A newsletter from the  Empire State Association of Assisted Living 
   The Vision Newsletter
                              2nd Quarter, 2017
Table of Contents: 
  • End of Session Legislative Report
  • Lessons from the EALR: How to Keep Your Employed HHAs Certified
  • NYS Office of State Comptroller audits DOH re: processing of CHRC submissions
  • Additional information on obtaining approval (CLIA) from DOH to perform laboratory tests such as glucose monitoring
  • ACF providers eligible for EQUAL funds encouraged to apply
  • DOH announces new timeline for ALP transition to Managed Long Term Care
  • Chronic Disease Self-Management Program
  • ALP providers: NY Supreme Court issues decision on Executive Order 38
  • The Conversation Project
  • ALP Conference, Sept. 13 & 14
  • ESAAL Conference Highlights
  • Interim Management Solutions for ACFs
  • Board of Directors 
Legislative Report 
Dear ESAAL Members:

In the early morning hours of June 22nd, the NYS Legislature concluded the 2017 legislative session.  This newsletter article provides a brief overview of the Bills that have passed both houses and that most directly impact adult care facilities/assisted living residences/assisted living programs (ACFs/ALRs/ALPs).  

However, we also provide you with a more comprehensive memorandum from Hinman Straub (HERE) that includes other bills passed impacting the health care industry that may interest you. 

For example, the Hinman Straub memo includes a bill that passed both houses creating new education requirements for people that newly become registered nurses (RNs). If signed by the Governor, it would impact new RNs 18 months after it becomes law.  Therefore, we encourage you to review the entire memorandum.  A more detailed analysis of the passed Bills as well as an analysis of the more significant legislation which was under active consideration during the 2017 legislative Session, but which did not pass both Houses will be provided soon.
Below is a summary of legislation most directly affecting ACFs/ALRs/ALPs that passed both houses and will be sent to the Governor who will determine to sign and make it law, or veto. 
Lisa Newcomb's Signature
Lisa Newcomb, Executive Director
Empire State Association of Assisted Living
Counsel's Corner
Lessons from the EALR: How to Keep Your Employed HHAs Certified
By Kerri Tily, Hinman Straub
One major benefit of operating an Enhanced Assisted Living Residence (EALR) is the ability to offer residents a variety of services that will enable them to age in place-including the services of a home health aide ("HHA"). 

Kerri Tily,  Associate Attorney
Hinman Straub
News from DOH
NYS Office of State Comptroller audits DOH re: processing of CHRC submissions
The NYS Office of State Comptroller's (OSC), Division of State Government Accountability, audits state agencies on how they carry out their various responsibilities, and issues a report to the state agency on its findings. Then, the state agency is given the opportunity to respond to OSC as to how they will address any deficiencies noted. More HERE

Additional information on obtaining approval (CLIA) from DOH to perform laboratory tests such as glucose monitoring
In October 2015, the Department of Health notified Adult Care Facility (ACF), Assisted Living Residence (ALR) and Assisted Living Program (ALP) providers that if their staff performed testing of bodily fluids, an additional registration is required, and certain standards must be met.
You may access information provided by DOH and by ESAAL by referring to a previous Member Alert   HERE
One question that until now had remained unanswered was, if an ACF/ALR/ALP staff person's assistance is limited to reading the results from a glucose test (the resident performs the test themselves), must the ACF/ALR/ALP provider obtain the CLIA registration?  

ACF providers eligible for EQUAL funds encouraged to apply
Each year ESAAL works to secure funding in the NYS budget for the Enhancing the Quality of Adult Living (EQUAL) Program, and for state fiscal year 2017-2018, we were successful in obtaining $6,532,000.

Department officials keep ESAAL informed as to how many applications have been submitted on the Health Commerce System (HCS) to date, and there are still a significant number of eligible ACFs that have yet to apply.  The deadline to submit is 5 p.m. on Friday, July 7, 2017.


