| (a) This section applies to a program provider or FMSA
seeking HHSC's approval of a proposed EVV proprietary system. To request
HHSC's approval of a proposed EVV proprietary system, a program provider
or FMSA must comply with the onboarding process described in the EVV
Policy Handbook, which includes:
(1) completing and submitting the EVV Proprietary System
Request Form; and
(2) participating in an operational readiness review
session.
(b) HHSC approves a proposed EVV proprietary system
if a program provider or FMSA:
(1) demonstrates that the proposed EVV proprietary
system complies with:
(A) the EVV Policy Handbook;
(B) the EVV Business Rules for Proprietary Systems;
and
(C) state and federal laws governing EVV; and
(2) successfully completes the operational readiness
review by receiving a score of 100% in the following methods, as described
in the EVV Policy Handbook:
(A) certification;
(B) documentation;
(C) demonstration; and
(D) trading partner testing.
(c) A PSO must:
(1) ensure the EVV proprietary system complies with
the HHSC EVV Policy Handbook, the EVV Business Rules for Proprietary
Systems, and state and federal laws governing EVV;
(2) assume responsibility for the design, development,
operation, and performance of the EVV proprietary system;
(3) cover all costs to develop, implement, operate,
and maintain the EVV proprietary system;
(4) ensure the accuracy of EVV data collected, stored,
and reported by the EVV proprietary system;
(5) assume all liability and risk for the use of the
EVV proprietary system;
(6) maintain all data generated by the EVV proprietary
system to demonstrate compliance with this subchapter and for general
business purposes;
(7) develop training materials on the proprietary system
and train HHSC staff and MCO staff;
(8) provide access to all HHSC-approved clock in and
clock out methods offered by the PSO to a service provider at no cost
to a member, HHSC, an MCO, or HHSC's designated contractor;
(9) ensure the functionality and accuracy of all clock
in and clock out methods provided to a service provider;
(10) comply with the process in the HHSC EVV Policy
Handbook if transferring EVV proprietary systems; and
(11) notify HHSC, in writing, if:
(A) the EVV proprietary system is not in compliance
with the HHSC EVV Policy Handbook, the EVV Business Rules for Proprietary
Systems, and state and federal laws governing EVV; or
(B) if the PSO plans to make significant changes to
the EVV system.
(d) HHSC may, at its discretion, audit an EVV proprietary
system. Such audit may be conducted by a contractor of HHSC.
(e) If HHSC determines that a PSO is not in compliance
with subsection (c) of this section, HHSC may, in accordance with
the HHSC EVV Policy Handbook:
(1) require the PSO to correct the non-compliance within
a time frame specified by HHSC;
(2) reject EVV visit transactions from the proprietary
system until HHSC determines the non-compliance is corrected;
(3) cancel the use of the EVV proprietary system if:
(A) the PSO fails to correct the non-compliance within
the time frame specified by HHSC; or
(B) the PSO does not respond to a written communication
from HHSC about the non-compliance within the time frame specified
by HHSC; and
(4) cancel the use of an EVV proprietary system without
giving the PSO the opportunity to correct the non-compliance:
(A) if the non-compliance is egregious, as determined
by HHSC; or
(B) because of a substantiated allegation of fraud,
waste, or abuse by the Office of Inspector General.
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