August 26, 2010
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Vol 17, Issue 36
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Welcome to this week's
edition of the FAHSA Link!
Florida Makes the
News After Primary Election - All eyes
are on Florida again! This week, just about
every political pundit is talking about the
outcome of Florida's primary election,
speculating on what it foretells for the rest of
the country. Political newcomer and
multimillionaire Rick Scott handily defeated
Attorney General Bill McCollum as the republican
nominee for governor. He now faces democratic
nominee Alex Sink for what is certain to be an
exciting race. The US Senate race is also a
toss-up now that the democratic nominee is
Kendrick Meek. Three charismatic politicians
(Charlie Crist, Marco Rubio, and Kendrick Meek)
with very different political and personal views
are vying for the seat. Some of the races for
the Florida Senate and House of Representatives
will be equally exciting because of the
political outsiders who are seeking election and
the public's displeasure with the status quo.
2010 General Election -- Get Involved --
Host a Candidate's Event - Now that the
primary is over, the number of candidates for
the state legislature has been whittled down to
a few. If ever there was a time to hold a
candidate's forum, it is now! Your residents,
clients, staff and volunteer supporters would
probably welcome the opportunity to learn more
about the candidates so they can make an
informed decision when they cast their vote on
November 2. To make it easy, the FAHSA public
policy staff published a candidate forum guide (Click
here) that contains sample letters, agendas,
and questions for you to use at voter education
events. In addition, the FAHSA public policy
staff is available to consult with members by
phone to help plan candidate forums. Please
consider scheduling a candidate's forum or meet
the candidates event in September or early
October. If you have already hosted such an
event, please contact Mary Ellen Early, meearly@earthlink.net
with the details of which candidates
participated.
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Innovation Exchange |
FAHSA's Innovation
Exchange Corner Features "Project Boomerang"
- FAHSA's Innovation Exchange Program provides
members with an opportunity to share ideas and best
practices with others and to recognize their staff
for extraordinary performance. This month, FAHSA is
showcasing "Project Boomerang" submitted by Cypress
Cove at Health Park.
Cypress Cove, a continuing care retirement
community, has a number of staff whose primary
language is not English. Communication with
residents was sometimes a problem, and even more
importantly, some of these employees were not
comprehending safety directives. To address these
issues, "Project Boomerang" was founded. The name
was chosen in recognition of the talent, energy, and
love thrown into the project and the anticipated
results that would all come back to the community!
It was decided to solicit volunteers from among
Cypress Cove's residents to become English tutors
for employees who were interested in improving or
developing their English skills. The Living,
Environment, and Faith (LEAF) Foundation came on
site and introduced iVEE (internet Vocational Easy
English). Cypress Cove resident tutors meet with
the employees/students and administer tests to
measure comprehension. Tutors are encouraged to
expand the offerings and may also revisit various
lessons to assist. Nine employees are currently
enrolled in the program. The project has produced
intense feelings of accomplishment, self-confidence,
joy, and the bonding of friendships. The work that
has gone into the program has indeed come back to
them in unexpected ways.
To read more about "Project Boomerang," please go to
the
FAHSA Innovation Exchange Web page. |
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ALF NEWS |
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The Center for Excellence in Assisted Living
Announces Webinars -The Center for
Excellence in Assisted Living (CEAL) is sponsoring
four webinars over the next few months. The
webinars are based on the winning submissions for
CEAL's Excellence in Assisted Living awards made
last year. AAHSA is a founding member of CEAL. Steve
Maag, AAHSA Director, Assisted Living & Continuing
Care, serves as the current board chair.
CEAL has priced these webinars so they are very
affordable.
Click here for more
information or to sign up. |
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Education News
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Do You Have
Questions about AED's? -- Join us on
September 14, at 2:00 p.m, as we present a
webinar on the new laws related to
Defibrillators. Presenters, Brian Bursa,
Partner, Lewis Brisbois Bisgaard & Smith, LLP;
Kirsten Ullman, Managing Partner & Founder,
Lewis Brisbois Bisgaard & Smith, LLP; Andrew
McCumber, Partner, McCumber, Daniels, Buntz,
Hartig, & Puig, P.A. Susan Bugg, Risk Manager,
Ponde de Leon LTC RRG, Inc., and Dwain
Chamberlain, Vice President of Underwriting,
Ponce de Leon LTC RRG, Inc., will provide the
latest information and answer your questions
regarding legal and liability issues related to
installing and operating defibrillators in your
community.
Register today!
