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In observance of the U.S. federal Memorial Day holiday, we will not publish on Monday, May 27, 2024. Service will resume on Wednesday, May 29, 2024. We wish our members a safe and happy holiday. |
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A Message from Mark Parkinson: AHCA/NCAL Files Suit Against the Biden Administration
Our Fight Against the Staffing Mandate Advances
AHCA/NCAL remains committed to fighting the Administration’s staffing mandate. I want to share some very important developments in our efforts.
Late Thursday, the Association filed a lawsuit against the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS), challenging the Administration’s authority to mandate minimum staffing levels in nursing homes. The lawsuit was filed in the Northern District of Texas, and we were joined by the Texas Health Care Association (THCA) and several local Texas facilities as co-plaintiffs. I want to especially thank THCA and these facilities for standing up with us and on behalf of the profession through this court case.
AHCA/NCAL has retained Clement & Murphy, PLLC as our attorneys for this case. They have a strong reputation and have argued nearly 150 cases before the Supreme Court as well as countless more in federal and state appellate and trial courts throughout the country. Learn more about them in this interview with Paul Clement. I want to thank you, the members, for providing us with the necessary resources to ensure we have the best legal team.
This district court case will take many months. We may not have a ruling until the first quarter of 2025. While we are confident in the merits of our case, we will continue to explore every possible avenue to defeat the mandate.
Our Legislative Efforts to Block the Rule Continue
As you know, we are implementing other strategies, as well, including through Congress. We’ve been so successful in firing up lawmakers about this issue, that some legislative efforts are happening all on their own. House Republicans recently introduced a Congressional Review Act resolution that would overturn the minimum staffing requirement. In addition, there is the bipartisan Protecting America's Seniors' Access to Care Act (S. 3410/H.R. 7513), which would prohibit HHS from implementing the rule. Both have an uphill battle, but our smart, dedicated government relations team continues to push these efforts forward.
Meanwhile, we are also continuing to advocate for legislation that will support growing our workforce, such as the Train More Nurses Act, the Healthcare Workforce Resilience Act, the Building America’s Health Care Workforce Act, and the Ensuring Seniors’ Access to Quality Care Act (aka the CNA lockout bill). The CNA lockout bill passed out of the House Ways & Means committee, and both the CNA lockout bill and the Building America’s Health Care Workforce Act recently passed out of the House Energy & Commerce committee, which are encouraging developments.
Finally, I am excited to report that we have record registration numbers for Congressional Briefing next month. I know it is hard to leave your buildings for a few days, but we need you. We need your voice and your advocacy with members of Congress on behalf of your residents. We would love to get this record-breaking number even higher. You can find out more about Congressional Briefing and register on our website.
I am confident that ultimately, we will prevail. Whether through the courts or Congress, we will not give up until we stop this unfunded, impossible to implement final rule.
In case you missed it, we released an analysis earlier this month that showed nursing homes will have to hire an additional 102,000 nurses and nurse aides at a cost of $6.5 billion each year to comply with the mandate. And nearly one-quarter of nursing home residents may be at risk of displacement because buildings may be forced to close or downsize. We understand what’s on the line for you, your residents, and your staff. We can’t stop; we won’t give up.
Thank you, again, for everything you do. AHCA/NCAL will continue to fight on your behalf, and we appreciate your support in helping us succeed.
Sincerely,
Mark Parkinson
President & CEO, AHCA/NCAL
Reported on by:
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'Inspiring Generations' Revealed as Theme for National Assisted Living Week 2024
NCAL revealed 'Inspiring Generations' as this year's theme for National Assisted Living Week. The annual, national observance – officially sponsored by Select Rehabilitation in 2024 – provides a unique opportunity for residents, their loved ones, staff, volunteers, and local communities to celebrate the individuals who live and work in assisted living and to learn more about this sector of long term care. READ MORE
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Alzheimer’s Association Names First Project ECHO Superhub For Alzheimer’s And Dementia Care
McKnight’s Senior Living (5/23, Bonvissuto) reports, "Senior living and other long-term care providers looking to launch their own dementia care training programs now can turn to the Alzheimer’s Association, which was just named the world’s first Project ECHO Superhub for Alzheimer’s and dementia care." The Extension in Community Health Outcomes "is a virtual community that provides mentoring and support to three audiences — community and long-term care (including assisted living) professionals, health systems and clinicians, and public health professionals." According to figures "cited by the National Center for Assisted Living, 42% of assisted living residents in the nation have diagnosed dementia." In addition, NCAL "reported that 18% of assisted living communities have a dementia care unit, wing or designated floor, and 11% only serve adults living with dementia."
