HOUSE CONCURRENT RESOLUTION 53

(By Delegates Dean, Summers, Worrell, Steele, Hardy, Smith, Hite, Keaton, Hanna, Cannon, and Skaff)

February 24, 2023

Referred to the Committee on Health and Human Resources then the Committee on Rules

Requesting the Legislative Oversight Commission on Health and Human Resources Accountability study the implementation of Electronic Visit Verification in West Virginia Medicaid's Home and Community Based Services.

Whereas, That according to the federal 21^st Century Cures Act, which was signed into law in 2016, the sharing of electronic health information become the expected norm in health care by helping to accelerate medical product development and bring new innovations and advances to patients who need them faster and more efficiently; and

Whereas, That Section 12006(a) of the 21^st Century Cures Act mandates that states implement EVV for all Medicaid personal care services (PSC) and home health services (HHS) that require an in-home visit by a provider or be subject to incremental federal funding reductions; and

Whereas, That federal law mandates that EVV be implemented by states in a manner that is minimally invasive and least burdensome to providers and patients; and

Whereas, That many providers and patients believe the state has implemented EVV in a manner far beyond this minimally invasive and least burdensome standard; and

Whereas, That providers and patients believe there are reasonable alternatives should be studied and considered that comply with the minimally invasive and least burdensome standard related to implementation of EVV; and

Whereas, That provider and patient frustration has reached an all-time high with the state's implementation of EVV and have requested that the Legislative Oversight Commission on Health and Human Resources Accountability study the state's implementation of EVV for the purposes of protecting the rights and privacy of providers and patients; and

Whereas, that the patients required to use EVV are often found in rural, underserved areas, often disabled and living in poverty, without broadband and other technological capabilities required for the effective use of EVV; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislative Oversight Commission on Health and Human Resources Accountability study the implementation of Electronic Visit Verification (EVV) in West Virginia Medicaid's Home and Community-Based Services; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2024, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.