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Membership Reminder: 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.
If you have any questions or concerns regarding your membership status, please contact Kristin Plantz kplantz@khca.org.
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Involuntary assisted living discharge proposal back in spotlight
A proposal bashed by senior living advocates is back in the spotlight in Kansas after a state council proposed that assisted living operators give residents 30 days’ notice of involuntary removal and the right of appeal.
Linda MowBray, president and CEO of the Kansas Health Care Association / Kansas Center for Assisted Living, told McKnight’s Senior Living that KHCA/KCAL opposes the concept of an appeal process because Kansas regulations allow different communities to offer different levels of care or service.
“By forcing the community to retain or readmit a resident that they can no longer care for is not only against the regulations but the wrong thing to do for the resident, the staff and potentially for the other residents,” MowBray said. A 30-day notice for involuntary discharges, she added, already is a long time to provide extra care and support to someone whose service needs are outside a community’s defined practice.
“It would be irresponsible, with potentially grave consequences, for a community to attempt to care for someone whose needs are clearly outside of the scope of service they can provide,” she said.
MowBray also questioned who would pay for the extra care during the appeal period, and who would be liable if the resident had a negative outcome during the process. READ MORE
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KHCA/KCAL Legislative Day - Monday, February 20th
Meet, greet and converse with your Legislators about issues that are important to you and your community. Visit the House and the Senate and sit in on committee meetings that directly impact long term care providers. Register early so that KHCA/KCAL staff can provide you with assistance in making appointments with the right people to maximize your time at the Capitol. Don’t miss this opportunity to learn more and explore the happenings at the State House during the legislative session.
Learning Objectives for Legislative Day are:
- Understand the value of membership with a trade association.
- Understand KHCA/KCAL’s political clout.
- Become familiar with our outside lobby team.
- Become familiar with the Legislative process.
- Understand KHCA/KCAL 2023 Legislative agenda.
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Nursing Home Industry Preparing For End Of COVID-19 PHE
McKnight’s Long-Term Care News (2/1, Berklan) reports, "Less than a day after President Biden declared May 11 will be the end of the public health emergency (PHE), nursing home leaders were scrambling to understand the full implications while also making plans to fight the return of some less flexible conditions." The main "concern is coping with the return of the three-day stay provision," and "a campaign is already under way to make the current waiver for it permanent." Other concerns include "the redetermination process for thousands of Medicaid beneficiaries" and "the expiration of the Spell of Illness waiver." American Health Care Association President and CEO Mark Parkinson said, "The PHE may be ending, but there is more work to do to address the challenges spurred by the pandemic. ... Long-term care is now facing a historic labor and economic crisis, and we need meaningful, supportive solutions that will help us rebuild." The article adds, "Ending the PHE will impact Medicaid rate add-ons attached to it, AHCA noted in a blog post Tuesday."
Axios (2/1, Reed, 1.26M) reports that "waivers for nursing homes, home care and community-based services could go away if Congress doesn’t step in, per the" AHCA/NCAL.
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From the Office of the State Fire Marshal
Click here for a link to an instructional video for the Code Consultation Form.
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Take Action: Write CMS Today!
Tell CMS how an unfunded staffing mandate would impact access to care for seniors by February 28th! No login is necessary. Please encourage all staff members to participate!
Access AHCA's Recorded Webinar: Contact CMS: Minimum Staffing Requirements for Skilled Nursing Facilities by clicking here.
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Public Health Emergency Ending May 11
Monday, January 30th, the Biden Administration announced its plans to end the Public Health Emergency (PHE). This administration guidance meets the Administration’s promise of 60 days’ notice of the end of the PHE. Based on the guidance, the PHE will end on May 11, 2023.
