March 4, 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
CDC Updates Respiratory Virus Guidance

New Guidance Does Not Apply to Health Care Settings

The Centers for Disease Prevention and Control (CDC) issued updated guidance for respiratory viruses in community settings. The CDC’s Respiratory Virus Guidance is intended for a general audience and community settings, including assisted living communities. It does not apply to health care settings, including nursing homes. 

The CDC offers separate, specific guidance for health care settings (COVID-19, general infection prevention and control, and flu) and Interim Guidance for Managing Healthcare Personnel with SARS-CoV-2 Infection or Exposure to SARS-CoV-2 that is not currently changing. Nursing homes remain under the health care setting guidance and are therefore not impacted by these updates. 

Please note that if your state has specific guidance, ensure you are following the local directions.  

The CDC’s goal in making these updates is to simplify its recommendations while continuing to protect people against respiratory viruses. It noted effective vaccines against respiratory viruses and reduced hospitalizations and death from COVID-19 as driving factors for this new guidance.
 
The KHCA/KCAL team is clarifying with KDADS where our Kansas State Licensed Only (Assisted Living, Home Plus, Residential Health Care) communities fall with this new guidance.

Please email COVID19@ahca.org with any questions. 
Clinical Update from KHCA Consultant Linda Farrar

Our state is no different from other states across the nation when it comes to deficiencies being written at F880 (Infection Control) related to linen requirements. AHCA also noted the number of deficiencies relate to laundry and linen requirements so they have provided a Tip Sheet. My clinical update this week includes that Tip Sheet. Feel free to share it with your team. READ MORE
Nursing Home Leaders Send Joint Letter To Congress Urging Rejection Of Federal Minimum Staffing Proposal

Skilled Nursing News (3/1, Stulick) reported that "more than 1,000 nursing home leaders, along with associations" including AHCA/NCAL, "sent a joint letter to House Ways and Means Committee leaders to reject the federal minimum staffing proposal." This "letter, spearheaded by AHCA/NCAL, was sent late Thursday and signed by state partners and providers as well, urging support for the Protecting Rural Seniors’ Access to Care Act (H.R. 5796) which would effectively stop the proposal." AHCA/NCAL Government Affairs Senior Vice President Clif Porter said in a statement, "Nursing homes are a critical part of our health care continuum, which is why the number of stakeholders speaking out against this flawed policy continues to grow. ... We are extremely proud to have led this effort and grateful for the support of these organizations." The group "strongly urged Congress to support the legislation, and in turn protect access to care for the country’s seniors." 
AHCA/NCAL Calls For Federal Action To Address Outages From Change Health Care Cyberattack

McKnight’s Senior Living (3/4, Dorman) reports, "The recent cyberattack on Change Health care has led to major problems for long-term care providers, especially nursing homes and particularly with claims processing and billing." In response, AHCA/NCAL is "urging federal action." The organization "sent a letter to the US Department of Health and Human Services Thursday, requesting specific action, including enabling access for advanced payments and facilitating better communication from Change Health care on the situation." AHCA/NCAL President and CEO Mark Parkinson wrote in the letter, "Timely payments are essential for facilities to maintain daily operations and to keep their doors open for residents and patients...and we request your support for providers to access accelerated payments." Currently, CMS "allows for advanced payment eligibility under ‘highly exceptional situations,’ the letter notes." 
In Case You Missed It
A Message from the President & CEO Linda MowBray: Our Kansas Commitment

Welcome to the first of windy March that comes on the heals of a very windy week eight in the Kansas Legislature. 

Budget recommendations were made to appropriations committees on both the House and Senate side. Your reach outs to members of those committees were very effective and we went into those meetings feeling like your needs had been heard. In the House, the following were recommended:
  • Fully rebase nursing facility rates for FY25 with $45M, including 17.4M State General Funds (SGF).
  • Add $48.3M, including $18.6M SGF, to increase the average reimbursement for agency directed personal care services on the HCBS Frail Elder (FE) waiver to $30 per hour.
  • Continue the $19.58 Medicaid add-on per Medicaid resident through FY25 (ending June 30, 2025.) This amounts to $60.9M, including $23.4M SGF.

The Senate agreed to these recommendations:
  • Full rebase as above.
  • Increase HCBS FE waiver as above.
  • Create a Medicaid add-on rate of $10 per day per Medicaid resident (instead of the House version $19.58).

There is still plenty of time to try to move the dial on the Senate side but at least we have a floor of $10 and a ceiling of $19.58 plus the full rebase.

