It is like the science fiction anthology television series called Black
Mirror. A show that targets the unanticipated consequences of new
technologies. It's generally a dark series with disturbing endings.
Except this time it's not science fiction. It's
real. The nightmare is real. A new term that every special needs
parent in this country will come to know called Electronic Visit
Verification (EVV). A new federally mandated computer-based telephone
program that electronically verifies service visits.
A law signed by President Obama in December 2016, with the disguise of
bringing new efficiencies, cost savings, and care improvements to
personal care and home healthcare sectors. This law is known as the
21st Century Cures Act (Section 12006) and includes
a wide ranger of measures one of which is the implement of Electronic
Visit Verification (EVV) to manage personal care services to start no
later than January 1, 2019 and all other home healthcare services by
January of 2023. Per Section 12006 (a)(4)(B)
of the Cures Act reduction will not be made to the states that can
demonstrate good faith efforts to comply with the technology and adopt
it or if they encountered "unavoidable delay" with implementing the
system.

Any state that is in non-compliance of EVV starting January of 2019,
will lose 1% of Medicaid funding. So States have an incentive to
participate and comply. In the 21st Century Cures Act provides up to 90
percent federal funding for development and implementation
of an EVV system and contract, and up to 75 percent of federal funding
for operation and maintenance of the system and software. Funding is
uniquely available to all states that operate their own EVV system or
have a contractor (i.e. 3rd party businesses
operate the system for them). Colorado has already contracted with
Sandata, an EVV software monitoring agency.
So how does EVV work exactly? Now that's the dark Black Mirror plot.
It's a phone device that will have GPS, it also has video and sound
capabilities. It will track care provider time by a "check in" and a
"check out." Your location will be linked to a home caller ID
with a home phone number, and will require Wi-Fi. Your location will
be monitored at all times. It's a good sell. They'll tell you all
this:
It's non-invasive
It's not at all an invasion of privacy
It' does not go against HIPAA because it's monitoring all home health care in a home setting
It will reduce fraud and prevent providers for billing for time they aren't with the client
It will provide better client care because big brother is watching
It prevents inaccuracy and double billing
It makes sure the care provider is indeed following all stipulated care plans
It gives the State control over overlapping services and unauthorized
services and audits of providers can be conducted remotely via
submission of their original data
What they aren't telling you:
It has camera and microphone capabilities on software directly invading
privacy and 4th amendment rights (in many software cases these features
cannot be disabled for care plan visits and logged care, meaning you are
recorded the entire time see a video
here for demonstration and
verify-ability
The excessive amount of money invested and cost in implementing EVV.
The NCIL (National Council of Independent Living) is opposed to this as
discriminatory, an undermining of independent living and consumer
direction, and and an invasion of privacy of those with disabilities
receiving in home care and PCA services.
It is expensive, burdensome and less effective than traditional methods that are currently in place.
It involves random checks
It will restrict access for those with disabilities in the community since they are being monitored at home via GPS
This will drive providers to quit who wish to protect their privacy over
providing care to those with disabilities leaving these individuals at a
higher risk for institutionalization rather than being cared for in a
home setting.
EVV systems put people on house arrest because they are not allowed to leave home as their attendants will not be paid otherwise
It could cause those with disabilities to lose their services if they
are even so much a minute late to be scheduled at home for care
You will be tied to a phone if your battery suddenly dies there is no
back up plan and you will go without documented services and provider
will not be paid and potentially accused of fraud.
EVV will require voice and speech recognition and if a client has difficulties with speech could also be accused of fraud.
EVV may impose significant liability on States in the form of
joint employment. For instance in our state many parents are managed by
home health care agencies and our wages are paid through Medicaid to
provide in home care to our own children. The
State may be found to be a joint employer under the FSLA. The new FLSA
companionship rule provides: joint employers are required to pay
overtime to personal care and home health workers. As a result, States
are likely to encounter a significant financial
liability for unpaid overtime costs.
EVV inevitably is going to lead to countless class action lawsuits and violates current laws
Personal data is required to be turned over and managed by 3rd party
agencies on behalf of the State. Meaning your social security number is
handed over, your home phone number is handed over, your personal email
is required, your voice and and in some cases facial recognition
required.
EVV stands to violates every "invasion of privacy" category that
exists. Modern Tort Law includes for categories that fall under the
invasion of privacy.
