DADS has issued Information Letter No. 14-35 regarding Electronic Visit Verification Liquidated Damages.
The purpose of this information letter (IL) is to state the specific methodology the Texas Department of Aging and Disability Services (DADS) will use to calculate liquidated damages under the Electronic Visit Verification (EVV) Compliance Plan.
Form 3254-R, the Community Services Re-enrollment Contract (Provider Agreement), Section III, Electronic Visit Verification (EVV), Paragraph F, which addresses liquidated damages, reads as follows:
That if the Contractor receives a quarterly compliance score of less than 90 percent the Contractor shall be in non-compliance with EVV requirements and subject to an assessment of liquidated damages. The Department may assess a liquidated damage against the Contractor based on the degree of non-compliance in an amount ranging from $10.00 to $500.00 for each calendar day the Department determines the Contractor is not in compliance with EVV requirements.
DADS has determined that for a calendar day for which liquidated damages shall be calculated under the EVV Compliance Plan, the liquidated damages will be calculated by multiplying the number of non-preferred visits by $3.00 subject to a daily minimum assessment of $10.00 and a daily maximum of $500.00. A non-preferred visit is an attendant visit not documented using EVV technology in full compliance with program requirements.