Other issues that are still alive for this session:
  • Barring KSFMO to wear body cams as part of a routine inspection.
  • Requiring staffing agencies to register with KDADS.
  • Moving the regulatory duties surrounding Continuing Care Retirement Communities (CCRCs) from the Kansas Insurance Department to KDADS.
  • Requiring KDADS to track involuntary discharging from Assisted Living, Res Care and Home Plus for one year prior to legislative action be taken to create an appeals process for involuntary discharges.
  • No patient left alone requiring adult care homes and hospitals to allow visitation for a terminally ill resident/patient.

The rumor at the rail this week is that Senate President Ty Masterson would like to gavel out Sine Die on April 5, 2024, and eliminate a veto session this year. Reports are House Speaker Dan Hawkins is not inclined. Stay tuned. Either way there is lots of session left.
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
Cybersecurity Alert: Change Healthcare

Strategies to Support Cash-Flow

As we informed you on Wednesday, February 21, 2024, UnitedHealth Group Inc.’s technology subsidiary Change Healthcare announced that its systems were adversely affected by a security incident. 

At this time, we do not know the breadth of the impacts on long term and post-acute care community as most claims submissions and billing activities occur at month-end. However, we believe there is a risk that many providers may encounter difficulties in submitting and being paid for claims through vendors that have been using Change Healthcare clearinghouse services. 

We sent a letter to the U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra requesting that HHS and CMS take specific actions in response to this issue. In the letter, AHCA/NCAL President and CEO Mark Parkinson asks HHS and CMS to announce that the situation meets the criteria for issuing accelerated payments through the Medicare program; instruct Medicare Administrative Contractors (MACs) to notify providers of the policy; and to encourage Medicare Advantage plans to provide a similar advanced payment option. 

How Providers Can Take Action - CLICK HERE

Workforce improvement No. 1 target in final OIG report on nursing home pandemic effects

Steep challenges faced by nursing homes during the COVID-19 pandemic continue to hinder their ability to provide quality care and adequate staffing, according to new report findings from the US Department of Health and Human Services Office of Inspector General released Thursday. READ MORE
New isolation guidance for COVID-19 excludes nursing homes

People with COVID-19 no longer have to isolate for five days, per new guidance issued by the Centers for Disease Control and Prevention on Friday. However, the recommendations are for the general public and do not apply to healthcare settings such as nursing homes. READ MORE
Older Adults Now Able to Receive Additional Dose of Updated COVID-19 Vaccine

Yesterday, CDC Director Mandy Cohen endorsed the CDC Advisory Committee on Immunization Practices’ (ACIP) recommendation for adults ages 65 years and older to receive an additional updated 2023-2024 COVID-19 vaccine dose. The recommendation acknowledges the increased risk of severe disease from COVID-19 in older adults, along with the currently available data on vaccine effectiveness. READ MORE
Platform Launches Online Staffing Calculator To Help SNFs Reduce Agency Use

McKnight’s Senior Living (2/29, Gaivin) reports, "Seattle-based CareListings has launched an online staffing calculator for operators of skilled nursing facilities, with the goal of leading them to reducing their dependency on agency staffing." Using data from CMS, "‘the calculator is designed to help optimize staffing levels based on regional averages, project the financial impact of compliance with the potential CMS HPRD [hours per resident per day] staffing mandates, and identify savings opportunities by reducing reliance on agency staffing,’ CareListings CEO and Founder Carl Rogers told the McKnight’s Business Daily." Also, the platform "has a site for assisted living and memory care providers to enter their own data, Rogers said." 
Upcoming Webinar: Independent Contractors Final Rule and LTC Provider Impact

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. AHCA/NCAL will host a free webinar on Friday, March 8 at 12:00 p.m. CST on how the new final rule will impact the workplace of long term care providers and answer questions providers have. 
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!
Education Spotlight
Joint Provider Surveyor Training

Three Options to attend
March 19, 2024 (Topeka)
March 20, 2024 (Wichita)
March 20, 2024 (Virtual)
Upcoming Education
Webinar: The Impact of the MDS: MDS Systems & Mechanisms for Care Plan Effectiveness

3/6/24 - 1:30PM-2:30PM

Click here for more details.
Webinar: Deconstructing Immediate Jeopardy Mitigation: Navigating Top Risk Areas: Reducing Risks Related to Abuse and Neglect

3/12/24 - 1:30PM-2:30PM

Click here for more details.
Webinar: Documentation in Depth: Supportive Documentation for Pain Management

3/19/24 - 1:30PM-2:30PM

Click here for more details.
Joint Provider Surveyor Training

March 19 - Topeka, KS
March 20 - Wichita, KS
March 20 - Virtual

Click here for more details.
Adult Care Home Operators Course

3/27 - 4/8/24

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