Register Now for FAHSA's 27th Annual Affordable
Housing Conference --
Register Now for FAHSA's 27th Annual
Affordable Housing Conference. Many sessions
and group activities are being planned. We look
forward to seeing you at the Hyatt Regency in
downtown Jacksonville on Monday, September 20
through Wednesday, September 22. Make your
hotel reservations now by calling the Hyatt at
(904) 588-1234. Ask for the special discounted
rate for FAHSA.
Renew Your
License through CE Broker -- If you are
renewing your nursing home administrator's
license through CE Broker, please call the FAHSA
office to receive the special code for a $10.00
discount.
Register for
FAHSA's Summer Regional Meeting--
National Health Care Reform: Beauty is in the
Eye of the Beholder -- This is your
opportunity to learn about implications for
employers, providers, residents and consumers --
National health reform is here. The health
reform bills (HR3590 and HR4872) are now law and
will trigger sweeping changes and
disruptions-some rather quickly and some over
many years. Barbara Gay, AAHSA's Director of
Advocacy Information will provide an overview of
the new laws and how the roll-out will affect
you and those you serve. Watch your email and
FAHSA's website for registration information.
Join Us
for Upcoming Training Opportunities:
- August 31, 2010-
September 3, 2010 -- FAHSA's Regional Meetings,
Health Care Reform, featuring Barbara Gay, AAHSA
- September 20-22,
2010 - FAHSA's Affordable Housing Conference,
Hyatt Regency, downtown Jacksonville
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General News |
Governor's Panel on Excellence in Long-Term Care
Awards Gold Seal Designations to Two More FAHSA
Members - Congratulations to the
nursing homes listed below for being
approved for the Gold Seal Award by the
Governor's Panel on Excellence in Long-Term
Care! The Governor's Panel on Excellence in
Long Term Care recognizes nursing homes for
meeting high standards and quality of care. Out
of the current 18 Gold Seal designations, we are
very proud that 13 are FAHSA members. This
period, three new awards were presented
to Brooksville Healthcare Center (FAHSA member),
The Manor at Carpenters (FAHSA member) and
Palace at Kendall Nursing and Rehabilitation
Center.
Currently the complete
list of 18 Gold Seal Nursing Homes are:
*Bay Village of Sarasota, Sarasota
* Brooksville Healthcare Center, Brooksville
Coquina Center, Ormond Beach
*Florida Presbyterian Homes, Inc., Lakeland
* Harbour's Edge, Delray Beach
Indian River Center, West Melbourne
John Knox Village Medical Center, Orange City
*John Knox Village Medical Center, Tampa
*Joseph L. Morse Geriatric Center, Haverhill
*The Manor at Carpenters, Lakeland
*The Mayflower Healthcare Center, Winter Park
*Memorial Manor, Pembroke Pines
Palace at Kendall Nursing and Rehabilitation
Center, Miami
*The Pavilion for Health Care, Penney Farms
*River Garden Hebrew Home for the Aged,
Jacksonville
*Sunnyside Nursing Home, Sarasota
*Vicar's Landing Nursing Home, Ponte Vedra Beach
*Village on the Green, Longwood
* Denotes FAHSA member
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HCBS News
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Home Health Care CAHPS Update - Click
here to learn about the Home Health Care CAHPS
Survey or HHCAHPS. On the home page, in highlighted
red and yellow there is sentence that says "Steps
for Home Health Agencies Preparing to Participate in
the Home Health Care CAHPS Survey: What to Do".
CMS would
like to stress that if you are
an HHA with more than 60 or more
HHCAHPS eligible patients
annually, then you will need to
do a dry run in the third
quarter 2010 - which is now
(July, August, and September),
and you need to contract with a
CMS-approved
HHCAHPS survey vendor. CMS
would like to stress also that
the HHCAHPS dry run is an
opportunity for HHAs to start
collection of HHCAHPS data
during the period when it will
not be publicly reported on Home
Health Compare. HHAs may do the
dry run for one, two or three
months in the third quarter
2010. The dry run data must be
submitted by January 21, 2011.
If you are
an HHA with less than 60 HHCAHPS
eligible patients between the
period of April 1, 2009 and
March 31, 2010, then file a
Participation Exemption Request
Form that is on the
website as soon as possible.
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Housing & Service Coordinator News
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Affordable Housing Conference Scheduled --
Make plans to attend
FAHSA's 27th
Annual Affordable Housing Conference on Monday,
September 20 through Wednesday, September 22.
