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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Office of the State Fire Marshal News - body worn cameras
Office of the State Fire Marshal is providing a brochure to all facility operators who might have questions about OSFM staff use of body worn cameras.
Due to recent questions, our legal counsel has visited with legal counsel from the Kansas Hospital Association, Kansas Association of School Boards, Kansas Board of Education, and other groups/entities who have contacted us with concerns over the use of the Body Cameras. In all cases, the attorneys have agreed that OSFM is operating legally, and the use of the body worn camera by our staff does not violate HIPAA or FERPA. All the attorneys have agreed that they need to better educate their membership and will be distributing the pamphlet.
Our personnel are to be accompanied by a staff member who ensures rooms are clear and no private materials are visible before we ever enter them. Under the law, it is the facility staff responsibility to protect privacy, and this is nothing new. That responsibility existed prior to the invention of body worn cameras.
Our personnel understand that these cameras are there to defend them from malicious allegations and that the videos are not viewed unless a complaint is made against an employee or there is an unusual incident that needs to be documented. Our recordings are protected from disclosure by K.S.A. 45-254, which defines the recordings as a criminal investigation record. In the end, these cameras document the true events and protect the State of Kansas against frivolous claims and complaints- saving an enormous amount of funding from having to defend against unsubstantiated allegations against our employees.
If you have any questions, please feel free to contact our legal counsel, Jared P Smith at jared.smith@ks.gov or 785-250-9498.
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Clinical Update from KHCA Consultant Linda Farrar
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Did you know that OSHA recently expanded its recordkeeping requirements? Nearly all providers are already required to maintain OSHA 300 Logs, Form 301, and Form 300A and submit 300A summary data before March 2nd each year. The NEW requirement for employers with 100 or more employees adds additional information to be submitted: OSHA 300 logs and Form 301 (incident reports). AHCA/NCAL is hosting an upcoming webinar with Brad Hunt, Chief Risk Officer at Leverity Insurance Group on February 13 at 2 PM CT. Brad, an expert on OSHA standards, will explain the OSHA recordkeeping requirements and prepare members to meet the deadlines and maintain compliance with the standard. He will also share best practices and how to avoid common mistakes when submitting this required information.
- According to AHCA…your organization and you advocate, says: “Residents in LTC communities are among those at the highest risk of severe disease and illness from common respiratory viruses, including the flu, RSV, and COVID-19. The good news is that safe, effective, and accessible vaccines are available to protect these individuals from serious illness or even death.” Most of you are acutely aware that COVID-19 is not “over”…by a long shot. Many nursing facilities continue to have outbreaks. Research has proven that being “up-to-date” with the vaccine may not prevent a person from having symptoms of COVID-19 but it does generally mean that the symptoms are minor and seldom leads to hospitalization. So, would it surprise you that as of the CDC website, last updated on 1-24-24 that 32% of nursing home residents in Kansas are considered up-to-date, which is down from the high of 35% on December 31, 2023?
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PEAK Program Enrollment Information
Are you looking for proven strategies to improve resident quality of life and satisfaction? Are you looking to elevate consumer demand? Do you want to reduce staff turnover? Don’t get left behind, enroll in the PEAK program today through April 15. Current PEAK participants do not need to enroll. Email coapeak@ksu.edu for details or questions. Go the PEAK website to learn more about the program and its benefits or call and talk to a PEAK consultant at (785) 532-2776.
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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.
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A Message from the President & CEO Linda MowBray: Our Kansas Commitment
The Legislators really rolled up their sleeves this fourth week of the session as a flurry of hearings and new bill introductions occurred.
On Monday, January 29, 2024, in House Social Service Budget Committee, an informal briefing was present by the Kansas Legislative Research on the Interim Committee Recommendations for Nursing Facility Reimbursement Rates. Very favorable remarks were made by the committee for fully rebasing the FY 25 nursing home rates and leaving the $19.58 Medicaid add-on in place. Later in the week, we met with both Representative Les Mason, chair of the House Social Service Budget Committee and Representative Will Carpenter, vice-chair of the House Social Service Budget Committee. Both expressed their commitment to funding our homes by championing both recommendations.
