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A Message from the Kansas Department for Aging and Disability Services: Implementation of Fingerprint-based Criminal Background Checks (FCBC)
Effective January 1, 2023, the Centers for Medicare and Medicaid Services (CMS) designated skilled nursing facilities (SNFs) that are initially enrolling (which includes most undergoing a change in ownership (CHOW)) as “High” Risk. This change was published in the Federal register on November 18, 2022; however, states were not directly notified until December 29, 2023. Two federal regulations, §§ 424.518(c) and 455.450(e), are used to indicate the providers and provider types that State Medicaid Agencies (SMAs) must categorize as “high” risk. Section 424.518(c)(1) lists the provider types under the “high” risk category. During initial enrollment and most CHOWs all individuals with 5 percent or more direct or indirect ownership interest in a SNF are required to obtain and submit fingerprints either to CMS or to the Kansas Department of Health and Environment Division of Health Care Finance (KDHE/DHCF) within 30 days of emailed notification. Any SNF with a 5% owner barred from enrollment, or failure to submit fingerprints, may result in termination or denial per 42 CFR 455.416. Please see 42 C.F.R. § 455.101 for the definition of person with an ownership or control interest and § 455.102 for determination of ownership or control percentages.
SNFs that initially enrolled or underwent a CHOW in Kansas from January 1, 2023, through April 30, 2024, will fall into two categories: READ MORE
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House committee split raises new questions on nursing home staffing rule’s future
Some House lawmakers Tuesday painted their effort to repeal a new nursing home staffing mandate as a bid to ensure access to care and to stake their authority over a rogue regulatory agency at the same time.
But a bill that would block the rule from taking effect this summer is no shoo-in, judging by Democrats’ criticism. READ MORE
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Urgent Call to Action: Come to Washington to Meet with Your Members of Congress
Last week, the Biden Administration announced the Nursing Home Minimum Staffing Final Rule - a decision that demands our immediate attention.
This one-size-fits-all mandate from the Centers for Medicare and Medicaid Services threatens to deepen the workforce crisis in long term care, jeopardizing access to care for our seniors. With bipartisan opposition from lawmakers and widespread concern among healthcare leaders and policy experts nationwide, the time to act swiftly and decisively is now.
Your Members of Congress need to hear from you as they consider the bipartisan Protecting America's Seniors' Access to Care Act (S. 3410/H.R. 7513) which would prohibit the U.S. Department of Health and Human Services Secretary from finalizing the proposed nursing home staffing rule. Join us in our efforts to safeguard long term care facilities nationwide from involuntary closures.
Make plans to join us for Congressional Briefing, June 3-4.
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Employment Updates: FTC’s Final Non-Compete Rule and DOL’s Overtime Rule
On April 23, 2024, the Federal Trade Commission’s (FTC’s) Final Non-Compete Rule and U.S. Department of Labor’s (DOL’s) Overtime Rule were released. AHCA/NCAL commented on the proposed rules during the open comment periods and has developed a summary of the final rules, as well as their potential impacts on long term care providers. Please note that an AHCA/NCAL member login is required.
The information provided is not deemed legal advice, and you may wish to contact an attorney if you have legal-related questions. If you have any questions around these two rules, please contact AHCA’s Associate VP of Workforce and Constituency Services, Dana Ritchie.
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Nursing Home Staffing Mandate Could Face Court Challenges, Congressional Action
According to ModernHealthcare (4/29, Eastabrook, Subscription Publication, 215K), "A nursing home staffing mandate could face court challenges and congressional action as skilled nursing facilities prepare for the first phase of" the CMS "rule to go into effect this summer." Last week, hours after CMS finalized the rule, "nursing home trade group the American Health Care Association [AHCA] said it would ‘vigorously defend nursing home members by any means necessary and is exploring all options.’" AHCA "singled out that requirement when it submitted comments on the proposed version of the mandate to CMS last fall. The association challenged the agency’s statutory authority, saying the requirement ‘would potentially alter how available an RN must be, unlawfully substituting CMS’s judgment for the standard enacted by Congress.’" Members of Congress from both parties, meanwhile, "said they were reviewing possible ways to roll back the mandate."
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RAC-CT Certification In-Person Workshop
June 25-27, 2024
Wichita, KS
Increase your knowledge of clinical assessment and care planning, completion of the MDS, the regulations surrounding the RAI/MDS process, and managing the PDPM by attending an AAPACN Resident Assessment Coordinator-Certified (RAC-CT) certification workshop. Having the RAC-CT credential behind your name shows you are a knowledgeable and capable MDS professional. RAC-CT certification is the nationally recognized gold-standard in resident assessment in the long-term care nursing profession. By earning this credential, individuals have shown their expertise in skilled nursing facility prospective payment system and minimum data set (MDS 3.0) assessment.
The RAC-CT certification program consists of 10 education courses designed for post-acute care professionals with at least six months of experience with the MDS/RAI process. If you have less than six months of experience, we highly recommend taking MDS Essentials as a foundation to get you started and make sure you’re prepared to succeed in the RAC-CT program. To earn the RAC-CT credential, you must successfully complete the associated final certification exams with a score of 80% or higher. You will have one year from the date of the workshop before they expire. There are three exam attempts per course. Recertification is required every two years.
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Webinar: Deconstructing Immediate Jeopardy Mitigation: Navigating Top Risk Areas: Reducing Risks Related to Infection Control
5/14/24 - 1:30PM-2:30PM
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Webinar: Documentation in Depth: Supportive Documentation for Dialysis Care
5/21/24 - 1:30PM-2:30PM
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Webinar: Deconstructing Immediate Jeopardy Mitigation: Navigating Top Risk Areas: Reducing Risks related to CPR
6/11/24 - 1:30PM-2:30PM
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SSD Boot Camp
6/17/24 - 8:30AM-4:00PM
Topeka, KS
This class is full! Please email khca@khca.org to be placed on wait list.
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Nurse Leadership Conference
6/18 - 6/19/24
Manhattan, KS
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Webinar: Documentation in Depth: Supportive Documentation for End-of-Life Care
6/18/24 - 1:30PM-2:30PM
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RAC-CT Certification In-Person Workshop
6/25 - 6/27/24
Wichita, KS
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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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