- Intrusion of
solitude: physical or electronic intrusion into one's private quarters
- Public disclosure of private facts: the dissemination of truthful private information which a reasonable person would find objectionable
- False light: the publication of facts which place a person in a false light, even though the facts themselves may not be defamatory
- Appropriation: the unauthorized use of a person's name or likeness to obtain some benefits
Critical: " Intrusion upon seclusion occurs when a perpetrator
intentionally intrudes, physically, electronically, or otherwise, upon
the private space, solitude, or seclusion of a person, or the private
affairs or concerns of a person, by use of the
perpetrator's physical senses or
by electronic device or devices to oversee or overhear the person's private affairs,
or by some other form of investigation, examination, or observation
intrude upon a person's private matters if the intrusion would
be highly offensive to a reasonable person."
 |
| Sandata EVV phones one for each child with special needs that resides in the home provided by a family currently using the system. Isn't that crazy - look at that! |
All of this is going to impact our lives in a great
way since I am Noah's in-home Certified Nursing Assistant and I am
licensed to care for him in home. A program designed and funded by
Medicaid dollars to help keep children like Noah in
a home setting and save the State money from needing to be
institutionalized for daily care. Meaning that I will be housebound, I
will lose all my privacy, Noah will lose his privacy and he deserves
that even if he is disabled, his every move will be tracked
and monitored. All under some really fake umbrella of "reducing
fraud." We are the parents. We are caring for for them on the front
lines, there is no way for us to commit fraud as we're completing these
tasks and reporting them by electronic signature
and can can change nothing once our care plans have been submitted to
the agency for verification of accuracy. Our children would die
otherwise if we weren't providing all the care in these care plans. You
are targeting parents who are on the front lines
with their children and making things a million times more hard and
complicated. You are sending the message that our children need to
monitored and protected against us. You are an uninvited intrusion into
our lives. Our consent was never given, yet our
rights not even considered with the immediate and fast and quiet
implementation that our States are keeping very hush and doing their
best to keep it off our field of vision.
I'm already participating in an electronic signature of care plans which
is done through a health care agency plan however the terms of what we
are doing now, compared to EVV are very different. We are currently
under a consumer directed plan, and not agency
driven plan like EVV will be. Under a consumer directed plan the
client can go anywhere in the community (i.e. home, employment, to the
grocery store, to get lunch etc.) under an Agency plan it's house arrest
sometimes sprinkled with community approved sites
if you've gotten prior permission. But let's be clear you aren't
likely leaving your home under an agency plan. Under consumer directed
plan for instance a client can be out of the home while a caregiver is
paid to assist with groceries and laundry. You can't
do that if you're under an agency directed plan that has a GPS on your
every blink and requires you to be confined to home for every care plan
and all services. And does the government really need to know the
intimate details of my son's incontinent care
and bathing? Would you like the government to watch you pee or take a
bath? Would that sound appealing to you? Not to mention I homeschool
his little brother - what about his brother's privacy rights? It's not
just Noah in the home. I'm here,
his brother is here, his dad is here. We all have privacy rights too
just because we happen to have a child that is severely disabled does
not mean that any of our rights to privacy are automatically voided.
And I meanwhile the real perpetrators of fraud, the very caseworkers,
non-profit community centered boards, CEO's and those managing tax payer
dollars in Medicaid funded programs are dodging public audits to even
show you where the money is all going. In my
state alone, a CCB caught with their hand in the cookie jar, with
personal travel expenses, internet services, and Costco memberships,
just to name a few. You can familiarize yourself with that information
by clicking this
highlighted link and this
highlighted link.
So ask yourself this. Who is really causing fraud to occur. And
who should we really be looking at first? I say we start at the top
and demand a GPS of all caseworkers, what they are doing with their time
get them to report where the money is going
that doesn't come to our kids. Because I'd like to know. Would you
like to know? You should. Your taxes should be going to the right
place and not into the pockets of those managing Medicaid funding. And
if you want to know just how much Colorado is pouring
into EVV rather than putting that towards the care of those with
disabilities you can find that information
here.
Fingers are certainly being pointed in the wrong direction. Let's put a
GPS on them and confine them in their homes. That sounds just lovely
doesn't it? Turn about should be fair play right? Let's see how this
all feels if the shoe is on the other foot.
And that my friends would be the ultimate plot twist in this real
life Black Mirror episode. Let this GPS surveillance system be
implemented for everyone nationwide and see how everyone likes it and
let any and all content be submitted to the government
to be used however they wish.
A quote that often comes up in the context of new technology and
concerns about government surveillance is Benjamin Franklin's words:
"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."
Love,
Noah's Miracle by
Stacy Warden is licensed under a
Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.