(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.

Source Note: The provisions of this §354.4017 adopted to be effective January 1, 2024, 48 TexReg 7171