1. (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. (1) an EVV vendor system; or
   2. (2) an EVV proprietary system.
2. (b) A CDS employer must use the EVV system selected by their FMSA.
3. (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.

4. (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. (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. (2) complete visit maintenance.

5. (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. (1) deny payment for a service;

   2. (2) take enforcement action including:

      1. (A) requiring a program provider or FMSA to complete a corrective action plan; or
      2. (B) propose to terminate the contract of the program provider or FMSA.

6. (f) If a CDS employer does not comply with subsections (b), (c), or (d) of this section, HHSC or an MCO may:

   1. (1) require the CDS employer to complete a corrective action plan; or
   2. (2) propose to terminate the member's participation in the CDS option.

Source Note:The provisions of this §354.4007 adopted to be effective January 1, 2024, 48 TexReg 7171.