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As a 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.
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A Message from the President & CEO Linda MowBray: Our Kansas Commitment
Week five of the 2024 Legislative session is in the books. This week was a big one for bills-related deadlines in the Legislature.
Monday was the last day for non-exempt committees to request bill drafts from the revisor’s office. It also was the last day for non-exempt committees’ agendas to include requests for bill introductions.
Wednesday was the last day for individuals to introduce bills in the originating chamber.
Friday was the last day for non-exempt committees to introduce bills in the originating chamber.
The committees exempt from these deadlines are House and Senate Federal and State Affairs, Senate Ways and Means, Senate Assessment and Taxation, and House committees on Appropriations, Taxation, and Calendar and Printing.
A bill was also introduced Thursday February 1, 2024, in the House Health and Human Services committee and was read in February 8, 2024. This bill significantly changes the definition of a Continuing Care Retirement Community or CCRC. This would also change parameters for the fees charged for the provider tax. A hearing date has not been set but we believe it could be as soon as next week. Click here for a copy of the bill.
Hearings were held this week for the “No Patient Left Alone” bill in both the House and the Senate. The Senate bill SB352 did not include long-term care but those testifying for the bill often referenced adult care homes. This bill has fines and includes visitation for anyone for any reason in a hospital. A link to the testimony can be found here. This was a very contentious hearing.
The House version of No Patient Left Alone, HB 2548 also had a hearing this week. This version does include adult care homes but only when the resident is in a terminal condition. This bill does not seem to cause undo concern for us, however, if the two bills meet in a conference committee, we may need to change our stance. Click here for a recording of this hearing.
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.
The House Social Services Budget Committee will have a hearing on February 14 for the KDADS budget. Public testimony to be heard on the 15th.
Ours asks:
- Support the Governor’s recommendation to an increase of approximately $45 million all funds to the nursing home budget. This moves the estimated average Medicaid base rate from $256.78 to $274.35.
- We are also requesting the continuation of the Medicaid Add-on at a per diem of $19.58 per day. This would add an estimated $60,900,810 (3,110,358 Medicaid days x $19.58) to a nursing home budget. This would move the average rate to $293.93.
- Increase the HCBS waiver budget to increase the per unit rate by 10%. This would take the Assisted Living/Home Plus HCBS rates from $5.55 to $6.11.
Fire Marshal hearing:
We told you last week that we were informed that body cameras were being used while conducting life safety surveys in our adult care homes. A bill was introduced Thursday February 1, 2024, in the House Health and Human Services committee that would prohibit that practice. Click here for a copy of the bill.
In the meantime, I reached out to Katharine Achor, Life Safety Code Specialist at Centers for Medicare & Medicaid Services Region 7 and sent her the notice sent to us and providers from Brenda McNorton, Chief of Inspections, Office of the State Fire Marshal. Click here for a copy of that communication and here for a copy of their brochure that I sent to CMS.
I received an almost immediate response from CMS. Please see blow.
From the desk of Katherine Achor, CMS Region 7:
We have been working with the SAs and FM this week. As of today, (Wednesday February 7, 2024) the FM is suspending the use of the body cams in HC.
Should you have questions or comments, please feel free to reach out to me. As always, I am grateful for the opportunity to serve you.
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DOJ Summit Aims To Strengthen Oversight Of Nursing Homes
McKnight’s Long-Term Care News (2/8, Henreckson) reports, "A two-day summit of law enforcement leaders from federal, state and local levels is intent on strengthening investigations into elder abuse and fraud, including oversight of nursing homes." This "event — convened Wednesday by the US Department of Justice — is the latest in a series of signs that federal officials are taking aggressive steps to police long-term care facilities it suspects of providing inadequate care." The article adds, "Providers have largely applauded efforts to better police potential elder abuse and fraud situations, including the American Health Care Association, which wrote in support of such efforts Wednesday." AHCA’s statement read, "Abuse and neglect of our nation’s seniors is unacceptable. ... Long term care providers across the country are committed to reporting and eradicating these rare incidents. We look forward to continuing to work with the Department of Justice and other stakeholders to protect seniors and prioritize their safety and wellbeing."
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Nursing Home Operators Welcome Stricter Government Oversight Of Medicare Advantage Plans
Skilled Nursing News (2/7, Stulick) reports "nursing home operators are seeing stricter government oversight of Medicare Advantage (MA) plans, a welcome relief given that partnerships with such managed care plans have become a huge source of administrative burden for providers in the sector, especially as workforce shortages persist." Most recently, in January the CMS "published its Interoperability and Prior Authorization final rule alongside a proposed payment update for MA and Part D plans. The changes outlined in the federal agency’s final rule aim to streamline prior authorizations and promote easier electronic health record exchanges between providers and insurance plans, while also holding payers more accountable for denials." The American Health Care Association/National Center for Assisted Living "approved of the final rule, calling it a ‘clear step in the right direction’ coupled with the CY2024 Medicare Advantage final rule’s prior authorization and utilization management provisions." AHCA/NCAL said in an email that it "supports the rule’s intent to enhance the efficiency and transparency of data exchange between patients, providers and payers. ... AHCA/NCAL remains committed to guiding our members and provider-owned plans impacted by the final rule toward operationalizing best practices." The rule also "includes beneficiary protections and enhancement of beneficiary access to care, AHCA/NCAL said in a statement, calling the move a positive for both providers and residents."
