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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A Message from the President & CEO Linda MowBray: Our Kansas Commitment
Week seven of the 2024 Legislative session signaled the midway point and created a very busy schedule as legislative committees worked to move bills from one chamber to the next before the final gavel today, which is known as “turn around day.” Because the amount of bills being heard on the floor of both chambers and the subsequent amendments added, we will not have a full rundown on the results until later.
Next Monday, you will receive a call to action regarding the KDADS budget. It is vital that you tell your representative and senator how much the $19.58 Medicaid addon has helped you. We are in a good position with the House as our requests are part of the subcommittee’s recommendation.
In the Senate, however, only half the addon amount or $9.79 was recommended by the subcommittee.
The full House Appropriations Committee will meet Wednesday, Feb. 28, 2024, at 3:30 p.m. to finalize the KDADS budget.
The full Senate Ways and Means Committee will meet Thursday, Feb. 29, 2024, at 10:30 a.m. to finalize the KDADS budget.
We have time to make a difference, but your legislators must hear from you. More to come including talking points for your reach out.
Finally, KHCA/KCAL’s VP of Government Affairs, Levi Davis, Administrator for Prairie Ridge Health & Rehabilitation LLC in Overland Park, represented the Association on Wednesday evening at lobbyist John Federico’s home where 20 legislators gathered for dinner, drinks and good conversation. Reports back stated, “he was a rock star and represented your association well.” Thank you, Levi, for your involvement and dedication to the Association.
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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National Skilled Nursing Care Week® Resources & Exclusive Products Now Available
Celebrate 'Radiant Memories: A Tribute to the Golden Age of Radio' May 12-18, 2024
The American Health Care Association (AHCA) is excited to announce that resources for this year’s National Skilled Nursing Care Week® (NSNCW), including the Planning Guide, marketing tools, and special products, are now available at NSNCW.org.
These materials are designed to assist you in planning, promoting, and celebrating NSNCW. Discover everything you need to make this week memorable for your residents, staff, and volunteers and to spread joy throughout the community.
Begin your NSNCW 2024 preparations today and help us create a week filled with unforgettable moments!
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Semmelweis Times Winter 2024 • Volume 5 • Issue 1
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AHCA/NCAL Webinar Offering: DOL’s Final Rule on Independent Contractor Classification – LTC Provider Impact
When: Friday, March 8, at 1-2pm ET
Background: On January 10, 2024, the U.S. Department of Labor (DOL) published a final rule, entitled Employee or Independent Contractor Classification Under the Fair Labor Standards Act, that goes into effect on March 11, 2024. This rule revises the Department’s guidance on how the agency determines whether a worker is an independent contractor or an employee who would be entitled to minimum wage, overtime wages and other protections provided 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 focused on two primary factors – the worker’s control over their work and opportunity for profit or loss – which was published on January 7, 2021, under the Trump Administration. The new final rule essentially reverts to the Department’s earlier and broader multi-factor test which focused on the economic realities of a worker’s work relationship including whether the worker was dependent on the company for work.
Overall, 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. This final rule also has the potential to place greater financial and legal burdens on long term care providers who regular rely on workers classified as independent contractors as many existing contract workers may need to be reclassified as employees under the new standards. Doing so will require long term care providers to pay the workers as employees subject to minimum wage and overtime requirements and complying with all other federal, state and local laws and ordinances governing employee rights in the workplace. The AHCA/NCAL analysis of this rule can be found here.
Hear from legal experts on how the new final rule will impact your workplace as a long term care provider, and get your pressing questions answered.
Learning Objectives:
- Understand what this new final rule means to you as a long term care provider and how to limit potential risk for employee misclassification claims
- Understand how this new final rule differs from the guidance provided in the 2021 Independent Contractor Rule
- Learn more on the ongoing legislative efforts around worker classification issues
- Prepare to meet the compliance effective date
Presenters: Neville Bilimoria, Partner at Duane Morris LLP, Jennifer Long, Special Counsel at Duane Morris LLP, and Dana Ritchie, AHCA’s Assoc VP of Workforce & Constituency Services
COST: Free to AHCA/NCAL Member | $50 Non-members
If you are not able to attend live, the recording will be provided to you. A certificate of attendance will be available after the webinar.
