May 6, 2020
KHCA/KCAL is committed to providing our members with important updates. Below is a list of the most recent COVID-19 updates. Please visit our website for a list of complete updates.  www.khca.org
BREAKING: KS Legislative Leadership Announces 2020 Session Plans
Good afternoon,
 
The Legislative Coordinating Council met today to discuss whether they would reconvene the 2020 Session. As a reminder, the Legislature broke on March 19 – roughly two weeks ahead of schedule – because of the COVID-19 pandemic. 
 
The Council has decided that  they will not meet again until May 21 , which has already been designated as Sine Die, or the last day official business can be conducted. It was, however, stated that committees could begin work as soon as tomorrow, if authorized by leadership. In the meeting, the Transportation and Tax Conference Committees were specifically mentioned as two groups that could still meet.
 
There was a substitute motion made by Senate Majority Leader Jim Denning (R-Overland Park) to reconvene on May 19. This motion was voted down, with Senate President Susan Wagle (R-Wichita) voting for the motion, while all other Council members were opposed.
 
As a reminder, the action taken today does not preclude the Governor from calling a Special Session at any time.
 
Today’s action confirms the authority of the Speaker of the House and the Senate President to determine what, if any, work can be done on May 21. It was suggested that remaining issues be COVID-19 related, but nothing has been decided.
 
We are still analyzing the situation and will update you as we have more information. 
 
Best,
Stephen P. Duerst
Federico Consulting, Inc:  A Public Affairs Group
Nursing Home Admissions Resource During COVID-19 Pandemic
The purpose of this document is to share clear and condensed guidance from CMS and the CDC to nursing homes regarding accepting new admissions or readmissions. Tools within this document will help providers decide how to safely handle new admissions and to triage infection control process recommendations in order to avoid the spread of COVID-19 within long-term care organizations. This guidance is not a requirement and is strictly informational. Each provider must decide if/when they are able to safely accept an admission. 
Kansas COVID-19 N95 Decontamination Transportation Plan
The following information will be used to explain the different transportation options available within the State of Kansas for the N95 decontamination program through the Battelle Critical Care Decontamination System (CCDS)
HCS Nursing Home Salary Study - Deadline Extended to June 1
The study is conducted by  HCS  in cooperation with  AHCA  and   covers 98 jobs, benefits, shift differentials, turnover rates, and more! Data are reported by CBSA, state, profit type, bed-size, and revenue size. Participants may purchase the results at the reduced rate of $175, compared to the $350 non-participant rate. Questionnaires are available online at:   https://www.hhcsinc.com/survey-questionnaires.html   
New FAQs From KHCA/KCAL's Legal Counsel
Given the importance of this development to so many of our clients, we wanted to share with all of you the new FAQ 43 issued today by the Treasury.  Our clients now have additional time to make a determination as to whether to return their PPP loan and additional guidance on the required certification is forthcoming.  Please reach out to our Firm Cares Act Team at the following email if we can assist:  SBACaresACT@HuschBlackwell.com .
 
New FAQ 43:
 
Question: FAQ #31 reminded borrowers to review carefully the required certification on the Borrower Application Form that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” SBA guidance and regulations provide that any borrower who applied for a PPP loan prior to April 24, 2020 and repays the loan in full by May 7, 2020 will be deemed by SBA to have made the required certification in good faith. Is it possible for a borrower to obtain an extension of the May 7, 2020 repayment date?
 
Answer: SBA is extending the repayment date for this safe harbor to May 14, 2020. Borrowers do not need to apply for this extension. This extension will be promptly implemented through a revision to the SBA’s interim final rule providing the safe harbor. SBA intends to provide additional guidance on how it will review the certification prior to May 14, 2020.
 
 
In addition, new FAQs were issued on Medicare Fee-for-service billing:  https://www.cms.gov/files/document/03092020-covid-19-faqs-508.pdf     They cover Section 1135 waiver issues and other issues affecting all provider types.
 
More thought leader advisories on this information may follow later this week.
 
Harvey M. Tettlebaum
Partner 
HUSCH BLACKWELL LLP
Healthcare Updates from Congressman Roger Marshall
KMAP Web Update
The  KMAP  website has been updated with the following updates:
  • Updated General Bulletin 20046 regarding telemedicine updates in response to the COVID-19 emergency
  • General Bulletin 20099 regarding HCBS background check exceptions during the COVID-19 emergency
 
A standard global message has been added to alert providers. The following special global message and associated documentation have also been added.  

An RA banner message will appear on those available the week of May 11 and 15.
Kansas Health Care Association and the Kansas Center for Assisted Living
1100 SW Gage Blvd Topeka, KS 66604
PH: 785-267-6003 FAX: 785-267-0833