January 17, 2025

This message contains confidential information and is intended only for KHCA/KCAL membership. Dissemination, distribution or copying the contents of this email beyond this group is strictly prohibited.

Membership Reminder: The renewal deadline for your KHCA/KCAL membership is March 31st. We strive to give you a highly-valued return on your dues investment, and we look forward to serving you in the year ahead.

If you have any questions or concerns regarding your membership status, please contact Kristin Plantz kplantz@khca.org.

The Latest News

Invitation to Submit Nomination for KHCA Board Seat: VP of Reimbursement

At the KHCA Annual Meeting, bylaws were changed to add a reimbursement position to the KHCA Board. We are seeking a member with expertise in reimbursement processes, revenue cycle management, and navigating payer policies to help guide our organization in this critical area.

The ideal candidate will bring:

A deep understanding of reimbursement methodologies, including private insurance, Medicare, and Medicaid.
Experience in financial management or policy development related to LTC.
Have expertise and understanding in reimbursement methodologies established through governmental processes and outside vendors used by state and federal agencies.
Has a high degree of comfort in public speaking and/or presenting testimony during legislative sessions and/or legislative committee meetings.
Will inform the KHCA Board of current information pertinent to our long-term care provider membership.

If you are interested, please send statement of interest and a resume or CV to khca@khca.org by end of business day January 24, 2025.

KHCA Board members are committed to monthly meetings and expected to lead and potentially answer questions during the legislative session related to reimbursement issues for Kansas providers. Nominations will be shared with the KHCA Board Members and there will be an anonymous vote on 01/26/2025. The KHCA Board Members will be notified along with the candidates on 01/26/2025. The newly elected Board Member will be sworn into their office on February 14^th at the regularly scheduled KHCA Board Meeting.

This is an opportunity to make a meaningful impact for Kansas LTC Providers. Thank you for your consideration of this request.

Staffing Mandate Litigation Update: Preliminary Injunction Denied in Kansas v. Becerra

Late yesterday, the U.S. District Court in the Northern District of Iowa denied the states’ motion for preliminary injunction against the federal staffing mandate. The Court noted that the plaintiffs failed to demonstrate that the preliminary injunction was necessary to prevent irreparable harm.

This comes as no surprise. We anticipated this ruling given that the minimum staffing requirements for the rule do not take effect for two or more years. But the important thing is that this decision has no bearing on our lawsuit, AHCA v. Becerra.

The real question before the courts is whether HHS and CMS have the authority to issue this unrealistic and unfounded staffing mandate, and the answer is a resounding no. It is Congress that has the ability to set specific staffing standards. We remain confident that the judge in the Northern District of Texas will agree and rule in our favor. We expect a ruling from that Court sometime in the first quarter of the year.

The other development from the Northern District of Iowa yesterday was the establishment of a schedule for motions and replies from the parties with the final being due on April 24, 2025. That pushes the Iowa Court’s ruling on the merits in Kansas v. Becerra after the decision in AHCA v. Becerra is expected from the Court in the Northern District of Texas, but we do expect the Iowa Court to move quickly.

We will continue to keep you apprised of any further legal developments as well as continue to fight the mandate through additional avenues, such as through legislation. One way or another, we will stop this overreaching and unrealistic regulation.

Please visit our Staffing Mandate webpage for more information about the lawsuit and our efforts.

Follow Up from today's NAC & Facility Standards Call

Revised Long-Term Care (LTC) Surveyor Guidance: Significant revisions to enhance quality and oversight of the LTC survey process

CMS issued QSO-25-12-NH REVISED on January 16th. They added new additions/revisions to Nursing Services and Payroll Based Journal, in addition to the previous changes to Admission, Transfer & Discharge, Chemical Restraints/Unnecessary Psychotropic Medication, Resident Assessment, Quality of Life & Quality of Care, Administration, QAPI, Infection Prevention & Control & "other areas".

They also changed the date of implementation to March 24, 2025. Click here for the newest revision to the QSO.

