1. (a) A program provider and an FMSA must:

   1. (1) ensure that an EVV visit transaction contains the data elements required by the EVV system, including:

      1. (A) the first and last name of the member who received the service;
      2. (B) the type of service provided;
      3. (C) the date the service was provided;
      4. (D) the time the service began and the time the service ended;
      5. (E) the first and last name of the service provider who provided the service;
      6. (F) the location, including the address or geolocation, where the service was provided; and
      7. (G) other information HHSC determines necessary to ensure the accurate payment of a claim for services, as described in the EVV Policy Handbook; and
   2. (2) ensure the data elements required by paragraph (1) of this subsection are accurate.

2. (b) A CDS employer who elects to complete visit maintenance on the HHSC Employer's Selection for Electronic Visit Verification Responsibilities form must:

   1. (1) ensure that an EVV visit transaction contains the data elements required by the EVV system, including those listed in subsection (a)(1) of this section; and
   2. (2) ensure the data elements required by paragraph (1) of this subsection are accurate.

3. (c) A program provider and an FMSA must:

   1. (1) before submitting an EVV claim:

      1. (A) ensure that the EVV visit transaction is transmitted to and accepted by the EVV Portal; and
      2. (B) ensure that the data elements on the EVV claim match the data elements in the accepted EVV visit transaction; and
   2. (2) submit the EVV claim in accordance with HHSC or MCO billing requirements and the EVV Policy Handbook.

4. (d) HHSC or an MCO denies an EVV claim or recoups a payment made to a program provider or an FMSA if the EVV claim does not meet requirements described in the EVV Policy Handbook, including if:

   1. (1) the EVV claim does not match the accepted EVV visit transaction; or
   2. (2) there is no accepted EVV visit transaction that supports the EVV claim.

Source Note:The provisions of this §354.4009 adopted to be effective January 1, 2024, 48 TexReg 7171.