21st Century CURES Act
What is it?
• The CURES Act is designed to improve the quality of care provided to individuals through further research, enhance quality control, and strengthen mental health parity.
How does the CURES Act apply to HCBS programs?
• Section 12006 of the CURES Act requires states to implement an EVV system for Personal Care Services (PCS) by 1/1/19 and for Home Health Care Services (HHCS) by 1/1/23. Other Requirements: • The Secretary of Health and Human Services is required to collect and disseminate best practices regarding: – The training on the operation of EVV systems for individuals who furnish PCS, HHCS, or both. – The provision of notice and educational materials to family caregivers and beneficiaries with respect to the use of EVV.
Penalties for Non‐Compliance with Section 12006 of the CURES Act:
The CURES Act (Section 12006(a)(1)(A)) requires that states that do not comply with the CURES Act by the applicable deadlines will have their Federal Medical Assistance Percentage (FMAP) reduced.
Per 1915(c) Technical Guide, the FMAP is the: “Federal Medicaid matching rate for medical assistance furnished under the state plan. FMAP rates are re‐calculated annually under the formula set forth in §1903(b) of the Social Security Act.”
EVV Requirements per Section 12006 of the CURES Act
EVV Systems Must Verify: • Type of service performed; • Individual receiving the service; • Date of the service; • Location of service delivery; • Individual providing the service; • Time the service begins and ends.
Required Medicaid Authorities per Section 12006 of The CURES Act
Medicaid PCS Authorities Subject to EVV Requirements • 1905(a)(24) State Plan Personal Care benefit; • 1915(c) HCBS Waivers; • 1915(i) HCBS State Plan option; • 1915(j) Self‐directed Personal Attendant Care Services; • 1915(k) Community First Choice State Plan option; • 1115 Demonstration
Medicaid HHCS Authorities Subject to EVV Requirements: • 1905(a)(7) State Plan Home Health Services • Home health services authorized under a waiver of the plan