OSHA Terminates COVID-Specific Rule For Direct Caregiver Protections

McKnight’s Long-Term Care News (1/16, Johnson) reports, "The Occupational Safety and Health Administration terminated a COVID-specific rule on Wednesday that aimed to protect direct caregivers, deciding instead to shift its focus to include more infectious diseases." The final draft of the agency’s "Emergency Temporary Standard had been sitting for more than two years after it was submitted by OSHA officials in December of 2022." But "now that it’s off the table, many providers are happy that the agency is refocusing." According to McKnight’s, "provider blowback from top long-term care organizations," including AHCA, "stemmed from concerns that a new rule would add yet another regulation atop a mountain of existing and forthcoming federal mandates."

HHS targets private equity, pushes for more SNF ownership transparency in new report

A new federal report is calling for greater transparency in long-term care ownership, citing “growing consolidation in the healthcare sector and the lack of meaningful competition” as main drivers in decreased patient care quality and caregiver well-being. READ MORE

Webinar: LTC Provider Lawsuit Primer

1/21/25 - 1:30PM-2:30PM

In this first session of the 12-part Litigation Risk series, LTC lawsuits will be dissected step-by-step to review what to expect in a LTC provider lawsuit, including understanding the process and foundational legal requirements. From receipt of the Complaint notifying that a lawsuit has been filed, to the trial, each stage will be discussed to prepare the facility for what to expect and what actions need to be taken. Tips and strategies will be reviewed for each step of the process in order to lay the groundwork for the most successful litigation outcome possible.

Click here for more details.

CMS locks in 2025 nursing home surveyor priorities

The Centers for Medicare & Medicaid Services has released its official 2025 mission and priorities document and by all accounts, providers are going to have their hands full while striving for full compliance. CMS outlined its roadmap for state survey agencies in a document issued Monday. READ MORE

Request Assisted Living Participation in Survey

As part of our collaboration with the American Health Care Association/National Center for Assisted Living (AHCA/NCAL) and ongoing efforts to understand the electronic medical records (EMR) and electronic health records (EHR) utilization among assisted living providers, we are conducting a brief survey to gather valuable insights and feedback.

The feedback obtained from the survey will help guide AHCA/NCAL in ongoing EMR/EHR discussions with potential vendors in the LTC Data Cooperative. You can learn more about the LTC Data Cooperative here.

The survey will take approximately 3 minutes to complete and can be accessed through the link below:

Member Survey – What EMR/EHR do you use?

We kindly ask that you complete the survey by COB January 31^st. Your participation is greatly appreciated and will help us make informed decisions that align with our shared goals.

If you have any questions or need assistance, please don't hesitate to reach out to NCAL's Director of Quality Improvement, Pam Truscott, directly at ptruscott@ncal.org.

Upcoming iQIES Service Center Hold Times February Deadline Reminder

Due to the Payroll Based Journal quarterly deadline, the iQIES Service Center is projecting an increase in the volume of calls and emails between now and February 14, 2025.

Did you know:

There are a variety of methods to contact the CCSQ Service Center.
You can schedule a call with a Service Center Representative at a time that best works for you! Just go to the CCSQ Support Central page and click on Schedule a Call.

Click here for more details.

Semmelweis Times Fall 2024 • Volume 5 • Issue 4

Click here to read more.

Call for presentations

An essential service to our association is offering high quality training and education to our members. We invite you to join us in our commitment to delivering timely, relevant, and engaging information as we prepare for our 2025 Education Calendar.

We are looking for topics that fit skilled nursing, assisted living, home plus and residential health care communities.

Click here to learn more on our needs and how you can submit a proposal.

Education Spotlight

Aging Services Day

February 18, 2025 - 8:30AM - 4:00PM

Aging Services Day is a collaborative event put together by Kansas Health Care Association/Kansas Center for Assisted Living, LeadingAge Kansas and Kansas Adult Care Executives where Long Term Care Providers gather at the state capitol to champion the needs of our elderly in Kansas. We will meet in the morning for education at The Beacon then go to the Capitol for a full afternoon of legislative advocacy on issues that are crucial to the LTC Profession with our Kansas Legislators. It’s a powerful opportunity to allow your voice to be heard and influence positive change for LTC providers and the population we care for. Be part of the movement for better aging services. LEARN MORE

Upcoming Education