Halt the Implementation of Electronic Visit Verification in Ohio
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On January 8th, 2018 Electronic Visit Verification was implemented in the state of Ohio. This is due to a Federal Law known as the 21st Century Cures Act. This law is mental health bill. It also works with the use of technology and apps in healthcare. EVV is a portion of this law. It is supposed to help cut down on fraud within homecare. This is a Federal mandate meaning all states must implement this in their home and community based waiver programs by 2019.
The law requires the implementation process to be "minimally burdensome" as welll as a requirement that allows for beneficiaries, family caregivers, and providers to have a fair input process with stakeholders.
In Ohio the process has NOT been "minimally burdensome" in fact it's caused much chaos to the disability community, beneficiaries, families and providers.Ohio has taken the law in their own hands. They have ignored the Federal Implementation process.. They also have "Purposely" cut out beneficaries from the stakeholder process which goes against the law for implementation.
In December 2017 was the first time that many consumers around the State of Ohio heard of EVV. This is because it was the first time that the Ohio Department of Medicaid sent written notice to beneficiaries about EVV. Some people didn't get this notice and their first notification was a nice little box from Sandata Technologies on their door step. This is hardly a fair implementation process..
Ohio held stakeholder calls for most of 2017. There were only handful of people who knew about these calls. Disabillity Rights groups, the Olmstead Task Force, and other advocates knew about these groups no one really wanted to inform the people having to use these devices.
The EVV devices look like military grade cell phones. They come with the features of a double sided camera, microphone and a built in GPS. (Federal Law doesn't require GPS, it only requires location) The devices aren't supposed to work outside a 1000 ft radius of home unless an exception is entered into the device. These devices are for "Home and Community" based waivers. Let me emphasize the word Community... So these devices shouldn't require this exception rule for care as many consumers have providers take them places outside the home.
This device potentially violates several rules including the 2016 Centers for Medicare and Medicaid Services ruling that states, "A person isn't required to be homebound to recieve Medicaid services." Not only is it a violation of this law it also violates many privacy laws, the U.S. Consitution, as well as laws like ADA and Olmstead.
Ohio Medicaid does not care about the consumers like they should. If they are going to require us to follow a Federal Law they must also follow the Federal Law. This petition is to make a statement that we are not going to tolerate our rights being violated.
Disability Rights Ohio had released a statement back in September of 2017 about EVV. They cited many concerns about privacy and other issues. Their comments can be found through this link https://www.disabilityrightsohio.org/news/dro-provides-comments-on-ohios-proposed-electronic-visit-verification-system
In December 2017, DRO sent another letter to Ohio Department of Medicaid asking again to stop the implementation of EVV.
Several Disability Rights Advocates around the state are in agreement that EVV is an invasion of privacy.
The National Council on Independent Living opposed EVV from the beginning. They have released a statement about Electronic Visit Verification. http://www.advocacymonitor.com/ncil-position-opposing-electronic-visit-verification/
Those who have devices have encountered many problems such as data breaches, spending hours on hold with no end result with Sandata the stakeholder that supplies these devices. Also some people have encountered issues where the device is snapping photos. This is hardly a time clock.
It is wreaking havoc on the diability community, families, and providers lives. We are losing providers. There are not enough agencies to cover consumer care. There is a heightened risk for the complex disabled and medically fragile to end up Ohio's short staffed nursing homes and institutions.
Please help us stop EVV! Please help stop our rights from being violated. There are less invasive approaches that don't require GPS monitoring.
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