January 22, 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.

Question about HCBS Rate Study?

KHCA/KCAL has received further clarification that the focus of this rate study is to analyze I/DD program expenses and the contractual rates for services provided. More details about the rate study can be found by clicking here.

Clinical Update from KHCA Consultant Linda Farrar

If you monitor survey trends at all, you know that F689 related to falls continues to be a top-cited deficiency in both standard surveys and complaint surveys, in both the state and nationally. In other words, it’s a big issue and frequently providers say something like…”we’ve tried all the interventions possible and the resident still keeps falling”. We also frequently hear, “they have a right to fall”. The reality is that falls have both acute and long-term negative consequences for elders and residents and providers don’t do what you do for regulatory compliance, but rather to provide excellent care to residents and meet the expectations of residents and family members, but everyone is very aware of the pressure of the survey system. READ MORE

A Message from the Office of the State Fire Marshal

Hood Suppression System Maintenance

Kitchen hood suppression systems are a crucial part of any commercial kitchen. Their purpose is to quickly detect and extinguish fires that may occur as a result of grease buildup combined with heat. These systems prevent cooking fires from spreading and minimize damages to the kitchen, which allows kitchens to resume operations more quickly. Because these suppression systems are so important, it is imperative that they be properly maintained to ensure that they will properly function when needed. READ MORE

TOMORROW! Webinar: Survey Trends in Assisted Living

1/23/25 - 1:00PM-2:15PM

Click here for more details.

‘Whole Different Ballgame’: Trump’s Executive Orders, Vision for First 100 Days Deemed Positive for Nursing Homes

Among the myriad executive orders signed by President Donald Trump on Inauguration Day Monday was one that freezes new regulations. A welcome relief for nursing home providers, the executive order reflects the new Republican administration’s overall preference for less regulation. READ MORE

Also reported on by McKnight's LTC News: New administration’s Day 1 drama leaves skilled nursing providers hopeful for timely staffing rule solution

‘Crippling’ effects possible as CDC, CMS, other health communications paused

Federal health agencies, including the Centers for Medicare & Medicaid Services, have halted their communication efforts in the first days of the Trump administration.

Websites and data feeds for many health-related agencies went partially dark between Monday and Tuesday. The CMS newsroom, an important repository for fact sheets on federal rules and policy decisions, had all posts removed except for a news roundup from Jan. 10. READ MORE

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 Friday'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

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.

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