January 31, 2025

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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

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

It’s Friday, January 31, 2025. Normally, the Legislature is “Pro Forma*” on Fridays with committees not meeting. That is not the case this year. Eight different committees plus both the House and Senate are slated to meet today. As I explained in last week’s Friday note, the accelerated time frame that leadership set to accomplish state business is the cause for this “hurry up offence.”

What it means to you is that the association and lobbyist must work quickly and efficiently to protect your interests and secure stable funding for FY26 (July 1, 2025). Additionally, we may be calling on you to make reach outs to key legislators on our issues and to respond to our requests for information via polls or surveys. With that said, if you haven’t completed the joint KHCA/LeadingAge Kansas survey asking about how you are utilizing the current Medicaid add-on of $15.18 here is the link to do so. https://forms.office.com/r/v4K5gFkYvL

On Wednesday, January 29, 2025, KDADS presented the agency budget to the House Social Service Budget committee. They recommended not rebasing our nursing homes and only inflating the rates by 3.75%. They also discontinued any Medicaid add-on. This is in line with the Governor’s budget recommendation. This is not adequate or acceptable for this profession.

On Thursday, January 30, 2025, Social Service Budget committee heard testimony from stakeholders about the KDADS budget. Our testimony can be read here. To view the proceedings, click here. Our testimony starts at 4:52.34. KHCA District Vice President Rodney Whittington testified on behalf of KACE after coordinating with KHCA and LeadingAge Kansas. His testimony can be seen at the same link at time stamp 5:11:31. The committee had over 40 conferees and while the meeting lasted well over 2 hours, each speaker was only granted a couple of minutes to speak. Because of the limited time, we chose to deviate from the written testimony to really hit home our needs.

Next Steps

The Social Service Budget Committee will “work” the budget on Tuesday, February 3, 2025 and make recommendations. Those recommendations will be presented next Friday, February 7, 2025 during the House Appropriation Committee. Click here for a list of the Legislators on that Committee along with the care homes in their district. If you’re on that list, be prepared to hear from us asking for you to reach out to them.

Don’t forget to sign up for our joint KHCA/LeadingAge Kansas/KACE Aging Services Day which is Tuesday, February 18, 2025 and prepare to tell your story to your elected officials.

Thank you for trusting us to be your voice in this fight. As always, I am grateful for the opportunity to serve you.

Linda MowBray, President/CEO

lmowbray@khca.org

(785) 267-6003

*Pro Forma - according to form; as a matter of form; for the sake of form.

Brian Barbeau announced as the new Vice-President of Reimbursement

We are pleased to announce that the KHCA board of directors has appointed Brian Barbeau as the new Vice-President of Reimbursement beginning at his swearing in at the February Board Meeting. The membership approved the creation of this position last September at the annual business meeting. Interested parties were asked to submit a statement of relevant experience to the board. Three candidates applied and the board voted in an anonymous election to appoint Barbeau. He is currently a District VP for KHCA, a former AHCA/NCAL future leader and a member of the AHCA/NCAL reimbursement committee. He is currently VP of Operations with Axiom Healthcare Services providing operational support for over 500 employees and overseeing budgets representing $45M in annual revenue.

Congratulations to Brian Barbeau and a big thank you to the others who put in for the position.

Current Tuberculosis Outbreak in Kansas City, Kan. Metro Area

The Kansas Department of Health and Environment (KDHE), with support from the Centers for Disease Control and Prevention (CDC) and local health departments, have been responding to an outbreak of tuberculosis (TB) in the Kansas City, Kan. Metropolitan (KCK Metro) area since January 2024. As of Jan. 31, 2025, there are 67 confirmed cases of active tuberculosis (TB) disease, including 60 in Wyandotte County and seven (7) in Johnson County, associated with this outbreak. Of these individuals, 35 have completed treatment and are considered cured and 30 are currently under treatment. Most are no longer considered infectious to others or are isolating to avoid infecting others. There are two reported deaths associated with this outbreak. READ MORE

In first Senate grilling, RFK Jr. reveals anti-staffing mandate stance and his Medicaid weaknesses

Senators grilled President Trump’s nominee for the nation’s top health post Wednesday on his ideas for Medicaid and Medicare, value-based care and maintaining access to rural healthcare, even eliciting a description of the nursing home staffing mandate as a “disaster.”

