On Monday, July 30, 2018, the President signed into law H.R. 6042, which provides a 12-month delay in FMAP penalties for personal care services delivered without Electronic Visit Verification. 

The bill, H.R.6042, was introduced by Congressman Brett Guthrie, Congresswoman Diana DeGette and Congressman James Langevin in the House of Representatives on June 7, 2018. It was agreed to by voice vote on June 19 and went to the Senate for consideration. On July 17, the bill passed in the Senate without amendment by unanimous consent. 

“Many of our most vulnerable Medicaid patients rely on home health visits for their health care services, but sadly, fraud and abuse in the system have prevented some of these patients from receiving proper care,” said Guthrie. “My bill will help to make sure EVV systems are implemented in a way that these patients can get the care they need. I want to thank Congresswoman DeGette, Congressman Langevin, and Senator Portman for working with me to address this issue, and I want to especially thank President Trump for signing this commonsense bill into law.”

The delay gives states more time to comply with the 21st Century Cures Act without penalty, but it doesn’t remove the requirement to do so.