Regulatory watch

EVV requirements by state: how they differ

By the LockProof Team · Last updated October 8, 2026

EVV requirements start in one federal statute and then split state by state. From calendar quarters beginning January 1, 2020 for personal care, and January 1, 2023 for home health care, 42 U.S.C. § 1396b(l) reduces part of the federal match a state receives when it does not require electronic visit verification, unless it is exempt from that reduction because it has required one for both services continuously since December 13, 2016. A separate good-faith exemption covered only calendar quarters in 2020 and 2023. How each state does that differs, and this page keeps the differences apart. It is not legal advice.
This page reads two federal sources and, for each state it covers, that state’s own program pages and rules. Each state claim below names its source. States without a page of their own appear in the list below; where one is mentioned to illustrate a difference, that sentence names its source.

Looking for one state? Jump to the state list.

The federal floor, in the statute’s own words

One section of the Social Security Act sets the floor every state builds on, and it is shorter than most summaries of it.

Section 12006 of the 21st Century Cures Act added subsection (l) to 42 U.S.C. § 1396b. It does not order a state to buy anything. From calendar quarters beginning January 1, 2020 for personal care visits and January 1, 2023 for home health visits, 42 U.S.C. § 1396b(l)(1) reduces the federal medical assistance percentage unless the state is exempt or requires the use of an electronic visit verification system for them. Under 42 U.S.C. § 1396b(l)(3), a state that already required such a system for both services on December 13, 2016 is exempt from that reduction for as long as it keeps requiring one; under § 1396b(l)(4), a separate good-faith exemption covered only calendar quarters in 2020 for personal care and 2023 for home health. The reduction rises in steps to one percentage point, reached in 2023 for personal care and in 2027 for home health. The CMS page on the program puts the dates plainly: states had to put EVV in place for Medicaid personal care services by January 1, 2020 and for home health services by January 1, 2023.

The statute also tells states how to get there. Under § 1396b(l)(2), a state consults the agencies that deliver these services, takes stakeholder input from beneficiaries and family caregivers among others, and gives the workers who use the system a chance to be trained on it. Paragraph (6) carries the money: a state that operates the system, itself or through a contractor, receives a 90 percent federal share of building it and 75 percent of running it, and a state that has providers use a system it does not operate gets neither.

Six items, one of which concerns place

Paragraph (5)(A) defines an EVV system by what it verifies about each visit: the type of service performed, the individual receiving the service, the date of the service, the location of service delivery, the individual providing the service, and the time the service begins and ends. That is the full federal list. Everything else on a state’s EVV page — which app, which aggregator, how GPS is treated, what happens to a manually edited visit — is that state’s own choice.

Where the states part ways

  • Who runs the system. Pennsylvania’s Department of Human Services describes an open model, with a state option developed together with Gainwell Technologies and Sandata, on its EVV page, which we read on October 6, 2026.
  • How location is captured. The federal list asks for the location, not for GPS. Pennsylvania’s questions-and-answers page names four accepted methods as of October 6, 2026, and a GPS phone app is one of them. Ohio’s Medicaid department, in a workgroup deck dated September 28, 2026, describes revised rules bringing GPS location at clock-in and clock-out, anticipated for July 1, 2027, with a waiver for some individuals, including people who live with a family-member caregiver.
  • What happens to edited visits. Pennsylvania measures the share of visits verified without a manual edit against a threshold set in a Department of Human Services bulletin; the Pennsylvania manual-edit threshold is walked through on its own page. Ohio’s deck of September 28, 2026 says manual entry “will remain permitted when a caregiver cannot safely stop providing care.”
  • Statute, rule and proposal. A state can have a law in effect, rules that have not caught up, and a proposal whose comments the department is still reviewing, all at once. Ohio is the clearest case right now, and the Ohio EVV requirements page keeps those layers separate.

States covered so far

Each covered state has its own page, built from that state’s own sources. Each covered state below is dated and names where it comes from.

  • Ohio — Revised Code 5164.42 took effect on October 6, 2026; Ohio Medicaid’s September 28, 2026 workgroup deck says EVV policy does not change until its rules are revised, which it anticipates for July 1, 2027.

Sourced on this page; dedicated page pending: Pennsylvania. The sentences on this page that mention it name their sources; its own requirements page is not built yet.

Not yet covered: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. A name here means we have not yet built that state’s own page; where one of these states is mentioned above, the sentence names the source it comes from.

Where LockProof sits in this picture

LockProof is not an EVV system. Certified in no state and reporting to no aggregator, it holds no EVV visit record. What it does: a worker opens the link we text and photographs the visit, our server records the time each photo reaches it, the worker’s phone supplies location only if the worker allows it, and a fingerprint of the record makes any later alteration detectable. The photo belongs in the agency’s own file, for a family member’s call or a payer’s question. Whatever a state asks of an agency’s EVV system, this is a different file.

For how a second, photo-based file sits next to a certified system without getting in its way, see visit-proof apps that run alongside EVV, and for the capture itself, how the capture works.

The limits of this page

Each line here is a reading of a source on the date shown, and states change their rules. The federal statute is quoted as published in the U.S. Code and read on October 7, 2026, and the CMS page as it stood on October 6, 2026. No agency’s programs, waivers or contracts were checked against any of it; that is work for counsel or the state’s Medicaid office rather than for a vendor.

Common questions

What is electronic visit verification?

Electronic visit verification is a system that confirms, electronically, that an in-home personal care or home health visit happened. Under 42 U.S.C. § 1396b(l), added by section 12006 of the 21st Century Cures Act, a state that does not require such a system has part of its federal match reduced, for personal care from calendar quarters beginning January 1, 2020 and for home health from January 1, 2023, unless it is exempt because it already required such a system for both services on December 13, 2016 and still does. A separate good-faith exemption covered only calendar quarters in 2020 for personal care and 2023 for home health.

Which six things does an EVV system record?

The statute names them in § 1396b(l)(5)(A): the type of service performed, the individual receiving the service, the date of the service, the location of service delivery, the individual providing the service, and the time the service begins and ends. That list includes the location of a visit and leaves out GPS; how each state handles location is its own choice.

Does federal law make every state use GPS for EVV?

No. The federal list asks for the location of service delivery and says nothing about satellite positioning. Pennsylvania’s Department of Human Services, for one, accepts a GPS phone app as one of four location methods, and the other three rely on telephone verification. Where a state does move toward GPS, it does so in its own statute or rules, with its own dates.

What is an open EVV model?

It is a state letting agencies pick their own EVV vendor, as long as the vendor’s data reaches the state’s aggregator. Pennsylvania describes its program that way on its EVV page. Paragraph (6) of the statute itself ties an enhanced federal share of the cost to a state that runs the system, itself or through a contractor, and withholds that particular share where providers use a system the state does not run. How CMS funds a state’s aggregator is a separate question this page does not cover.

Does LockProof count as an EVV system in any state?

LockProof is not an EVV system in any state. Its records reach no aggregator and count toward no state’s EVV figures; they make up a separate photo file that some agencies keep beside the system they already run.

Is this legal advice?

No. This page reports federal and state sources as of the dates shown and links each one. Whether a given rule reaches a given agency is for counsel, or for that state’s Medicaid office, to say.

A file of your own, beside whichever system your state uses

Each visit can end with a live photo sealed under a server-set time. No state certifies it, and EVV does not count it as a record — keep it for the questions EVV leaves open.