FAQs: What is an EVV Exemption?

Most Consumers and PCAs will be required to use EVV. However, there are two groups of people who are “exempt” from EVV. If you are exempt from EVV, it means you do NOT need to use the EVV system.

These are the two EVV exemptions for the MassHealth PCA Program:

  1. The Live-In Exemption: Consumers and PCAs who live in the same home permanently or for
    “extended periods of time” are not required to use EVV together.

The Live-In Exemption only lasts for one year. It must be renewed every year.

  1. The Safety Exemption: Consumers or PCAs are not required to use EVV if using the system would cause a safety issue. For example, some victims of domestic violence or stalking cannot use a GPS-enabled smart device.

The Safety Exemption does NOT need to be renewed. It will stay in effect until the individual no longer has a safety issue.

There are only two exemptions: the Live-In Exemption and the Safety Exemption. If you do not qualify for one of these exemptions, you will be required to use EVV.

If you do qualify for an EVV exemption, you will not use EVV. Instead, you will continue submitting paper timesheets or eTimesheets, just like you do today.

When Can I Request an Exemption?

You cannot request an EVV exemption until it is your turn to start using EVV. You will know when it’s your turn to use EVV when you receive your Start Packet from Tempus FI. If you have not received your Start Packet from Tempus FI, you cannot request an exemption yet.

Who Qualifies for the Live-In Exemption?

Consumers and PCAs who live in the same home “permanently” or for “extended periods of time” qualify for the Live-In Exemption.

  • Definition of “permanently:” The PCA lives, works, and sleeps at the same home as the Consumer-employer seven days per week, and therefore, has no home of his or her own other than the one in which the Consumer-employer lives.
  • Definition of “extended periods of time:” The PCA lives, works, and sleeps at the same home as the Consumer-employer for five days a week (120 hours or more). If the PCA spends less than 120 hours per week working and sleeping at the same home as the Consumer but spends five consecutive days or nights per week residing together with the Consumer, this is also considered an “extended period of time.”

Here are two examples to help explain “extended periods of time” for the Live-In Exemption:

Example 1: A PCA resides in the same home as the Consumer-employer for five consecutive days: from 9:00 a.m. Monday until 5:00 p.m. Friday. The PCA sleeps on the premises Monday, Tuesday, Wednesday and Thursday nights. This arrangement DOES qualify as an “extended period of time.” This PCA and Consumer qualify for the Live-In Exemption.

Example 2: A PCA works in the Consumer-employer’s home five days per week, from 9:00am until 5:00pm.  The PCA does not sleep at the Consumer-employer’s home.  This arrangement DOES NOT qualify as an “extended period of time.” This PCA and Consumer do NOT qualify for the Live-In Exemption.

Who Qualifies for the Safety Exemption?

The Safety Exemption is for Consumers, Surrogates, or PCAs who cannot use EVV because of a serious safety issue – such as being the victim of domestic violence, stalking, or harassment. These individuals cannot use a smart device with GPS location services, because doing so would make them unsafe.

Here are two examples to help explain the Safety Exemption:

Example 1: A PCA has been the victim of stalking and cannot use a GPS-enabled smart device. Using the GPS services on their smart device could jeopardize the PCA’s safety. In this situation, the PCA DOES qualify for the Safety Exemption.

Example 2: A Consumer does not like that the EVV system verifies GPS coordinates to meet federal rules. The Consumer does not want their PCA to check in and out of visits. The Consumer and their PCA do not have a history of domestic violence, stalking, or harassment. In this situation, the Consumer DOES NOT qualify for the Safety Exemption.

How Do I Request an Exemption?

When it is your turn to use EVV, you can request an exemption by completing a form and sending it to Tempus FI. Your Start Packet will have instructions about how to request an exemption. If you have not received your Start Packet, you cannot request an exemption yet.

 A Live-in Exemption form is included in your Start Packet. If you need to request a Live-In Exemption form or request a Safety Exemption, please contact Tempus FI.

How Long Does an Exemption Last?

The Live-In Exemption only lasts for one year. It must be renewed every year. If you qualified for the Live-In Exemption, but you do not renew your exemption after one year, you will be required to start using EVV.

The Safety Exemption does NOT need to be renewed. It will stay in effect until the individual no longer has a safety issue.

Do I Need to Contact Tempus FI If My Situation Changes?

Yes. If your situation changes and you no longer qualify for an exemption, you must contact Tempus FI immediately.

For instance, if you are a Consumer who qualified for the Live-In Exemption, but your PCA moves out of your home several months later, you must tell Tempus FI once your PCA moves out.

How Do I Know If My Exemption Request Has Been Accepted?

After you submit an exemption request for to Tempus FI, we will let you know if it has been accepted:

  • If your exemption request is accepted, you will receive a letter from Tempus FI within 10-15 business days.
  • If there is an error with the form or other issue, Tempus will contact you by phone within 10-15 business days.

If you sent an exemption request to Tempus FI but have not heard back after 10-15 business days, please contact Tempus FI.

Will Tempus FI Remind Me When My Live-In Exemption is About to Expire?

Yes. Tempus FI will send a reminder letter and a copy of the Live-In Exemption form two months before each Consumer/PCA’s Live-In Exemption expires.