UPDATE: November 13, 2023

EVV Data Not Required for Private Duty Nurses

The New York State Department of Health (Department) is updating the requirement for private duty nurses (PDN) to collect EVV data and submit EVV data to the NYS Aggregator.

The 21st Century Cures Act mandates electronic visit verification be implemented by states for personal care services (PCS) under the Social Security Act sections 1905(a)(24), 1915(c), 1915(i), 1915(j), 1915(k), and Section 1115 waivers; and home health care services (HHCS) provided under 1905(a)(7) of the Social Security Act or a waiver.

Private duty nursing falls under section 1905(a)(8) and states are not required by the 21st Century Cures Act to implement EVV for these services.

Therefore, due to the complexity of implementing an EVV system for sole practitioner private duty nurses, the Department has decided not to require EVV submission from these providers at this time. The Department reserves the right to require EVV for PDNs in the future.

The EVV website is currently being updated to remove references to the Good Faith Effort (GFE) Extension for PDN implementation of EVV.

Questions can be directed to EVVhelp@health.ny.gov