A Nebraska nonprofit that represents providers of home health care services for people with disabilities has filed a lawsuit asking a Lincoln judge to block changes from going into effect next week that would require its members, among other things, to log their GPS location to be paid.
"We believe these proposed changes are excessively restrictive and may result in a loss of service for people with disabilities," the Nebraska Association of Service Providers said in a Facebook post Wednesday.Â
The organization said it was concerned enough about the changes to retain legal representation and file a complaint seeking an injunction.
"While we support efforts to bring agencies and family caregivers into compliance with current federal EVV (Electronic Visit Verification) requirements, we feel the proposed changes are an over-correction," the nonprofit said in the post.
Last month, the Nebraska Department of Health and Human Services sent out a provider bulletin about changes to the EVV system set to go into effect Aug. 14.Â
In it, HHS said a recent audit had shown that providers weren't complying with state and federal regulations dating back to 2020 that require caregivers to establish they were with the client. The regulations were put in place in an effort to curb fraud.
HHS said that starting Aug. 14, provider claims would not be paid if:
* Providers don't use GPS or an approved alternative method, such as a landline Interactive Voice Response, during a visit;Â
* A provider doesn't start or end an EVV visit at the scheduled location and within the allowed geo-fence radius;
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* The signatures of the recipient of services or their legal representative are not recorded in the EVV application during the visit.
Administrators hosted two provider forums online about the changes, including one July 30 that drew more than 500 people, many of whom raised concerns over the GPS requirements, the end of manual entries and other issues.
In the lawsuit filed Tuesday in Lancaster County District Court, NASP's attorney, James Hamilton, said HHS's refusal to accept manually adjusted claims would require 100% effectiveness of geolocation services in a state where much of the area where the services are provided "makes such geolocation services difficult and/or impossible."
Hamilton said the change would be "unduly burdensome and harsh" upon NASP and its membership when there are less-severe means to assure the state’s compliance with the 21st Century Cures Act.
He asked the judge to issue an order enjoining HHS from taking any action with regard to the July bulletin, including refusing to accept manually adjusted claims.
NASP said the providers it represents are committed to following federal guidelines and working with HHS to ensure people with disabilities have access to vital services.
But, the group said, it hopes an injunction will delay the "rushed" implementation date and "allow for true stakeholder collaboration to develop a plan to address the audit findings and improve compliance without establishing the most restrictive EVV system in the United States."
HHS hasn't yet responded to the lawsuit.Â
Journal Star reporter Alyssa Johnson contributed to this report.