KHCA/KCAL members as well as those of LeadingAge Kansas and Kansas Adult Care Executives were brilliant Thursday, February 1, 2024 at our Aging Services Day at the Capitol. With over 100 attendees, 10 sponsor organizations and provider display tables, our presence was felt at the Statehouse. See more information and photos below.
The Bethell Joint Committee HCBS and KanCare Oversight met Friday, February 2, 2024. To see a recording of the broadcast, click here.
Also of interest, we met with the new Kansas State Fire Marshal on Tuesday, January 30, 2024. Mark Engholm was appointed by Governor Kelly in October 2023. His confirmation hearings are on-going in the Senate. A takeaway from that meeting was that KSFMO is considered “law enforcement” and as such, they wear body cameras, including 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. We will provide more information when a bill number is assigned.
A bill was also introduced Thursday February 1, 2024 in the House Health and Human Services committee that 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. Click here for the proposed language.
Hearings are scheduled for next week for the “No Patient Left Behind” bill in both the House and the Senate. The Senate bill SB352 did not include long-term care. The House bill, HB 2548 does include long-term care. I’m not seeing anything of great concern but please feel free to reach out to me if you wish to discuss.
KDADS budget will have a hearing in the House Social Services Budget Committee on February 14 with public testimony to be heard on the 15th. Look for more information on that in the coming weeks.
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.
Linda MowBray
President/CEO
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Yesterday, over 100 people representing Aging Services spent time at the State Capitol during KHCA/KCAL, LeadingAge and KACE's Age Aging Services Day. We’d like to thanks all that took time out of their schedules to convey the message to our State Legislators the importance and value of Aging Services. |
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Providers, Federal Officials Meet To Boost Nursing Home Vaccination Improvements
McKnight’s Long-Term Care News (2/1, Marselas) reports, "Providers and top federal officials intent on saving more seniors’ lives met near the White House Wednesday to plan nursing home vaccination improvements." HHS Secretary Xavier Becerra "met with a group of skilled nursing providers, clinicians and nursing home residents to discuss their approach to the next respiratory virus season, even as cases of three main illnesses remain elevated this season." Their "focus was on preparing for vaccination efforts to improve protection ahead of the 2024-25 flu and RSV season, and, possibly, another COVID19 spike." AHCA/NCAL Chief Medical Officer David Gifford, MD, MPH, "attended the meeting with AHCA Board Chairman Phil Scalo." Gifford said in an emailed statement on Wednesday, "It is evident that our country faces significant, systemic challenges with vaccine reluctance that requires a collective endeavor by public health officials, other health care providers, and the public to overcome." Gifford added, "Conversations like those hosted today by the administration can help us find a productive and positive path forward, whether during this cold and flu season or the next. ... As providers, we remain persistent in educating and encouraging families and residents to get vaccinated." Gifford also "said the administration’s help in reinforcing the importance of the vaccines, ‘especially for our nation’s seniors and those who care for them’ was sincerely appreciated."
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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
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Resident Care Coordinator Training for Nurses in Assisted Living
Assisted Living homes are one of the fastest growing segments of Kansas Long Term Care. Homes that understand the importance of the Resident Care Coordinator know that the right nurse with the right systems can be the answer to providing excellence in resident centered care.
Join KCAL professional nurses for a full day of training specifically designed to give nurses in the state licensed only setting (Assisted Living/Home Plus/Residential Health Care) the tools they need to succeed. From “up-to- date” regulatory information to hints for designing systems, this course will provide “The Right Stuff” for a nurse to succeed as a Resident Care Coordinator.
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Webinar: The Impact of the MDS: Ripple Effect on Reimbursement
2/7/24 - 1:30PM-2:30PM
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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
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OSHA Recordkeeping & New Reporting Requirements
2/13/24 - 2:00PM-3:00PM
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Webinar: The Impact of the MDS: MDS Influence on the Quality Measures
2/14/24 - 1:30PM-2:30PM
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Resident Care Coordinator Training for Nurses in Assisted Living
2/16/24 - 8:30AM-3:30PM in Ottawa, KS
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Webinar: Documentation in Depth: Supportive Documentation for Behavioral Health and Mental Illness
2/20/24 - 1:30PM-2:30PM
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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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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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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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