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. |
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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.
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KDADS Establishes Aging Services Commission; Names David Anderson Commissioner |
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TOPEKA – Kansas Department for Aging and Disability Services (KDADS) Secretary Laura Howard announced today she has appointed David Anderson to serve as commissioner for the agency’s newly formed Aging Services Commission.
The Aging Services team, now a separate entity from the Long-Term Services and Supports Commission, reflects the agency's commitment to addressing the needs and challenges of the state's aging population with more focus and energy.
“David Anderson comes to KDADS with more than three decades of experience in behavioral health services, building community partnerships, and leading effective teams,” KDADS Secretary Laura Howard said. “We look to him to work with various community partners to create shared goals and outcomes.”
Anderson is a licensed behavioral health provider who spent the last 36 years at High Plains Mental Health Center in Hays, starting as a service provider and later holding various leadership positions. He has also been an adjunct faculty member at Fort Hays State University's psychology department for many years.
Over the years, Anderson has served on numerous statewide committees and boards. He was appointed by Governor Laura Kelly in 2019 to serve on the Behavioral Sciences Regulatory Board, where he currently serves as vice chair.
“I am very excited about this new position and the opportunity to continue to serve people,” KDADS Aging Services Commissioner Anderson said. “I look forward to traveling across the state and engaging with local communities, partners, and stakeholders in meaningful dialogue and planning to create positive movement and lasting change.”
Anderson grew up in Winfield, Kansas, where he earned his bachelor’s degree in psychology from Southwestern College. He moved to western Kansas in 1985 to attend Fort Hays State University, where he earned a master’s degree in clinical psychology.
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Clinical Update from KHCA Consultant Linda Farrar
As if the continued COVID-19 outbreaks aren’t enough, RSV (Respiratory Syncytial Virus) is also “making the rounds” across the entire country. On the LTC National Infection Prevention Forum, Dr. David Gifford, the Chief Medical Officer for AHCA shared this document from CDC. In previous years, RSV has been more impactful for children, but that has changed. RSV generally is much more severe for elders and results in more hospitalizations and deaths. This week’s update will simply share the document from Dr. Gifford. READ MORE
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TOMORROW! Webinar: Documentation in Depth: Supportive Documentation for Behavioral Health and Mental Illness
2/20/24 - 1:30PM-2:30PM
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A Message from the President & CEO Linda MowBray: Our Kansas Commitment
Week six of the 2024 Legislative session was chocked full of hearings and deliberation while few bills were actually moved on for a vote.
The Senate Ways and Means Committee chaired by Senator Caroline McGinn, held hearings and took public testimony on KDADS budget for FY25. From what we understand in our follow-up conversations and from our lobby team, there seems to be a great deal of support for our budget asks. To view the hearing video from the February 12, 2024, click here.
On the same day, a hearing was held in the House Health and Human Services Committee chaired by Representative Brenda Landwehr. HB2484, Enacting the social work licensure compact to provide interstate practice privileges for social workers. Click here to see a recording of the hearing.
On Wednesday, February 14, 2024, the House Social Services Budget Committee, chaired by Representative Les Mason, heard KDADS report on the Governor’s budget recommendations for FY25. Click here to review the recording.
Also on Wednesday, The Senate Public Health and Human Services Committee, chaired by Senator Beverly Gossage held a hearing on SB 390 — Enacting the conscientious right to refuse act to prohibit discrimination against individuals to refuse medical care and creating a civil cause of action based on such discrimination; repealing the authority of the secretary of health and environment to quarantine individuals and impose associated penalties. That video can be found here.
On Thursday, SB391 was heard in the Senate Public Health and Human Services Committee, chaired by Senator Beverly Gossage. This is an act concerning public health; relating to infectious or contagious diseases; changing the authority of the secretary of health and environment and local health officers; naming the constitutional right to health freedom act; revoking the authority of the secretary to order individuals to isolate or quarantine and impose penalties for violations . Click here for the recording.
Also on Thursday, the House Health and Human Services Committee chaired by Representative Brenda Landwehr, heard testimony on HB 2784. The video can be found here.
Finally on Thursday, public testimony was presented to the House Social Services Budget Committee, chaired by Representative Les Mason, on the FY25 KDADS budget. The hearing began at 3:30 and did not conclude until nearly 7:00pm. Recommendations will be made on Monday.
