswell and
Senators: MOORE of Washington, SANBORN, L. of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §7310 is enacted to read:
§7310.  Electronic visit verification
1.  Definitions.  For purposes of this section, the following terms have the following 
meanings.
A.  "Electronic visit verification" means the electronic documentation of the 
performance of a service, including the type of service performed, the individual 
receiving the service, the date of the service, the location of the service delivery, the 
individual providing the service and the time that the service begins and ends.
B.  "Electronic visit verification system" means a system that provides electronic visit 
verification that complies with subsection 3 and the federal 21st Century Cures Act, 
United States Code, Section 1396b(l).
C.  "Provider" means an entity, agency, facility or individual who offers or plans to 
offer any services.
D.  "Service" means personal care services and home health care services as defined 
in the federal 21st Century Cures Act, 42 United States Code, Section 1396b(l).
2.  Documentation; establishment.  The commissioner shall establish an electronic 
visit verification system with respect to services, including implementation requirements 
and standards for electronic visit verification that comply with the federal 21st Century 
Cures Act, 42 United States Code, Section 1396b(l).
3.  Department requirements.  The department has the following duties and 
responsibilities.
A.  The department shall develop implementation requirements for electronic visit 
verification systems.  In developing implementation requirements, the commissioner 
shall ensure that the requirements:
(1)  Are minimally administratively and financially burdensome to the provider 
and the direct care workers employed by the provider to deliver the service;
(2)  Are minimally burdensome to the service recipient and the least disruptive to 
the service recipients in receiving and maintaining allowed services;
(3)  Consider existing best practices and existing use of electronic visit 
verification;
(4)  Are no more restrictive than applicable federal laws;
(5)  Are effective methods for preventing fraud when balanced against the 
requirements of subparagraphs (1) and (2);
(6)  Are consistent with the department's policies related to MaineCare-covered 
services, flexibility of service use and quality assurance; and
(7)  Take into account the perspectives and experiences of direct care workers 
and the providers that employ those workers and support them in delivering 
services.
B.  The commissioner shall make training available to providers and direct care 
workers on the electronic visit verification system established pursuant to subsection 
and the operational methods of complying with the system's requirements.
C.  The commissioner shall establish baseline measurements related to preventing 
fraud in the use of electronic visit verification and establish measures to determine 
the effect of electronic visit verification requirements on the integrity of the program 
under which services are provided.
D.  The commissioner shall make the electronic visit verification system established 
pursuant to subsection 2 available to providers but must allow the use of other 
electronic visit verification systems as provided in subsection 4.
E.  The commissioner may not reduce MaineCare reimbursement rates for providers 
as a result of federal action to reduce the federal medical assistance percentage under 
the federal 21st Century Cures Act, 42 United States Code, Section 1396b(l).
4.  Provider requirements.  A provider has the following duties and responsibilities.
A.  A provider of services may select any electronic visit verification system that 
meets the requirements established by the commissioner pursuant to subsection 3, 
paragraph A.
B.  An electronic visit verification system used by a provider must provide data to the 
commissioner in a format and at a frequency to be established by the commissioner.
C.  A provider shall implement an electronic visit verification system consistent with 
this section by the date established by the United States Department of Health and 
Human Services, Centers for Medicare and Medicaid Services for the State's 
compliance with the federal 21st Century Cures Act, 42 United States Code, Section 
1396b(l).  If a good faith effort exemption is approved by the United States 
Department of Health and Human Services, Centers for Medicare and Medicaid 
Services, the date of required implementation by providers is the date of required 
compliance under the exemption.
SUMMARY
This bill governs the implementation by the Commissioner of Health and Human 
Services of the federal requirements for electronic visit verification with respect to 
personal care services and home health care services for adults with long-term care needs 
under the federal 21st Century Cures Act.