January 27, 2025

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.

Membership 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.

If you have any questions or concerns regarding your membership status, please contact Kristin Plantz kplantz@khca.org.

The Latest News

Clinical Update from KHCA Consultant Linda Farrar

NOTE: To start, through communication with Hawley Hunt, from AHCA, there is no definitive word from CMS about any potential delays in implementation of QSO-25-12-NH including the REVISION of 1-17-25 postponing the implementation of the regulatory changes. But they will let us all know as soon as CMS issues implementation information. Please note that some of the revisions were just clarification and organizational changes to clarify current regulatory requirements, i.e., requirements for non-pharmacological interventions for both pain management and use of psychotropic medications, etc., so review of current regulations is warranted in order to be prepared in case the regulatory changes are implemented on the current timeframe. READ MORE

Virtual KDADS Regional Round Tables February 10th, 2025

Please join survey certification and credentialing commissioner Lacey Hunter and assistant commissioner Dawne Altis for a virtual session of Adult Care Home regional round tables, February 10th, 2025, from 12pm-1:30pm.

Topics will include:

State Licensed Only Involuntary Discharge Reporting (Assisted Living, Residential Health Care, Home Plus)
Changes to CCRC since July 1, 2024
Receivership - what is it and how do you apply for it
Top deficiencies cited
Survey consistency
CMPs and Other Enforcement
NATCEP Bans and Waiver Process

In Case You Missed It

A Message from the President & CEO Linda MowBray: Our Kansas Commitment - Update from 1/24/27

The Legislature is back in session and so returns your Friday update. First, let me say that last Friday, your KHCA board of Directors met with the Federico//Duerst lobby team to discuss the difficulties facing us this legislative session. The budget process has been accelerated, the session will be shorter, potentially ending April 12, 2025 and rumors of 7.5% cuts across all budgets are flying wildly*. Couple that with the devastating drop in rates many providers experienced January 1, our profession is on the edge of a very steep cliff.

With that said, we still have champions for you and the elders you service. In the words of Representative Will Carpender, Chairman of the House Health and Human Services Committee and Vice-Chair of the House Social Service Budget Committee, “Saving our nursing homes is a hill I’m willing to die on.” He has our back, and we have a plan.

This morning, we met with Speaker Dan Hawkins, Chairman Buehler and Representative Carpenter and proposed an increase to the budget that would achieve a full rebase and an additional $30 per day Medicaid add-on. This is an enormous lift and we will need all of our members to help out with this one.

Action Steps

First, complete this joint KHCA/LeadingAge Kansas survey asking about how you are utilizing the current Medicaid add-on of $15.18. https://forms.office.com/r/v4K5gFkYvL

Second, sign up today for our joint KHCA/LeadingAge Kansas/KACE Aging Services Day which is Tuesday, February 18, 2025. Kansas Health Care Association and prepare to tell your story to your elected officials.

Finally, your experiences, concerns, and ideas continue to shape our advocacy efforts. Please continue to communicate with us about how reimbursement is looking in your building and how it is affecting your residents and staff. We have met with KDADS as well as Myers and Stauffer to discuss the January 1, 2025 drop in rates. We will continue to investigate the calculations for PDPM to determine if an error was made like in Missouri. Thank you for trusting us to be your voice in this fight.

* From the Kansas Health Institute “Health At The Capitol” newsletter:

On Tuesday, Jan. 14, Rep. Troy Waymaster, chair of the House Appropriations Committee, introduced House Bill (HB) 2007, a legislative budget bill for fiscal years ending June 30, 2025, June 30, 2026, and June 30, 2027. The budget bill is the result of the work of the newly formed Special Committee on Legislative Budget, which met during November and December. Hawkins stated on Jan. 15 that Chair Waymaster has also asked all state agencies to provide a 7.5 percent reduced resource proposal for their FY 2026 budgets, which will be reviewed by the standing budget committees.

In other news, we met with Senate Majority Leader Chase Blasi on Tuesday to discuss the proposed legislation tightening the regulations on Contract Nursing Providers. Click here to see the draft language of the bill.

On Thursday, January 23, 2025, I co-presented with LeadingAge Kansas to the House Health and Human Services Committee (HHS). This was a great opportunity to present a 101 on long term care to the committee as well as meet new members of the legislature.