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Nurse Leadership Conference
6/18/2024 11:00AM - 6/19/2024 4:00PM
Manhattan, KS
This special Nurse Leadership Conference sponsored by Tapestry Health is an opportunity for nurses working in the Long-Term Care setting to strengthen their leadership and clinical skills. Building strong leaders through education is essential to promoting a better quality of life for our residents. Meet new vendor partners and spend time networking and getting to know others that are doing the same valuable work that you’re doing. A networking event is in the works for the evening of June 18th. This will be a separate ticket event, so don’t forget to sign up. Let’s celebrate all that we’ve accomplished, together.
Education Topics Include:
- The Magic of Connection for Leaders
- Unlocking Behaviors; A Holistic Approach to Dementia Care
- Work Smarter not Harder; Harnessing the Power of People and Artificial Intelligence in Nursing Leadership
- Advance Care Planning and Effective Conversations about DNR
- The Pitfalls of Documentation
- Diagnosing Deeper, Root Cause Exploration for Nursing Excellence
- Survey Prep; A review of common wound citations and how to avoid them
- Regulatory Hot Topics and Open Discucssion
- Plus a Nurse Advisory Committee Elections and a social and networking event at the Liquid Art Winery on the evening of June 18th.
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CMS updates spousal impoverishment standards
The Centers for Medicare & Medicaid Services on Wednesday announced updated 2024 spousal impoverishment standards, which apply when married individuals seek coverage of certain long-term services and supports via the Medicaid program. READ MORE
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Coalition Urges Congress To Pass Bill Expanding Assisted Living Access For Veterans
McKnight’s Senior Living (5/21, Bonvissuto) reports, "A coalition of long-term care, veterans and Alzheimer’s organizations joined in urging Congress to pass legislation expanding access to assisted living settings for eligible veterans." Four long-term care organizations including the National Center for Assisted Living "co-signed a letter May 15 with national Alzheimer’s and veterans’ organizations in asking House of Representatives and Senate leadership for support of HR 8371, the Senator Elizabeth Dole 21st Century Veterans Health care and Benefits Improvement Act." The coalition’s letter stated the bill "authorizes the VA to offer assisted living settings for aging and disabled veterans who would otherwise require more expensive nursing home care, thus giving the veteran more options for how and where they can get the long-term care they need."
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Elevate Your Geriatric Care Competency for Less During the Gero Nurse Prep Sale
The American Health Care Association/National Center for Assisted Living’s Gero Nurse Prep course significantly increases RNs’ gerontological nursing competency test scores. Registrants can save $200 on Gero Nurse Prep through June 15, 2024 with promo code RNPATH24 (all caps).
Research conducted by AHCA/NCAL in 2023 found compelling reasons to consider the Gero Nurse Prep course and ANCC Board certification for RNs. Nursing facilities with at least one ANCC Board certified RN experienced:
- Lower rehospitalization rates for short stay and long stay residents
- Fewer deficiencies on average
- Fewer Immediate Jeopardy (IJ) citations
- More stars -- twice as likely to be a CMS 5-Star facility (44% versus 19%)
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Invitation to KDADS Waiver Renewal Input Sessions: Frail Elderly (FE) Waiver Renewal/ Physical Disability (PD) Waiver Renewal
You are cordially invited to participate in two upcoming virtual input sessions hosted by the Kansas Department for Aging and Disability Services (KDADS). We are seeking your valuable feedback and ideas for the renewal of two important waivers:
These sessions are an excellent opportunity to hear preliminary plans and share your insights to help enhance the services provided under these waivers.
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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 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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