DOH announces new timeline for ALP transition to Managed Long Term Care

Chronic Disease Self-Management Program (CDSMP):

The New York State Department of Health's Arthritis Program invites you to learn more about the CDSMP program and how it may benefit you and your residents. 
This program is relatively easy to implement, low-cost, and free trainings are now available for ACFs who are interested in having staff or volunteers trained to deliver this workshop at your facility More HERE
New York State News
Attention ALP providers: NY Supreme Court issues decision on Executive Order 38
On June 22nd, the State of New York Supreme Court, Appellate Division, Third Judicial Department, Third Judicial Department issued the Opinion and Order on the EO38 cross appeals. The majority upheld the split decision of Judge Hartman, annulling the soft cap portion of the EO38 regulations and upholding the hard cap. In a dissent, one Judge agreed with the majority on the annulment of the soft cap, but argued that the hard cap is also
unconstitutional and therefore the entire EO38 regulation should be annulled.
HERE  to access the court decision .
ESAAL is a co-plaintiff in the legal challenge. Obviously, it a positive decision for our membership; however, there is now a split in decisions between two lower courts and it is likely that there bill an appeal and the challenge will go to the Court of Appeals, New York's highest court, absent a resolution with the State.
Trending Topics
The Conversation Project

NYS Health Commissioner Howard Zucker discusses advance care planning in his March Letter HERE. Since January 2016 Medicare allows physicians to have advance care planning and end of life discussions with their patients. But more importantly, end of life discussions for yourself or for someone you love can ensure that every persons wishes can be expressed and respected.

The Conversation Project is an initiative dedicated to helping people talk about their wishes for end-of-life care. The Conversation Project began in 2010, when Ellen Goodman and a group of colleagues and concerned media, clergy, and medical professionals gathered to share stories of "good deaths" and "bad deaths" within their own circle of loved ones.   More HERE
Education and Events

ESAAL's 3rd annual Assisted Living Program (ALP) Conference, Sept. 13 & 14

The agenda will include an optional ALP 101 session, Hot Topics for Roundtable discussions, the government's process of resident financial benefits, LHCSA aide and plan of care supervision requirements and much more.    More Details Here

38th Annual ESAAL Conference 

Shoot for the Stars was the theme of the 38th annual conference held in early May at the Turning Stone Resort. A record crowd of 325 people gathered for this premier professional development conference and learned from an outstanding roster of speakers on topics from Human Motivation, Quality Assurance, Case Management, Occupancy Success, Controlled Substance Issues and so much more. More HERE  
Industry Partner - Guest Column
Munroe Management Services
By Suzanne Welsh Munroe, Munroe Management Services
and ESAAL Industry Provider Member

Interim Management Solutions for ACFs

Munroe Management Services offers short term assignment as Director of Assisted Living to manage in a period of transition or change within an organization. Having a vacant leadership position affects the overall quality outcomes of an organization. I can guide this transition by filling this key position while searching for a new Director and provide support to maintain day to day operations and ensure operational compliance. More HERE

Are you an ESAAL Industry Partner with valuable content to share with Adult Care Facilities? Contact Karen Thornton to become a guest columnist for our newsletter.
Employment Opportunities
As a member service, ESAAL will post your job openings on our website. If you have an opportunity and would like to share it, contact Karen Thornton, Director of Member Services  HERE
Board of Directors
Daniel Stern, Chair,  Harbor Terrace
Claire Bukzin-Hakim, Executive Vice President, Amber Court Assisted Living Communities
Mark Ferreri, Vice President, Briarwood Manor
Kara Vollmer, Secretary, Pineview Commons LLC
Jim Kane, Jr., Treasurer Adirondack Manor Central Office

Mark Bienstock, Elm-York Home For Adults Assisted Living
Maryann Crenny, Braemar Living at Medford
Chris Cullen, Atria Shaker
Joan Hyde, Ivy Lodge Assisted Living
Wayne Kaplan, Premier Senior Living Group, LLC
Craig Kellner, EFPR Group, LLP
Michael Letter, Gurwin Jewish
Maryellen McKeon, Ultimate Care Assisted Living Management
Eric Mendel, Central Assisted Living, LLC
Carole Proce, Brandywine Senior Living at Huntington Terrace
Jacob Reckess, PAZ Health Care Management, Inc.
Avi Satt, Sage Healthcare Partners
Christopher Vitale, The Terrace at Newark  
Empire State Association of Assisted Living