February 12, 2024
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As a 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.
The Latest News
Complete AHCA/NCAL’s State of the Sector Survey

AHCA/NCAL is asking providers (SNF, AL, ID/DD) to complete a 10-minute survey to gauge your operations and how we can prioritize key issues. Providers will be asked about a few topics, including workforce, access to care, and finances. 

You may download a copy of the questionnaire, if you wish to gather the necessary information before filling it out online.

Your participation will help AHCA/NCAL advocate for resources and common-sense policies for the profession. Please complete the survey by end of day (8pm Eastern/5pm Pacific) on Friday, February 16.
Clinical Update from KHCA Consultant Linda Farrar

Well, Schizophrenia Audits have finally been reported in our area. That audit clearly indicates that it is important that each facility including clinical staff, consulting pharmacists and physicians should be closely monitoring the use of antipsychotics for all residents. The facility reports that a psych providers diagnosed multiple residents with schizophrenia when there was no assessment in the clinical record and according to the auditors, those residents lacked substantiation of the diagnosis. READ MORE
NHSN Tip Sheet

Nursing Home are required to report COVID-19 data elements to NHSN weekly by Sunday at 11:59 p.m. To ensure reporting compliance, consider these helpful tips and reminders.
Rural Providers Working To Address "Nursing Home Deserts" Amid Staffing, Funding Challenges

Skilled Nursing News (2/9, Stulick) said, "Rural and small market areas continue to experience growing ‘nursing home deserts,’ an increasing crisis for local officials and beneficiaries facing access issues." In Nebraska, "state data shows 29 facilities closed their doors in the past three years, leaving pockets of ‘nursing home deserts’ across 20 counties, according to a report from KETV Omaha." In the summer and fall of 2023, "providers in rural areas brought up concerns echoed in Nebraska, and the American Health Care Association added 30 counties across the country as ‘nursing home deserts.’" Furthermore, "as the federal minimum staffing requirement is due to be finalized this year, rural providers say it will only exacerbate the issue of growing communities lacking nursing home care." This "problem is two-fold and not limited to Nebraska," as "the closures stem from a mix of staffing shortages and lackluster Medicaid reimbursement." Nebraska Health Care Association President and CEO Jalene Carpenter "said the gap between cost of care and Medicaid reimbursement is $49 per resident per day for Nebraska providers." Currently, "operators are ‘literally on the edge,’ Carpenter told KETV, while facing a zero increase in one of their main sources of revenue." The "NHCA supports state legislation, which would increase Medicaid reimbursement rates for nursing homes, along with another for assisted living facilities." 
Members Only Nurse Advisory Committee (NAC) and Facility Standards Call – Friday, February , 2024 10:00 AM - 11:00AM

Join us at 10:00AM where Cynthia Pendleton, Facility Standards VP and Linda Farrar, KHCA Clinical Consultant will review recent SNF survey findings followed by Nurse Advisory Committee President, Teresa Coover to discuss Nursing Scholarships, hot topics, and the latest happenings.


Microsoft Teams Meeting
Join on your computer, mobile app or room device
Meeting ID: 299 322 109 908
Passcode: 2Ea6rm
TOMORROW! Webinar: Deconstructing Immediate Jeopardy Mitigation: Navigating Top Risk Areas: Reducing Risks Related to Falls and Other Accident Hazards

2/13/24 - 1:30PM-2:30PM

Click here for more details.
TOMORROW! OSHA Recordkeeping & New Reporting Requirements

2/13/24 - 2:00PM-3:00PM

Click here for more details.
KCAL District 5 Round Table

Thursday, February 15, 2024 from 2:00PM - 4:00PM in Wichita, KS
 
Assisted Living Round Table with KCAL Board Members Jennifer Scheck and Kasey Breidenthal and KHCA/KCAL VP of Operations & Education Polly Berkley. This includes ALL Assisted Livings, Home Plus and Residential Health Care Communities in District 5. (See image for counties included in this district.) 
 
Location:
The Colony Coworking Space
659 N. Market St.
Wichita, KS 67214

You do not have to be a KCAL Member to attend and there is no cost.

