KHCA/KCAL Update 10/21/24

October 21, 2024

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.

The Latest News

AHCA Requests Summary Judgment In Challenge Against Federal Staffing Mandate

McKnight’s Long-Term Care News (10/21, Marselas) reports, "The American Health Care Association, LeadingAge and other plaintiffs on Friday formally asked a federal court to issue a quick judgment in their favor in their case opposing a national nursing home staffing rule." This "request for summary judgment filed in the US District Court for Northern Texas is the latest step in a legal challenge being mustered primarily through written arguments." In the latest "arguments, AHCA and its attorneys say that CMS has failed to show that Congress granted the agency the authority to impose overall hourly nurse requirements or increase existing registered nurse coverage." AHCA "wants the judge to rule that the 24/7 RN requirement and all three hourly requirements in the nursing home staffing rule exceed CMS’ statutory authority and issue an order vacating those requirements."

Clinical Update from KHCA Consultant Linda Farrar

Click here to view this week's Clinical Update.

TOMORROW! Emergency Preparedness ….What’s in Your Plan?

10/22/24 - 1:00PM-2:30PM

Click here for more details.

Submit Your 2025 National Quality Award Intent to Apply

The AHCA/NCAL National Quality Award 2025 Intent to Apply (ITA) is open.

We encourage applicants who plan to apply for a National Quality Award in 2025 to submit an ITA before the deadline on Thursday, November 14, 2024.

WHY SUBMIT AN ITA?

Commitment to Quality: Demonstrate your organization's dedication to continuous quality improvement to your communities, staff, and residents.
Stay Organized: Help keep your organization focused and organized throughout the application process.
Discounted Application Fee: Applicants who submit an ITA receive a discounted application fee.*
Exclusive Resources: Gain access to exclusive resources to assist with the application process.
Voluntary but Encouraged: While submitting an ITA is voluntary, it is strongly encouraged for long term and post-acute care providers.

CLICK HERE FOR MORE DETAILS

Join KHCA/KCAL on November 6th at 1:00PM for a Free Bronze Virtual Workshop

If your organization has thought about participating in the AHCA/NCAL National Quality Award program, this is your opportunity to complete the Bronze Award application from beginning to end with coaching support along the way from expert facilitators. READ MORE

In Case You Missed It

Update with KDHE Medicaid Eligibility Staff

The HCBS Medicaid application liaison program, which is similar to the program implemented more than a year ago for nursing homes, has started with two units coming onboard October 1, 2024. The program fosters better communication between income maintenance workers and providers while working through the Medicaid application process. More units will be added in November and December.

A welcome webinar will be held October 24, 2024, at 10:00 for units 3 and 4 with a roll-out expected November 1, 2024. Units 5,6 & 7 will have training at a yet to be determined date in November with a rollout planned for December 1, 2024. Important pieces of the training include use of the document upload portal and role of the consumer self-help portal.

HCBS providers should have been contacted by KDHE with your unit assignment. If you have not been contacted, please reach out to:

Breanna Dohrman

Assistant Director of Eligibility

Kansas Department of Health and Environment

6531 SE Forbes Ave, Suite A

Topeka, KS 66619

785.338.6143 – Desk

785.249.0924 – Cell

Breanna.Dohrman@ks.gov

Currently, there are 217 Medicaid applications over 45 days old.

o 95 are HCBS applications

o 52 are nursing home applications

o 70 are PACE, spousal impoverished/division of assets, and working healthy applications.

Follow Up Resources from Friday’s NAC and Facility Standards Call

IDT Determination Section GG Coding

Based on direct observation, review of documentation in the medical record during the assessment period, resident self-reports, family and care staff interviews and reports from qualified clinicians to include a registered nurse, the IDT has determined that the resident usual function is as indicated below:

Here is the assessment that was created to be put in this section that describes usual function to ensure the RN component was covered.

AHCA/NCAL Requests Extension For Medicare Revalidation Process

Skilled Nursing News (10/16, Stulick) reports, "Skilled nursing facilities need reasonable flexibility and additional support to meet the latest federal mandate – an off-cycle revalidation process for Medicare – for which nursing home advocates are seeking an extension." AHCA/NCAL "sent a letter on Wednesday to" HHS Secretary Xavier Becerra and CMS Administrator Chiquita Brooks-LaSure "asking for an extension from the 90-day deadline to a 180-day deadline." The association "also requested CMS and HHS retract revalidation requests that have already been sent out, and follow past practice of providing six months’ advance notice of revalidation, and develop more detailed guidance." AHCA Reimbursement Policy Senior Vice President Martin Allen said, "Ultimately, it’s important to balance and streamline reporting, so that long term care staff can devote their time where it should be – with their residents."

CMS Assures Providers Medicare Revalidation Guidance Will Be Updated

McKnight’s Long-Term Care News (10/18, Berklan) reports, "Skilled nursing operators unnerved by what they see as excessive information demands for a new, off-cycle Medicare revalidation process were assured Thursday that current guidance will be updated frequently over the next week, and then perhaps as often as weekly in the future." Providers "peppered Centers for Medicare & Medicaid Services Technical Advisor Frank Whelan with questions during a CMS SNF Open Door Forum conference call." Many "were about the timing and information crunch brought by last month’s agency announcement that providers must fill out expanded forms calling for more data than ever about ownership, management and other associated parties’ leaders." This comes after a legal representative of AHCA/NCAL "sent a letter to leaders of CMS" and HHS that was "critical of the way the revalidation requirements have been explained and must be delivered."

Skilled Nursing News (10/17, Stulick) reports "about one-third of all providers will receive a letter from their Medicare administrative contractor (MAC) between this month and December requesting completion of the revalidation form...said" Whelan. Furthermore, "five states affected by Hurricanes Helene and Milton will have more time to complete the Medicare revalidation process."

Education Spotlight

Virtual Adult Care Home Operators Course

11/6 - 11/19/2024

This hybrid course is designed to provide you with everything necessary to prep you to become a Registered Adult Care Home Operator in the State of Kansas. The class is based on the principles of assisted living as outlined in the KDADS regulation manual and is taught by a variety of presenters that are currently working in the field. The course will be facilitated by Joan Hudson, KCAL Clinical Consultant and Polly Berkley, VP of Operations and Education for KHCA/KCAL. This course provides knowledge and insight on the rules, regulations and responsibilities governing the operation of a state licensed only adult care home.