21st Century Cures Act

The 21st Century Cures Act, or Cures Act, is a federal law that passed in 2016 requiring states to implement Electronic Visit Verification for Medicaid personal care services and home health care services that require an in-home visit. States that do not implement EVV will receive reduced federal Medicaid funding.

Cures Act Personal Care Services

Personal care services are support services provided to a person who requires assistance with activities of daily living or instrumental activities of daily living due to physical, cognitive or behavioral limitations related to his or her disability or chronic health condition.

HHSC implemented EVV for 90% of PCS in 2016. To comply with the Cures Act, Texas implemented EVV for the remaining 10% on Jan. 1, 2021.

PCS Required to Use EVV (PDF) lists the specific services considered PCS that are required to use EVV in Texas. The services are separated into two groups:

  • State-Required PCS – the personal care services’ programs and services required to use EVV in 2016 or earlier per Texas Government Code, Section 531.024172.
    • HHSC refers to these services as “State-Required Personal Care Services” or “State-Required PCS.”
  • Cures Act PCS – the personal care services’ programs, services and service delivery options required to use EVV by Jan. 1, 2021 per the 21st Century Cures Act, Section 12006.
    • HHSC refers to these services as “Cures Act Personal Care Services” or “Cures Act PCS.”

Cures Act Home Health Care Services

HHCS are covered services, equipment, appliances and supplies that are provided to qualified Medicaid recipients at their place of residence by home health agency staff, providers of durable medical equipment or expendable medical supplies under federal regulations 42 CFR Section 440.70 and Section 354.1037 of this title (relating to Written Plan of Care) and Section 354.1039 of this title (relating to Home Health Benefits and Limitations).

The Cures Act requires states to implement EVV for HHCS by Jan. 1, 2023. On July 1, 2022, HHSC submitted a good faith effort exemption from the Centers for Medicare and Medicaid Services to extend this deadline by one year. CMS approved the request; therefore, HHSC will implement EVV for Medicaid HHCS on Jan. 1, 2024.

HHSC is in the early stages of meeting the federal requirement, including identifying the specific HHCS that will be required to use EVV in Texas. HHSC refers to these services as “Cures Act Home Health Care Services” or “Cures Act HHCS.” This webpage will be updated with more information as the project progresses.

Note: Dates are subject to change. Additional dates and milestones will be added below once known.