Some Virginia parents of children with disabilities take on the responsibility of providing care for their child under a Medicaid program that pays them for that care. But a new system to verify that work, implemented by Governor Abigail Spanberger under new federal guidance, is proving to be a problem for some of those parents.
Catherine Rey is a Chesterfield mom to two boys, JP and Louie. They both have ATR-X Syndrome and require constant care. Catherine had been using an old web portal system to report the care she provided, but the switch to a new real-time reporting app on her phone is causing problems.
“I’m having to do math constantly because of, like, ‘am I going to accidentally go over our hours?’ Because, if I’m tracking things in real time, and I’m doing it, I’m having to check in every now and then," Catherine told Radio IQ. "Am I going to exceed their hours, am I going to become non-compliant?"
Non-compliance was a word thrown around at a Virginia Disability Commission meeting held in September. Virginia’s Department of Medical Assistance Services, or DMAS, said at that meeting the new reporting system is expected to increase accuracy of reporting. Additional requests for comment from the agency weren't returned Thursday.
At the September meeting, Tammy Whitlock, Deputy of Complex Care at DMAS, said Virginia spends about $1 billion for homecare which is likely attract additional scrutiny from the federal auditors. And she reminded the commission that the commonwealth underwent an "intense and onerous" audit in 2019 that required the repayment of some homecare funds.
"It has become more relevant over the last ten months," Whitlock said, pointing to investigations she said were underway in states like Maine, New York and Florida.
She also said at the time no Virginians would lose their support if they failed to use the new system.
But DMAS has since sent letters to parents who fail to use the system, including one that reads quote, "Repeated failure to use the required [reporting system] may result in corrective action.” Another said exceeding hourly limits may result in a fraud investigation.
“I don’t know if that means I can no longer be a paid provider, I don’t know if it means they lose hours, lose Medicaid all together. It’s really scary,” Catherin said of the uncertainty the mixed messages from DMAS have invited.
Legislators asked Governor Spanberger to delay implementation of the program ahead of the October 1 start date, but she never responded.
Fairfax-area Delegate Kathy Tran championed legislation permitting the old system’s use in the past, but that language was pulled from the 2026 budget. She hopes to bring it back in 2027.
“We want to make sure live-in caregivers are able to focus on [those they're caring for], on what they need and making sure they meet those needs,” Tran told Radio IQ Thursday. She also said she wanted to protect the state program from federal intervention.
"Is taking away [the ability to use the old system] from live-in caregivers going to accomplish the goals of preserving the integrity of the program?" She asked. "I think this warrants a conversation with our impacted caregivers, getting their input, and driving our decisions based on what's happening today."