At times, Heath and Human Services Secretary nominee Robert F. Kennedy Jr. spoke passionately about chronic conditions, reducing the cost of services and medications and making Americans healthier. At others, he revealed a lack of knowledge about topics including Medicaid — calling it a fully federal insurance program despite heavy state involvement and funding — and important differences between Medicaid and Medicare. READ MORE

McKnight's LTC News: Health officials alarmed by tuberculosis outbreak in Kansas

In Case You Missed It

Federal Judge Temporarily Blocks Pause of Federal Funding

Update: Right before the federal funding freeze was to go into effect, a federal judge temporarily halted the order. Our current understanding of the ruling is that this is a “brief administrative stay,” and the judge’s order only runs through Monday. Tuesday’s order only applies to "open awards," or funds that were already slated to be disbursed. Funding that has not been awarded will not proceed.

Below is the notice AHCA sent out earlier Tuesday updated to reflect this latest court ruling.

As you may have seen in the news in the last 24 hours, the Office of Management & Budget (OMB) under the Trump Administration issued a memo late Monday directing each federal agency to “complete a comprehensive analysis of all their Federal financial assistance programs to identify programs, projects, and activities that may be implicated by any of the Presidents’ executive orders.” As they conduct this analysis, OMB has also directed a temporary pause on all federal financial assistance programs that may be impacted by the President’s new executive orders.

This is a rapidly changing situation, but here is what we know so far:

Medicaid

Initially, it was clear that this pause did not impact Medicare or Social Security, but whether it impacted Medicaid was uncertain. OMB issued follow up guidance today explicitly stating that “mandatory programs like Medicaid and SNAP will continue without pause.”

Nonetheless, we have heard reports that states are unable to access their Medicaid portals. We are continuing to monitor the situation and hope for a swift resolution, so that providers receive proper, timely reimbursement. We will be working with our state affiliates to understand the impact and extent of any payment delays, so we can escalate this to policymakers.

Other Programs Impacted

OMB also issued a detailed spreadsheet listing the federal programs impacted by this pause. This is an extremely long and detailed list across multiple federal agencies. We are reviewing the list and will highlight any specific areas in which long term and post-acute care may be impacted.

How Long Will This Last?

The pause was slated to go into effect at 5:00pm EST Tuesday but was temporarily halted by a federal judge minutes before. The brief administrative stay by the federal judge lasts through Monday, February 3rd, when the Court will hold another hearing to determine next steps.

OMB has also directed federal agencies to submit reports about federal grant programs by February 10th for review. How long the Administration will take to conduct their review and take further action remains uncertain.

In addition to the U.S. District Court case that temporarily blocked the order late Tuesday, a group of attorneys general said Tuesday they will seek an injunction blocking the freeze.

We understand this may cause some providers, states, and other stakeholders confusion and uncertainty. We will do everything within our power to encourage clarity, consistency, and continuity, so that members have the resources they need. AHCA/NCAL will keep you apprised as we learn more.

Reported By:

McKnight's LTC News

Skilled Nursing News

In Case you Missed the First Quarter HCBS Collaboration Meeting with KDHE

If you were unable to attend the First Quarter Collaboration meeting last week, here are some resources:

New CMS Guidance On Use Of Third-Party Financial Guarantees To Take Effect In March

McKnight’s Long-Term Care News (1/28, Marselas) reports, "A soon-to-expand prohibition on nursing homes’ use of third-party financial guarantees could lead to more operators using lawsuits to collect as residents’ unpaid debt becomes a bigger financial concern." This "warning comes as regulators move to target admission and billing policies that mimic financial guarantees – even if they don’t technically require third-parties to ‘guarantee’ they’ll pay for a friend, family member or other associate’s stay." CMS "now wants surveyors to scrutinize compliance more intensely, possibly further impeding collections related to care already delivered." New guidance from the agency "on the issue is scheduled to go into effect March 24."

New HCS Assisted Living Report Available

The 2024-2025 Assisted Living Salary & Benefits Report is now available. The Report is published by Hospital & Healthcare Compensation Service (HCS) and supported by NCAL. 1,067 AL communities participated in the study and reported data for over 76,750 employees. A press release highlighting hourly rate increases for CNAs and RAs can be found here.

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

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