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A Message from Mark Parkinson
I am writing today to share the news that I will retire at the end of this year.
This hasn’t been an easy decision. I love this job. I love our mission. I love the work each of you do. And I’ve loved the opportunity to represent you in Washington, D.C. for the last 13 years. I’m confident this is the right decision. It’s been a great run, but I believe this is the right time for me and the right time for the organization.
My overwhelming emotion is gratitude. I am incredibly thankful for the opportunity you’ve given me. I started this job on the heels of serving as Kansas Governor. Being a Governor is a pretty nice job, and it’s not an easy job to leave. When I left Kansas, I was excited about the opportunity to come to D.C. and run the Association, but I assumed my best days were behind me. I was wrong.
These have been the most important and rewarding years of my professional life. Together, we unified the profession to have one, powerful voice in D.C. Together, we developed the Quality Initiative and improved the lives of hundreds of thousands of residents. Together, we navigated through multiple administrations and Congresses. And together, we survived the pandemic, and you saved thousands of lives with your heroism. Together, we achieved a lot.
When I leave this role, we will continue to achieve the seemingly impossible. The AHCA Board has developed a process to find our next leader, and I’m confident they will find the right person. It will be different, but it will work. I’m sure of it. I’ve also agreed to serve the next leader as a consultant in any capacity they find helpful.
In the meantime, we have a lot to achieve this year. I won’t be dialing it in. Instead, I’ll continue to work hard every single day to achieve our objectives. I will not rest until we achieve all our goals. Those include a Medicare increase for the 13th year in a row, continued growth of our networks, ongoing work with the Group Purchasing Organization, and growth of the National Quality Award Program. We will also continue our work to fight the minimum staffing proposed rule.
I would also appreciate as little attention on me as possible. I’m not interested in a victory tour. Let’s make this year about winning and winning in the future. The most exciting times in the history of the profession are yet to come.
Thanks so much for everything.
Best,
Mark Parkinson
President & CEO, AHCA/NCAL
Reported by:
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RRSSC Important Update
KFMC Health Improvement Partners (KFMC) has become aware of potential future Medicaid rate implications for facilities that participated in the Covid-19 Long Term Care Rapid Response Staffing Support Center grant. We have discussed this issue with the Kansas Department for Aging and Disability Services (KDADS) and their rate setting contractor Myers and Stauffer LC (MSLC). Together, we developed a plan to account for grant program expenditures made on behalf of each facility. Currently the plan is for KFMC to provide KDADS and MSLC with a report of facility-specific grant expenditures and staffing hours provided that will be reviewed and automatically included for each participating provider during the annual rate setting process which begins in March. The costs of staffing provided through the grant program and any related staffing data such as staff hours should not be reported by the facility on the 2023 Medicaid cost reports.
KDADS will publish a notice of proposed rates and methodology April 4, 2024, in the Kansas Register https://sos.ks.gov/publications/kansas-register.html. This notice will reflect any plan to incorporate the grant program expenditures in the rate setting calculation. A 30-day public comment period will ensue upon the publication of the notice. We encourage you to watch for the notice publication and review and comment on any provisions related to the grant program.
If you have any concerns about the reimbursement implications of the grant program or reporting of grant data, please contact Christine Lewis with Myers and Stauffer at 800.255.2309. or by email at clewis@mslc.com
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Registration for this year's AHCA/NCAL Congressional Briefing will open on Wednesday, March 13. The event will take place June 3-4 in Washington, DC and is a great opportunity for AHCA/NCAL members to gather together, learn, and advocate for the long term care profession. Those who have attended Congressional Briefing previously know the impact these two days make. For those who have never attended, this year is critical to be on the Hill with the proposed staffing rule hanging in the balance. READ MORE
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Joint Provider Surveyor Training
Three Options to attend
March 19, 2024 (Topeka)
March 20, 2024 (Wichita)
March 20, 2024 (Virtual)
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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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