The Texas Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts amendments to §68.101, concerning application; §68.102, concerning definitions; and §68.103, concerning use and availability of EVV system, in Chapter 68, Electronic Visit Verification (EVV) System, without changes to the proposed text as published in the January 17, 2014, issue of the Texas Register (39 TexReg 270).

The amendments are adopted to implement a portion of Senate Bill (SB) 7, 82nd Legislature, First Called Session, 2011, relating to EVV. EVV is a telephone- and computer-based system that electronically verifies that service visits occur and documents the precise time that the provision of services begins and ends.

Currently, EVV is used to track and document the delivery of attendant-like services in select community-based programs. The adoption amends the rules in Chapter 68 to add nursing services as a type of service that is documented with EVV as applicable to each program. Additional amendments update program references and definitions.

DADS received no comments regarding adoption of the amendments.

The amendments are adopted under Texas Government Code, §531.0005, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including DADS; Texas Human Resources Code, §161.021, which provides that the Aging and Disability Services Council shall study and make recommendations to the HHSC executive commissioner and the DADS commissioner regarding rules governing the delivery of services to persons who are served or regulated by DADS; Texas Government Code, §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program; and Texas Human Resources Code, §32.021, which provides that HHSC shall adopt necessary rules for the proper and efficient operation of the Medicaid program.