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OSHA Recordkeeping and Reporting: A Guide to Determination
The guide will cover the determination behind the OSHA Recordkeeping and Reporting requirements, helping LTC facilities navigate these requirements more effectively. It will specifically address the determination of work-relatedness for injuries and illnesses, such as COVID-19, in the process of identifying recorded or reported events. READ MORE
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KCAL District 5 Round Table
Thursday, February 15, 2024 from 2:00PM - 4:00PM in Wichita, KS
Assisted Living Round Table with KCAL Board Members Jennifer Scheck and Kasey Breidenthal and KHCA/KCAL VP of Operations & Education Polly Berkley. This includes ALL Assisted Livings, Home Plus and Residential Health Care Communities in District 5. (See image for counties included in this district.)
Location:
The Colony Coworking Space
659 N. Market St.
Wichita, KS 67214
You do not have to be a KCAL Member to attend and there is no cost.
RSVP:
If you plan to attend this meeting, please RSVP to the KHCA/KCAL office by emailing Teresa Keating (tkeating@khca.org). Please indicate your name, community, and a phone number.
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PHCA Head Urges Congress To Leave Assisted Living Regulation To States, Calls For Federal Efforts To Boost Workforce Pipeline
McKnight’s Senior Living (2/6, Bonvissuto) reports, "An assisted living advocate is telling Congress that rather than add ‘new layers of bureaucracy’ through federal oversight of the industry, regulation of the setting should be left to the states while the federal government focuses on establishing a workforce pipeline for providers." Pennsylvania Health Care Association President and CEO and National Center for Assisted Living board member Zach Shamberg "responded to the recent US Senate Special Committee on Aging hearing on assisted living with a letter asking for collaboration to strengthen the entire long-term care continuum." The article adds, "No one-size-fits-all model can meet the needs of America’s aging adults, Shamberg told the senators in a letter. ‘This is why we have various levels of long-term care,’ he wrote, adding that the various types of providers should be treated differently." Shamberg continued, "Once again, due to the unique entities throughout the long-term care continuum and the differences in regulations from state to state, federal government involvement – albeit well-intentioned – will only create issues for residents and providers, just as it has for nursing homes." But, Shamberg added, "We believe you have an important role to play in establishing a workforce pipeline that can match the rapidly increasing demand for senior care – that includes comprehensive immigration reform, regulating staffing agencies and a number of other initiatives."
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iQIES Enhancement Now Available: Provider Certification Tracks
In ASPEN, users could see when provider certification activities were complete via a certification kit upload. Until recently, users were required to track these activities separately throughout the iQIES system.
We are excited to offer a new functionality that will help guide users track certification lifecycles. Users can now track certification elements in iQIES and see the progress as these elements are completed. The ability to track a provider’s certification is accessible from the Provider History page, within Provider Forms or Surveys. The system will associate a Track ID to the provider and display visual cues to show the status of all the required certification elements.
For questions about this information, please contact our QIES/iQIES Service Center by phone at 1-888-477-7876 (Select Option 1) or send an email.
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Resident Care Coordinator Training for Nurses in Assisted Living
Assisted Living homes are one of the fastest growing segments of Kansas Long Term Care. Homes that understand the importance of the Resident Care Coordinator know that the right nurse with the right systems can be the answer to providing excellence in resident centered care.
Join KCAL professional nurses for a full day of training specifically designed to give nurses in the state licensed only setting (Assisted Living/Home Plus/Residential Health Care) the tools they need to succeed. From “up-to- date” regulatory information to hints for designing systems, this course will provide “The Right Stuff” for a nurse to succeed as a Resident Care Coordinator.
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Webinar: Deconstructing Immediate Jeopardy Mitigation: Navigating Top Risk Areas: Reducing Risks Related to Falls and Other Accident Hazards
2/13/24 - 1:30PM-2:30PM
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OSHA Recordkeeping & New Reporting Requirements
2/13/24 - 2:00PM-3:00PM
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Webinar: The Impact of the MDS: MDS Influence on the Quality Measures
2/14/24 - 1:30PM-2:30PM
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Resident Care Coordinator Training for Nurses in Assisted Living
2/16/24 - 8:30AM-3:30PM in Ottawa, KS
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Webinar: Documentation in Depth: Supportive Documentation for Behavioral Health and Mental Illness
2/20/24 - 1:30PM-2:30PM
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Webinar: The Impact of the MDS: MDS Influence on Spades and SNF QRP
2/21/24 - 1:30PM-2:30PM
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Webinar: Nursing Facility Discharge Processes
2/22/24 - 1:00PM-2:30PM
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Webinar: Payroll Based Journal and Staffing
2/27/24 - 1:00PM-2:15PM
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Life Safety Code Boot Camp
2/28 - 2/29/24 - 8:00AM-3:30PM in Olathe, KS
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Webinar: The Impact of the MDS: MDS Five Star Factors
2/28/24 - 1:30PM-2:30PM
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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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