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The end of the PHE also marks the end of Section 1135 National Blanket Waiver. The two substantive SNF waiver provisions left in Section 1135 are the Medicare fee-for-service 3-Day Stay and Spell of Illness waivers. These waivers technically fall under Section 1812(f) but are tied to the Section 1135 waiver. As of May 11, SNFs may no longer use the 3-Day Waiver or the Spell of Illness waiver. In terms of Medicare Advantage plans, PHE waiver provisions were rolled back in 2022.
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Temporary Nurse Aide statewide waivers could be extended by CMS to May 11 if the state requests and there is evidence of need. Currently, the state waivers for 18 states end between March 20 and April 7.
The end of the PHE also ends Medicaid Flexibilities provided to states, including expedited State Plan Amendment review, and will impact any Medicaid rate add-ons attached to the national PHE. Of note, the Medicaid Federal Medical Assistance Percentage (FMAP) increase of 6.2% is no longer attached to the PHE and is unaffected by the May 11 date. The Consolidated Appropriations Act of 2023 delinked the enhanced FMAP from the PHE and set a year-long phase down schedule for the FMAP noted in the table below.
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AHCA/NCAL is requesting CMS end requirements that were implemented during the PHE that are no longer necessary and to end this no later than the conclusion of the PHE. This includes widespread notifications on COVID cases per F885, enhanced enforcement for F880, and end or scale back NHSN COVID reporting.
AHCA/NCAL is also reaching out to the administration to understand the implications, if any, for COVID-19 vaccine and antiviral access and administration. Advocacy efforts will continue to ensure long term care remains a high priority and that burden for reporting is decreased.
AHCA/NCAL continues to work with state affiliates to secure state support for the long term care sector and will continue to keep members apprised of any other news pertaining to the PHE.
Reported by:
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MDS Workshop
This workshop has been specifically created for MDS Coordinators that have been in the MDS position for less than 5 years. It is also recommend for Administrators to attend to further understand the MDS process. This program also serves as a refresher for those who want to brush up to make sure they are up to date on the most current information. Seating is limited. Register early to assure you have a seat. Registration Includes: Two full days of in person training (Feb 7-8 in Olathe) AND two full days of Virtual Training (March 1 and March 8).
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Administrator in Training (AIT) Program
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MDS Workshop
Feb 7-8 in Olathe AND two full days of Virtual Training March 1 and March 8.
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Webinar: 5-Star Work Plan A to Z: Quality Measure Domain: Part 2
2/8/2023 1:30PM-2:30PM
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Assisted Living Lunch and Learn: Survey Preparedness and Plans of Correction
2/10/2023 10:00AM-2:00PM
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Webinar: Deep Dive Into Federal Regulations in a Year: §483.12 Freedom from Abuse, Neglect, and Exploitation
2/14/2023 1:30PM-3:00PM
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Virtual Adult Care Home Operators Course
2/15/2023 9am 2/28/2023 3pm
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Webinar: 5-Star Work Plan A to Z: Quality Measure Domain: Part 3
2/15/2023 1:30PM-2:30PM
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KHCA/KCAL Legislative Day
2/20/2023 11:00AM-2:00PM
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Webinar: 5-Star Work Plan A to Z: Developing a Work Plan for 5-Star Improvement
2/22/2023 1:30PM-2:30PM
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Webinar: Mission Possible: SNF Department Head Briefing - Approaches for Activities
2/28/2023 1:30PM-2:30PM
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Looking for options for required Staff In-Service?
KHCA’s online learning platform is BACK! We’ve loaded the in-services for SNF and for AL first. The SNF in-service on Abuse, Neglect and Exploitation has been updated to reflect Phase 3 information.
Questions about education can be directed to Polly Berkley VP of Operations and Education.
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Attention Assisted Living and Home Plus Providers: FCS Refresher
We have frequent requests for FCS refreshers and people who want to attend the FCS section only of the Operators course. We now have it available on demand in a 75 minute webinar. It’s worth 1.5 CE’s on demand.
$20 Member Discount Code: KHCA018
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Mark Your Calendar for these 2023 Dates! |
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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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