Register today by clicking on the register now
website link below:
REGISTER NOW
Housing Notice
10-17 Revises REAC Procedures for Scores Under
60 -- As part of Secretary Donovan's
FAST Initiative to delegate decision making
authority and accountability to the field, the
Department conducted a review of the procedures
for requesting follow-up inspections of
properties that receive scores below 60. The
results of the review indicated that delegating
the authority to request certain special purpose
inspections to the Hub Director would likely:
(1) reduce the number of days it takes to
schedule and complete a follow-up inspection;
(2) improve transparency by allowing all parties
to see when an inspection was requested and
where it stands in the queue; and, (3) make it
easier to collect the baseline data needed to
measure the time gap between the date when the
inspection should take place (the ideal future
date) and the date the inspection actually
occurs.
This Notice expands on the revisions for
servicing properties with physical condition
scores below 60 that were announced in Notice H
2010-04. This Notice delegates the authority to
order certain special purpose physical
inspections from the Real Estate Assessment
Center (REAC) to the Hub Director or his or her
designee. Please read the entire Housing Notice
by
clicking here and then clicking on the REAC
Housing Notice, 10-17.
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Legislative News
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Senate Committee
on Judiciary Begins Interim Project on
Pre-Dispute Arbitration Agreements -
This week Mary Ellen Early, Sr. Vice President
of Public Policy, and Carol Berkowitz, Sr.
Director of Regulations and Compliance, met with
the Senate Committee on Judiciary regarding
their interim project titled, "Review the Use
and Enforceability of Arbitration Agreements in
the Medical Services and Nursing Homes Care
Contexts."
The committee's objective is to review case law,
statute and legal scholarship in Florida and
other states regarding the use and
enforceability of arbitration agreements in the
medical services and nursing homes. The
committee staff reported that they plan to
identify existing and potential safeguards for
patients and consumers. In addition, the project
will address preemptions issues related to
federal law and compare it to other states.
Senate Judiciary staff indicated that there are
more than 30 nursing home cases being appealed
to higher courts because parties are arguing
that the contracts are void against public
policy, too broad or unconscionable. Two cases
are pending before the Florida Supreme Court and
the opinions are expected to be released soon.
According to Senate staff, several states have
laws that restrict or dictate the parameters for
the use of arbitration agreements in health care
settings including: New Mexico, Colorado,
Montana, Utah, Mississippi and California. We
reminded the Senate staff that most states are
not as litigious as Florida and that no state
has faced the challenges that Florida
encountered a decade ago when many insurers
either refused to write liability insurance
policies for nursing homes or charged premiums
equal to policy coverage.
The Senate Judiciary staff is interested in
obtaining copies of sample agreements used by
FAHSA members. Thus far, two FAHSA members have
volunteered to do so. They are also interested
in whether these agreements are presented
separately from the nursing home contract and
whether the prospective resident or
representatives are given sufficient information
to ensure that they understand the agreement.
In addition to the Senate interim project, Sen.
Wise (R- Jacksonville) is working on a similar
project. Last year, Sen. Wise proposed SB 2034
that would have allowed a resident or patient
who entered into an arbitration agreement the
right to revoke the agreement at any time before
the start of arbitration. This would
have negated any benefits of binding
arbitration. Sen. Wise agreed to let his bill
die last session and to work with the health
care associations over the interim to develop a
model arbitration agreement. FAHSA is working
with Sen. Wise on this project, as well.
ACTION: If you have a sample
pre-dispute arbitration agreement that you are
willing to share with the Senate Judiciary and
Sen. Wise, please email it to Carol Berkowitz
at: cberkowitz@fahsa.org. It can be shared
either by identifying your community or by
remaining nameless. If you would like to share
comments on your experiences with the
arbitration agreements directly with the Senate
staff or discuss with FAHSA staff, please call
Carol Berkowitz at: (850)671-3700.
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Nursing Home News |
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AHCA Sends
Regulatory Update to Nursing Home Providers
- AHCA sent notification to all nursing home
providers this week for which they have email
addresses. The document is a notification of
legislative changes and changes due to the
promulgation of the CORE rule, Chapter 59A-35
Florida Administrative Code (F.A.C.). The Health
Care Licensing Procedures became effective July
14, 2010. As a result, new Florida
Administrative Code was enacted that affect
nursing home providers as well as other
providers licensed by the Agency for Health Care
Administration.
Click here to see the important provisions
made in the rule.
If you have any questions regarding licensing
changes, please contact the AHCA Long Term Care
Unit at (850) 412-4303.
Other Nursing Home News:
- CMS Updates Minimum Data Set (MDS) 3.0
Training Materials
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Preferred Business Associates News |
 FAHSA's
Preferred Business Associates Program (PBAs)--
A list of PBAs can be found by on the
FAHSA website 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.
FAHSA Preferred
Business Associates Page
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Career Center |
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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?
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!
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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.
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