Minnesota EVV requirements after the 2026 law

A statute rewritten, thresholds set by notice

Minnesota has had an EVV statute since 2017. The 2026 rewrite is the bigger change: it defines a manual visit, ties claims to EVV data, and lists duties for third-party systems.

Status as of October 10, 2026, the date these sources were read.

The percentages come from a department newsletter, not from the statute. The eList of March 3, 2026 reports that DHS began enforcing thresholds on January 1, 2026 but gives no figure, and the policy chapter that would state the current one could not be read. This page therefore reports 50 and 80 percent as the newsletter set them in October 2025.

The statute in its own words

• On hand-entered visits, § 256B.073, subdivision 6, added by chapter 121 on May 27, 2026: “A manual visit does not comply with electronic visit verification requirements.” The definitions call a visit manual when it was “entered administratively and not by the caregiver at the time of service delivery”, or when its data elements were “edited after the time of service delivery”.
• On claims, the same subdivision of § 256B.073 as added on May 27, 2026: the commissioner and managed care organizations are directed to use EVV data “to validate claims for payment under medical assistance.”
• On timing, § 256B.073, subdivision 6, from May 27, 2026: a provider records the visit data “at the time of service delivery using an approved verification method.”
• On methods, the 2026 definitions: “telephone, fixed visit verification devices, or mobile applications, as approved by the commissioner.”

A free state system, or your own through the aggregator

Under § 256B.073 as rewritten on May 27, 2026, the Department of Human Services offers a state-provided EVV system at no cost, and an agency may run a third-party system instead once it connects to the state’s data aggregator, which is also free. If an agency cannot make that connection, subdivision 4a of § 256B.073, added on May 27, 2026, sends it back to the state-provided system. The provider newsletter for October 7 to 20, 2025 names the company in the middle: agencies covered by the Cures Act “must enroll with HHAeXchange regardless of their chosen EVV system or payer”, and every visit, clean or not, goes through it.

GPS in the Minnesota text

The statute’s six data elements include the location of service delivery. Its 2026 definitions name three verification methods: telephone, fixed visit verification devices, and mobile applications the commissioner approves. None of the four sources read mentions GPS, and none says how a mobile application is to fix a location; that detail would live in the department’s policy manual, which this page could not read.

Hand-entered and edited visits

Minnesota’s 2026 text draws the line at the visit itself. A visit keyed in by the office, rather than recorded by the caregiver while it happened, is manual, and so is any visit whose data was changed afterward. Under § 256B.073, subdivision 6, as added on May 27, 2026, such a visit “does not comply”, and it can support a claim only once it is confirmed through processes the commissioner sets. The eList of March 3, 2026 adds the reporting side: agencies send in every visit, manual entries and visits that fall short included, because an agency that sends only its clean visits has not met the submission rule.

The thresholds, and what follows a miss

The October 2025 newsletter set the bar as a share of each agency’s visits: at least 50 percent for visits billed after January 1, 2026, and at least 80 percent for visits billed after July 1, 2026. HHAeXchange emails each agency a monthly report around the 25th, and the department reads the same report. An agency below the bar gets a notice of corrective action in its MN–ITS mailbox, which may ask for a higher rate by a deadline, a written improvement plan, or a meeting with DHS. If the agency does not respond or improve, the newsletter says DHS may recover payments already made or hold back future ones. The eList of March 3, 2026 set review on a quarterly cycle, starting with January to March 2026 data, and said agencies below the threshold on October to December 2025 data would receive a status check letter by mid-March 2026.

Settled, and still open

The sources fix these points: the statute as rewritten on May 27, 2026; the repeal of subdivision 4 from July 1, 2026; the 2027 dates for outside systems and health plans, each conditional on federal approval where the law says so; the percentages the October 2025 newsletter set; and the quarterly review the March 2026 eList describes. Open: whether DHS has changed a percentage since October 2025, how location is captured, how live-in caregivers are treated, and the start date of each rewritten subdivision, since chapter 121 gives most of them no effective-date clause of their own.

Where LockProof fits, and where it does not

HHAeXchange data lets DHS and the plans match a claim to a verified visit. A LockProof photo answers something else: the frame the caregiver’s camera took at the visit, kept so that an edit made later would be visible. Keeping both is covered in running a photo record next to EVV, and one capture, step by step shows how a photo is taken and sealed.

Limits of this page

The session law we read is the revisor’s copy of chapter 121 as signed on May 27, 2026, and the newsletter and the eList are the department’s own postings; a later notice could move a percentage or a date reported here. The department’s EVV page and its policy manual were not read, for the reason given at the top. No agency’s waivers, plan contracts or authorizations were reviewed for this page; that is for counsel. The other covered states are listed on the EVV hub that covers each state, next to Missouri’s rule and claim denials.