A Message from the President & CEO Linda MowBray: Our Kansas Commitment

Things are beginning to pick up speed in this third week of the Legislative session as more bills are being introduced and hearings are being scheduled.

As mentioned last week, a new version of the “No Patient Left Behind” bill was introduced in the Senate Public Health and Welfare. That bill did not include long-term care. A similar bill, HB 2548 was introduced in the House Health and Human Services Committee. This one 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.

On Monday, January 29, 2024, a hearing will be held in the House Financial Institutions and Pensions Committee on HB 2562. This is the “protect vulnerable adults from financial exploitation act.” We are not testifying at this time but will be monitoring for implications, if any, for long-term care.

The Bethell Joint Committee on HCBS and KanCare Oversight will meet Friday, February 2, 2024, at 9:00am in room 112-N. To watch live or to review later, click here.

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.

KDADS budget will have a hearing in the House Social Services Budget Committee on February 14 with public testimony to be heard on the 15^th. Look for more information on that in the coming weeks.

This edition of Health at the Capitol looks at health-related policy issues announced or discussed during the second week of the session. READ MORE

KFF Health News (1/25, Rau) reports, "A U.S. Senate committee on Thursday launched an examination of assisted living, holding its first hearing in two decades on the industry as leaders of both parties expressed concern about the high cost and mixed quality of the long-term care facilities." Both "Democratic and Republican leaders of the Senate Special Committee on Aging said their inquiry aimed to detail the financial practices and quality levels in the industry so that consumers would be better able to choose facilities." In a news release, the National Center for Assisted Living "said the overall quality of facilities is strong and best overseen by states. It acknowledged that the U.S.’ method of funding long-term care is ‘broken’ and that assisted living is ‘out of reach for too many seniors.’"

The Washington Post (1/25, MacMillan, Rowland, 10.52M) reports the American Health Care Association/National Center for Assisted Living "pledged after the hearing to ‘support collaboration and transparency among policymakers, providers and the public’ and educate people about the benefits of state regulation." NCAL board member and Gardant Management Solutions Co-President Julie Simpkins "echoed industry talking points during the hearing and warned senators against pursuing uniform standards." Simpkins said, "When we talk about assisted living, it’s important to note that every state, every facility and every resident is different. ... Efforts to standardize all assisted-living communities would be both unworkable and irresponsible for resident care." 

These policies and a comments form may be found at the following link: HCBS Policies (ks.gov)

The ACC S&C Dashboard has been enhanced to provide users access to more provider types in a centralized location. Users can quickly access S&C data supporting the following provider types: READ MORE

The 2023-2024 Assisted Living Salary & Benefits Report, published by HCS and supported by the National Center for Assisted Living (NCAL), is now available. Overall, long-term care wages continue to increase, albeit at a pace slower than the double-digit increases seen in 2021/2022. This positive industry trend was supported in the three most recent HCS long-term-care Reports on CCRCs, Nursing Homes, and now Assisted Living Communities. All three long-term care sectors also saw turnover rates decline for the second year in a row. READ MORE

Reminder—the discounted rate for NCAL members is $300 (vs the regular price of $375). 

Learn more and register by clicking here.

Last year, the National Labor Relations Board (NLRB) issued the final joint employer rule that broadens the NLRB's definition of employer. It rescinds a 2020 final rule issued by the previous NLRB. Employers should prepare to comply with the new rule effective February 26, 2024.

AHCA/NCAL has provided a summary for its members with additional, vital information. Please note that an AHCA/NCAL member log-in is required to view the summary.

Skilled Nursing News (1/23, Siddiqi) reports CMS "officials are looking to finalize the nursing home minimum staffing proposal in 2024, an official at the federal agency confirmed at its national stakeholder call on Tuesday." CMS Center for Clinical Standards and Quality Acting Chief Medical Officer and Director Dr. Dora Hughes said, "The team received more than 46,000 comments on the proposal which are being used to inform development of the final rule which we intend to finalize this year." In response to the agency’s "intended timeline for 2024, advocacy groups told Skilled Nursing News that they had grave concerns about the lack of workers and funding." An American Health Care Association/National Center for Assisted Living spokesperson said in an email to SNN, "It is unfortunate that CMS plans to move forward with this rule despite the vast amount of concerns from a variety of stakeholders. This unfunded staffing mandate will have a compounding and detrimental effect on seniors’ access to long term care."

McKnight’s Long-Term Care News (1/23, Marselas) also reports. 

Though sparse on details, the Jan. 16 announcement highlights concerns that third-party contractors may not have sufficient oversight to ensure proper performance of nursing home surveys. READ MORE

Provider Magazine (1/23, 151K) reports that in a Q&A with National Center for Assisted Living Executive Director LaShuan Bethea, "Bethea reviews the accomplishments of 2023 and forecasts what 2024 will hold for the assisted living sector." Discussing the successes of last year, Bethea said, "Assisted living providers have continued to deliver the high-quality care that residents depend on in their communities. They – like all long term care providers – have faced myriad challenges since the pandemic, and yet they continue to meet residents’ needs day-in and day-out." Bethea added, "That commitment shines bright through the results of the AHCA/NCAL National Quality Award Program in 2023. We saw a record number of assisted living communities (as well as nursing home providers) declare their interest in applying for a Quality Award since the beginning of the pandemic." When asked what the top issues facing providers will be this year, Bethea explained, "Many of these issues have been ongoing for many years. We continue to face a labor shortage, which – as mentioned – impacts access to care and not quality of care. ... This will only be made worse by the Biden Administration’s proposed staffing mandate." Still, Bethea concluded, "I believe 2024 is going to be an exciting year for assisted living," highlighting NCAL’s focus to improve workforce, population health management, and quality. 

You can schedule a call with a Service Center Representative at a time that best works for you! Just go to the CCSQ Support Central page and click on Schedule a Call. READ MORE

The Centers for Disease Control & Prevention and Centers for Medicare & Medicaid will host a webinar on Wednesday, January 31, 2024, at 1:00 p.m. CT regarding strategies to increase immunization rates in long term care. 

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Looking for an AIT Program? Click here for more details on KHCA's Program.

Questions? Email Teresa Keating at tkeating@khca.org

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