Florida Association of Homes and Services for the Aging
July 15, 2010 Vol 17, Issue 31
 
 
 
 
 
Welcome to this week's edition of the FAHSA Link!

Medicaid Staff Unveils Changes to Reimbursement System -During a rule workshop held on July 13, Medicaid staff unveiled 14 different changes to the nursing home reimbursement system that may be implemented in the near future.  FAHSA's consultant, Dr. Erwin Bodo, attended the meeting to represent your interests.  Medicaid will be releasing the July 1, 2010 provider rates this week.  Dr. Bodo has the database and will be happy to discuss your specific rate, if you have questions.  We anticipate that with the over $6 billion shortfall projected for fiscal year 2010-2011, draconian cuts will be implemented during the 2011 Legislative Session, if not sooner during a special session.  It is not too early to prepare.  Read this week's Nursing Home Alert (NH10-24) for more information.
 
Talk of Another Special Session in Early September --
Today, Senate President Jeff Atwater released a letter to Speaker Larry Cretul regarding the upcoming Special Session.  Based on the letter, proposals could be delayed until the end of August or early September.  The timing, referred to in the letter, would likely indicate that a constitutional amendment to ban drilling in Florida waters would not make it on the ballot due to the August 4th deadline.  This is a developing issue that could change again. Read a copy of Senate President Atwater's letter by clicking here.

House Speaker Larry Cretul responded to Senator Atwater's letter and agrees to look for alternative dates for a special session no earlier than September.  Rep. Cretul responds, "Accordingly, legislators can expect their stay in Tallahassee to be very short next week but in the coming weeks you can expect to be recruited for numerous legislative efforts to identify and craft solutions to problems related to the oil spill."  Read House Speaker Larry Cretul's response letter by clicking here.

Count Down to Convention -- There's still time to register for FAHSA's 47th Annual Convention & Exposition.  On Monday through Wednesday, from 8:00 to 8:30 a.m., join us before the General Sessions for special presentations to recognize members and exceptional FAHSA programs.  Then, plan to attend more than 35 educational sessions featuring 60+ speakers presenting timely and interesting topics, enjoy the exhibit hall, bid on items in the Silent Auction and network with colleagues and friends.  Boca is the place to be beginning Sunday, July 25, 2010.  Hotel rooms are still available at the discounted rates, register today!
 
In This Issue
ALF News
Education News
General News
HCBS News
Housing & Service Coordinator News
Legislative News
Nursing Home News
Preferred Business Associates News
Career Center
FAHSA Quick Links
 
ALF News
 
 
"Altered Mental State" Or Baker Act?-- A FAHSA nursing home member recently took one of their residents to the emergency room (ER) because the resident was exhibiting an "Altered Mental State."  The nursing home was later cited by the Agency for Health Care Administration (AHCA) for failure to Baker Act the resident.  AHCA indicated that even though the patient's physician ordered the ER visit for Altered Mental Status, the physician should have Baker Acted the resident for dangerous behavior.  The Surveyor stated that when a patient is sent for Altered Mental Status, the ER physician will review the resident's medical condition and rule out a stroke or other medical reason and may immediately return the resident to the facility. In such cases, the ER physician has no legal duty to consider the behavioral issues and initiate the involuntary examination under the Baker Act.  Continue reading this story by clicking on this week's Nursing Home Alert (NH10-24).
 
Education News
 
Order Your Copy of the Background Screening Webinar -- If you missed the Background Screening Webinar yesterday featuring Molly McKinstry, Agency for Health Care Administration and Tim Giesecke, Florida Department of Law Enforcement, the webinar and audio was recorded.  Place an order to download a copy of the webinar and watch with your staff.  To receive two contact hours, take the 10-question test, and fax a copy of it along with the completed CE Broker form to FAHSA.  To order your copy, click here.

Order Your New Two-Hour Domestic Violence and Human Trafficking DVD Now
-- FAHSA has developed a NEW Domestic Violence and Human Trafficking DVD featuring Robin Thompson, M.A., J.D., an expert in domestic and sexual violence law and policy analysis, program evaluation, and facilitation.  Order your new DVD now, by downloading a copy of the order form. Either mail or fax the order form to FAHSA, 1812 Riggins Road, Tallahassee, FL 32308, fax: (850) 671-3790 with your check or credit card information.
 
Join Us for Upcoming Training Opportunities:
General News

AHCA Releases Background Screening Letters to Providers -- AHCA has issued New Vendor Announcement letters to all of their licensed providers regarding the 2010 changes related to background screening.  The changes will take effect on August 1, 2010.  For more information and to read the letter, click on the General Alert link below.
 
Florida Department of Health Announces New Website to Compare Nursing Education Programs -- The Department of Health (DOH) announced the creation of a new website to compare nursing education programs.  Through an interactive search, users can now view each degree program, including practical nursing education programs, as well as professional nursing education programs that result in a diploma, associate's degree or bachelor's degree.  The new website also enables the public to compare nursing programs by viewing the program's status (approved, accredited, or approved/probationary), the accrediting body, graduate passage rates, and retention rates for students tracked from program entry to graduation.  The website offers consumers the opportunity to participate in a customer satisfaction survey and provide feedback regarding the new website.  Click here for the new webpage.

Other General News
  • Background Screening Requirements

 

HCBS News
 
 
Miami Herald Reports Magnitude of Medicaid Fraud in South Florida Grows -- South Florida's Medicare schemers are now cheating hundreds of millions of dollars from taxpayers by billing the system for bogus mental health, physical therapy, and other rehabilitation services.  The Herald reports that the magnitude of the region's fraud is astonishing: Florida mental health clinics submitted $421 million in bills to Medicare last year -- about four times more than Texas and a whopping 635 times higher than Michigan, according to government records.
Florida rehabilitation facilities billed $310 million for physical and speech therapy -- 140 times more than New York and 10 times higher than California, records show.  Not all of that activity is criminal. But Florida's numbers are so much higher than other major states' that officials say the only logical explanation is fraud -- the bulk of it in Miami-Dade, Broward, and Palm Beach counties.