Next week, more budget hearings and advocacy. In addition to our Aging Services Day, I would love to have any of you join me at the Capitol and see how the sausage is made so to speak.

As always, I am grateful for the opportunity to serve you.

Linda MowBray, President/CEO

lmowbray@khca.org

(785) 267-6003

New Executive Orders Impacting Long Term & Post-Acute Care

The first week of the Trump Administration has seen a flurry of activity with a high volume of executive orders issued by the President. While some orders may have an indirect impact on the profession (e.g., immigration, international trade, etc.), below is a summary of the key executive orders and directives with a direct impact on long term and post-acute care providers. AHCA/NCAL will continue to monitor and keep you apprised of ongoing developments in Washington that may impact your ability to comply with federal requirements.

Pause on Federal Health Agency Communications

A temporary halt to all external communications from federal health agencies has been put in place. This includes health advisories, weekly scientific reports, website updates, and social media posts. The directive impacts agencies under the Department of Health and Human Services, such as the Centers for Medicare and Medicaid Services (CMS), Centers for Disease Control and Prevention (CDC), and National Institutes of Health (NIH).

For facilities using the CDC’s dashboards to track COVID-19 cases among residents and staff, you may need to consult your state or local health department for information.

Diversity, Equity, and Inclusion (DEI) Programs

Every federal contract or grant award must include a term requiring the contractor or grant recipient to certify that it (1) is in full compliance with all applicable federal anti-discrimination laws and (2) does not operate any programs promoting DEI that violate such laws. These certifications will be considered material to the government’s payment decisions.

Any government contractor or grant recipient that continues to engage in the prohibited “discrimination” or maintains certain affirmative action programs or DEI policies will risk false claims liability by submitting invoices to the government for payment. Facilities that are Medicare certified are considered a government contractor. Providers are encouraged to engage their counsel on how to comply with this new executive order.

Emergency Preparedness Proposed Rule Withdrawn

This was not an executive order, but this week, the Office of Management & Budget (OMB) withdrew a proposed rule that would have updated emergency preparedness (EP) standards across a variety of health care settings. AHCA/NCAL had been expecting this proposed rule for some time as it had been at OMB since October 2023, but this week’s development indicates no new, proposed requirements on EP will be put forth at this time.

Questions? Please contact us at regulatory@ahca.org.

‘Armed and ready’: Delayed guidance updates strategies for nursing home surveyors

The Centers for Medicare & Medicaid Services has pushed back implementation of new surveyor guidance until March, giving regulators more time to fine-tune how they determine compliance with staffing, antipsychotic medication use, discharge planning and other rules.

The guidance had been scheduled to go into effect in February, but a reissue and renumbering of the related Quality, Safety and Oversight memo last week pushed the start date to March 24. READ MORE

Request Assisted Living Participation in Survey

As part of our collaboration with the American Health Care Association/National Center for Assisted Living (AHCA/NCAL) and ongoing efforts to understand the electronic medical records (EMR) and electronic health records (EHR) utilization among assisted living providers, we are conducting a brief survey to gather valuable insights and feedback.

The feedback obtained from the survey will help guide AHCA/NCAL in ongoing EMR/EHR discussions with potential vendors in the LTC Data Cooperative. You can learn more about the LTC Data Cooperative here.

The survey will take approximately 3 minutes to complete and can be accessed through the link below:

Member Survey – What EMR/EHR do you use?

We kindly ask that you complete the survey by COB January 31^st. Your participation is greatly appreciated and will help us make informed decisions that align with our shared goals.

If you have any questions or need assistance, please don't hesitate to reach out to NCAL's Director of Quality Improvement, Pam Truscott, directly at ptruscott@ncal.org.

Education Spotlight

Aging Services Day

February 18, 2025 - 8:30AM - 4:00PM

Aging Services Day is a collaborative event put together by Kansas Health Care Association/Kansas Center for Assisted Living, LeadingAge Kansas and Kansas Adult Care Executives where Long Term Care Providers gather at the state capitol to champion the needs of our elderly in Kansas. We will meet in the morning for education at The Beacon then go to the Capitol for a full afternoon of legislative advocacy on issues that are crucial to the LTC Profession with our Kansas Legislators. It’s a powerful opportunity to allow your voice to be heard and influence positive change for LTC providers and the population we care for. Be part of the movement for better aging services. LEARN MORE

Upcoming Education