RSVP:
If you plan to attend this meeting, please RSVP to the KHCA/KCAL office by emailing Teresa Keating (tkeating@khca.org). Please indicate your name, community, and a phone number.
In Case You Missed It
A Message from the President & CEO Linda MowBray: Our Kansas Commitment

Week five of the 2024 Legislative session is in the books. This week was a big one for bills-related deadlines in the Legislature.

Monday was the last day for non-exempt committees to request bill drafts from the revisor’s office. It also was the last day for non-exempt committees’ agendas to include requests for bill introductions.

Wednesday was the last day for individuals to introduce bills in the originating chamber.
Friday was the last day for non-exempt committees to introduce bills in the originating chamber.

The committees exempt from these deadlines are House and Senate Federal and State Affairs, Senate Ways and Means, Senate Assessment and Taxation, and House committees on Appropriations, Taxation, and Calendar and Printing.

A bill was also introduced Thursday February 1, 2024, in the House Health and Human Services committee and was read in February 8, 2024. This bill significantly changes the definition of a Continuing Care Retirement Community or CCRC. This would also change parameters for the fees charged for the provider tax. A hearing date has not been set but we believe it could be as soon as next week. Click here for a copy of the bill.

Hearings were held this week for the “No Patient Left Alone” bill in both the House and the Senate. The Senate bill SB352 did not include long-term care but those testifying for the bill often referenced adult care homes. This bill has fines and includes visitation for anyone for any reason in a hospital. A link to the testimony can be found here. This was a very contentious hearing.
 
The House version of No Patient Left Alone, HB 2548 also had a hearing this week. This version does include adult care homes but only when the resident is in a terminal condition. This bill does not seem to cause undo concern for us, however, if the two bills meet in a conference committee, we may need to change our stance. Click here for a recording of this hearing.

KDADS budget will have a hearing in the Senate Ways & Means Human Services Subcommittee on February 12, 2024, with recommendation made on February 14, 2024.
The House Social Services Budget Committee will have a hearing on February 14 for the KDADS budget. Public testimony to be heard on the 15th.

Ours asks:
  • Support the Governor’s recommendation to an increase of approximately $45 million all funds to the nursing home budget. This moves the estimated average Medicaid base rate from $256.78 to $274.35.

  • We are also requesting the continuation of the Medicaid Add-on at a per diem of $19.58 per day. This would add an estimated $60,900,810 (3,110,358 Medicaid days x $19.58) to a nursing home budget. This would move the average rate to $293.93.

  • Increase the HCBS waiver budget to increase the per unit rate by 10%. This would take the Assisted Living/Home Plus HCBS rates from $5.55 to $6.11.

Fire Marshal hearing:
We told you last week that we were informed that body cameras were being used while conducting life safety surveys in our adult care homes. A bill was introduced Thursday February 1, 2024, in the House Health and Human Services committee that would prohibit that practice. Click here for a copy of the bill.

In the meantime, I reached out to Katharine Achor, Life Safety Code Specialist at Centers for Medicare & Medicaid Services Region 7 and sent her the notice sent to us and providers from Brenda McNorton, Chief of Inspections, Office of the State Fire Marshal. Click here for a copy of that communication and here for a copy of their brochure that I sent to CMS.

I received an almost immediate response from CMS. Please see blow.

From the desk of Katherine Achor, CMS Region 7:

We have been working with the SAs and FM this week. As of today, (Wednesday February 7, 2024) the FM is suspending the use of the body cams in HC.
 
Should you have questions or comments, please feel free to reach out to me. As always, I am grateful for the opportunity to serve you.
(785) 267-6003
DOJ Summit Aims To Strengthen Oversight Of Nursing Homes

McKnight’s Long-Term Care News (2/8, Henreckson) reports, "A two-day summit of law enforcement leaders from federal, state and local levels is intent on strengthening investigations into elder abuse and fraud, including oversight of nursing homes." This "event — convened Wednesday by the US Department of Justice — is the latest in a series of signs that federal officials are taking aggressive steps to police long-term care facilities it suspects of providing inadequate care." The article adds, "Providers have largely applauded efforts to better police potential elder abuse and fraud situations, including the American Health Care Association, which wrote in support of such efforts Wednesday." AHCA’s statement read, "Abuse and neglect of our nation’s seniors is unacceptable. ... Long term care providers across the country are committed to reporting and eradicating these rare incidents. We look forward to continuing to work with the Department of Justice and other stakeholders to protect seniors and prioritize their safety and wellbeing." 
Nursing Home Operators Welcome Stricter Government Oversight Of Medicare Advantage Plans

