When a CDS employer fails to meet and maintain the minimum EVV Usage score in a state fiscal year quarter, the payer may send a notice of noncompliance to enforce one or more of the following progressive enforcement actions based on the number of occurrences within a 24-month period:
- 1st occurrence: Additional EVV training is required.
- 2 or more occurrences: The payer will require the employer to create a CAP with help from the FMSA within 10 business days of the notice of noncompliance.
- 3 or more occurrences: The payer may recommend remove from the CDS option.