On Friday, February 16, 2024, during the Facility Standards/Nursing Advisory, an issue was raised regarding the KDADS ANE hot line. Members on the call said that in the past couple of years, KDADS began requesting a form be filled out and sent in before a CP number would be assigned. Now, members are reporting that every time a facility initiates a call, a written report is required. KDADS confirmed this today stating that they currently had 1.5 FTEs manning the phone and use of the form streamlined the process for them. Our members also were concerned about the amount of information as well as the depth of the information being requested on the initial report. Commission Lacey Hunter said today that she would review the form with Dawn Altis and see if it could be cut back to a “only what’s necessary” for KDADS to issue a CP number. The question was also asked if providers were notified of this change, and we were told no but they would try to get something out on KOTA and add the document to the web page. Click here to see the current form being used. We requested that when the form is updated that it be issued on KDADS letterhead with an issuance date. Camille Russell, LTC Ombudsman suggested that the federal form be used. KDADS said that it would be accepted.
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.
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What to Know About the Independent Contractors Final Rule
Last month, the U.S. Department of Labor published a final rule, entitled Employee or Independent Contractor Classification Under the Fair Labor Standards Act, which goes into effect on March 11, 2024. This rule revises the Department’s guidance on how the agency determines who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). It specifically rescinds the Independent Contractor Status Under the Fair Labor Standards Act rule (2021 IC Rule), that was published on January 7, 2021, under the Trump Administration, and essentially reverts to the agency's earlier and broader multi-factor economic realities test.
The new standard will, in certain circumstances, make it more difficult for long term care providers to properly classify a worker as an independent contractor. Likewise, this final rule has the potential to place greater financial and legal burdens on long term care providers as existing contract workers may now need to be reclassified as employees under the new standards.
AHCA/NCAL has provided a summary for its members with additional, vital information. Please note that an AHCA/NCAL member log-in is required to view the summary. Contact Dana Ritchie with questions or comments.
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Follow Up Resources from Friday’s NAC and Facility Standards Call
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Construction Separation Guidance
The Office of the State Fire Marshal is responsible for plan review and construction inspections of buildings throughout Kansas that fall under K.S.A 31-133.
The following codes/interpretations are to be utilized by field inspectors when determining compliance with construction separation in buildings undergoing a construction project while the building is occupied. READ MORE
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Webinar: Nursing Facility Discharge Processes
This Thursday at 1:00PM!
Join KHCA for this 90-minute webinar with Linda Farrar, RN, LNHA in which she will explore the complexities of the nursing facility discharge process. The focus will be on prioritizing the best interests of residents, family members, staff, and the organization while reviewing what’s required federally. Gain insights into navigating these intricate decisions to ensure optimal outcomes for all stakeholders involved. Time has been built into this webinar to answer your questions specific to this process.
Learning Objectives:
- Participants will understand Federal regulations pertaining to discharges.
- Participants will understand the responsibilities of the facility related to discharges.
- Participants will understand the role of the resident and representatives/family members in discharge decisions and discharge plans.
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Webinar: The Impact of the MDS: MDS Influence on Spades and SNF QRP
2/21/24 - 1:30PM-2:30PM
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Webinar: Nursing Facility Discharge Processes
2/22/24 - 1:00PM-2:30PM
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Webinar: Payroll Based Journal and Staffing
2/27/24 - 1:00PM-2:15PM
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Life Safety Code Boot Camp
2/28 - 2/29/24 - 8:00AM-3:30PM in Olathe, KS
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Webinar: The Impact of the MDS: MDS Five Star Factors
2/28/24 - 1:30PM-2:30PM
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Webinar: The Impact of the MDS: MDS Systems & Mechanisms for Care Plan Effectiveness
3/6/24 - 1:30PM-2:30PM
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Webinar: Deconstructing Immediate Jeopardy Mitigation: Navigating Top Risk Areas: Reducing Risks Related to Abuse and Neglect
3/12/24 - 1:30PM-2:30PM
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Webinar: Documentation in Depth: Supportive Documentation for Pain Management
3/19/24 - 1:30PM-2:30PM
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Joint Provider Surveyor Training
March 19 - Topeka, KS
March 20 - Wichita, KS
March 20 - Virtual
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Adult Care Home Operators Course
3/27 - 4/8/24
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Administrator in Training (AIT) Program
Looking for an AIT Program? Click here for more details on KHCA's Program.
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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
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