Skilled Nursing News (2/7, Stulick) reports "nursing home operators are seeing stricter government oversight of Medicare Advantage (MA) plans, a welcome relief given that partnerships with such managed care plans have become a huge source of administrative burden for providers in the sector, especially as workforce shortages persist." Most recently, in January the CMS "published its Interoperability and Prior Authorization final rule alongside a proposed payment update for MA and Part D plans. The changes outlined in the federal agency’s final rule aim to streamline prior authorizations and promote easier electronic health record exchanges between providers and insurance plans, while also holding payers more accountable for denials." The American Health Care Association/National Center for Assisted Living "approved of the final rule, calling it a ‘clear step in the right direction’ coupled with the CY2024 Medicare Advantage final rule’s prior authorization and utilization management provisions." AHCA/NCAL said in an email that it "supports the rule’s intent to enhance the efficiency and transparency of data exchange between patients, providers and payers. ... AHCA/NCAL remains committed to guiding our members and provider-owned plans impacted by the final rule toward operationalizing best practices." The rule also "includes beneficiary protections and enhancement of beneficiary access to care, AHCA/NCAL said in a statement, calling the move a positive for both providers and residents." 
OSHA Recordkeeping and Reporting: A Guide to Determination

The guide will cover the determination behind the OSHA Recordkeeping and Reporting requirements, helping LTC facilities navigate these requirements more effectively. It will specifically address the determination of work-relatedness for injuries and illnesses, such as COVID-19, in the process of identifying recorded or reported events. READ MORE

Register for next week's AHCA Webinar: OSHA Recordkeeping & New Reporting Requirements
Education Spotlight
Life Safety Code Boot Camp

February 28 -29 in Olathe, KS

It is always nerve wracking to undergo a SURVEY.  There seems to be so much riding on having a successful inspection. Skilled nursing facilities must maintain compliance with NFPA and CMS year-round. Are you currently in your survey window? Are you looking for help in continuous compliance? Life Safety Code requires facilities to complete rigorous inspection, testing and maintenance (ITM) for the many features of fire and safety protection.

Using real life examples and survey scenarios, the session will explore how the code is applied; discuss code changes and increased ITM requirements; and review common violations. Understand practical applications of the Life Safety Code and learn from Life Safety experts on what to prepare for a successful survey. There’s a lot riding on compliance and being prepared is essential.

Click here for more details.
Upcoming Education
Webinar: The Impact of the MDS: MDS Influence on the Quality Measures 

2/14/24 - 1:30PM-2:30PM

Click here for more details.
Resident Care Coordinator Training for Nurses in Assisted Living

ONLY 5 SEATS REMAIN!

2/16/24 - 8:30AM-3:30PM in Ottawa, KS

Click here for more details.
Webinar: Documentation in Depth: Supportive Documentation for Behavioral Health and Mental Illness

2/20/24 - 1:30PM-2:30PM

Click here for more details.
Webinar: The Impact of the MDS: MDS Influence on Spades and SNF QRP

2/21/24 - 1:30PM-2:30PM

Click here for more details.
Webinar: Nursing Facility Discharge Processes

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

Click here for more details.
Webinar: Payroll Based Journal and Staffing

2/27/24 - 1:00PM-2:15PM

Click here for more details.
Life Safety Code Boot Camp

2/28 - 2/29/24 - 8:00AM-3:30PM in Olathe, KS

Click here for more details.
Webinar: The Impact of the MDS: MDS Five Star Factors

2/28/24 - 1:30PM-2:30PM

Click here for more details.
Administrator in Training (AIT) Program

Looking for an AIT Program? Click here for more details on KHCA's Program.

Questions? Email Teresa Keating at tkeating@khca.org
Kansas Health Care Association and the Kansas Center for Assisted Living
1100 SW Gage Blvd. | PO Box 4770 | Topeka, KS 66604
PH: 785-267-6003 FAX: 785-267-0833