Law enforcement and health care officials say that mental health and rehabilitation providers are the latest agents of pervasive theft in South Florida, long considered the nation's epicenter of Medicare corruption. The services are not needed or provided, yet the federal program for the elderly and disabled still foots the bill.

The problem of Medicare corruption will take center stage on Friday, when Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius hold the nation's first health care fraud summit in Miami. The issue has gained a higher profile as the Obama administration pushes ahead with the expansion of government-subsidized health care for more than 30 million uninsured Americans.  Read more by clicking here.

Older American's Act Celebrates 45 Years -- The Older American's Act (OAA) was the first federal level initiative aimed at providing comprehensive services for older adults. It created the National Aging Network comprising the Administration on Aging on the federal level, State Units on Aging, and Area Agencies on Aging at the local level. It is an important landmark in our country's commitment to meeting the needs of older adults.

In a statement released by AAHSA's President and CEO Larry Minnix, "We urge Congress to increase funding for these programs by the 7.4 percent requested in the president's budget for next year. A funding increase would ensure that individuals continue to receive the care and services they need to age with dignity and independence.  As our nation's aging population continues to grow, an investment in the OAA is an investment in security and safety for the future. And that's a future where all older Americans receive the services they need, when they need them, in a place they call home."
 
Housing & Service Coordinator News
 

Changes to HUD Handbook 4350.1 Effective August 1, 2010 -- Changes to Chapter 6,
 
Conducting Management Reviews, has been posted to HUDClips.  The effective date for HUD and the Performance Based Contract Administration (PBCA) use of this chapter is August 1, 2010.  To download a copy of the changes,
click here.

Other Housing News:
  • Section 202 and 811 Awards Announced
  • Healthcare.gov Website Released
  • Affirmatively Furthering Fair Housing (AFFH) Requirements Webcast Training Opportunity
Legislative News

Federal Anti-Arbitration Legislation Emerges Again -- AAHSA reports renewed activity in Washington in the House Judiciary Committee on H.R. 1237, the Fairness in Nursing Homes Act, and H.R. 1020, the Arbitration Fairness Act. Both of the proposed federal legislation will prohibit pre-dispute arbitration clauses - in nursing home/assisted living entry documents under H.R. 1237 and in consumer contracts generally under H.R. 1020. The Judiciary Subcommittee on Commercial and Administration Law discharged the two bills June 21 and the full committee is expected to take them up sometime this month. Consumer groups are lobbying heavily in favor of the legislation.  We must strongly oppose.  AAHSA has posted grassroots materials on Contact Congress for the members. 

Please paste the following web site link into your browser to be directed to the Capwiz website to send a message in opposition to your Congressmen.

http://capwiz.com/aahsa/issues/alert/?alertid=15226316

 
Nursing Home News
 
Background Screening Requirements Take Effect August 1 -- AHCA has issued letters to their licensed providers regarding the 2010 changes related to background screening.  These changes take effect on August 1, 2010.  Read more about these changes in this week's General Alert, GEN10-12.

Other Nursing Home News:
  • Nursing Home Medicaid Reimbursement Update
  • Civil Money Penalties for Nursing Homes (CMS-2435-P)
  • Timely Filing Limit for Nursing Facility Medicare Part A Claims
  • Nursing Home Poster Update
  • "Altered Mental State" or Baker Act?
  • NFPA Safety Alert - Antifreeze in Sprinkler Systems
  • Board of Nursing Home Administrators Meeting
Preferred Business Associates News

CoupleWithDollarFAHSA's Preferred Business Associates Program (PBAs) -- A list of PBAs can be found by on the FAHSA website www.fahsa.org and selecting Preferred Business Associates from the left side menu bar or clicking on the FAHSA Preferred Business Associates Page hyperlink. FAHSA members can also use the on-line directory to search for PBAs by specialty.
 
Career Center
 
Welcome to the Florida Association of Homes and Services for the Aging Career Center!
 
Your destination for exciting Aging Services job opportunities and the best resource for qualified candidates in the Florida Aging Services Industry. Searching for a job in Aging Services?

We feature various Aging Services jobs.Ready to start your job search?
Click here to find your next Aging Services job!

Looking to fill a position? This job board is custom tailored for the Aging Services industry, which means we attract the most qualified professionals in Florida.Create an Employer Account, search resumes and post your Aging Services job now!
 
Copyright 2010 -- Publication of the Florida Association of Homes and Services for the Aging (FAHSA).
  • FAHSA Chair: Terri Cunliffe
  • FAHSA President/CEO: Janegale Boyd
  • Managing Editor: Gail Matillo, MPA, COS
Copyright Information: Copies of the articles and other information in this publication may be noncommercially reproduced for the purpose of educational or scientific advancement. Otherwise, no part of this publication may be reproduced or utilized in any form or by any means, mechanical or electronic, including photocopying, microfilm and recording, or by any information storage and retrieval system, without the written permission of the editor.

Correspondence: Should be addressed to: Editor, 1812 Riggins Road, Tallahassee, FL 32308. For telephone inquiries, call (850) 671-3700. Or E-mail FAHSA at info@fahsa.org. © 2010 FAHSA. All rights reserved.

Disclaimer: The information contained in this correspondence is not intended as a substitute for legal advice. Please discuss any information gathered from this or any other FAHSA publications with your legal counsel in the context of your particular situation before implementing any new policies or procedures.