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November 5, 2009 |
Vol 16, Issue 48 |
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Welcome to this week's edition of the FAHSA
Link.
Senator Voices Concern on Future of
Medicaid Funding -- Senator Mike
Haridopolos (R-26), held a meeting with
representatives of Florida's long-term care
community on Thursday, November 5, 2009. FAHSA
staff Carol Berkowitz, Esq., Sr. Director of
Regulation and Compliance, and Erwin Bodo,
Ph.D., COO, were in attendance along with scores
of lobbyists, Agency for Health Care
Administration (AHCA) regulators, and
legislative policy staff. The Senator is highly
concerned with the future of Medicaid funding
for long-term care and asked all in attendance
to develop constructive ideas about solving the
issue. He would like to have suggestions
submitted to him by December. He encouraged
attendees to work collaboratively and stated
several times that his mind is not yet made up
on how to bring the budget back under control.
At the same time, the Senator noted that the
current year budget deficit is estimated to be
close to $2.5 billion, while next year's
shortfall may exceed $5 billion and a solution
must be found.
FAHSA will be very active on this issue and will
work with other organizations to propose
workable solutions that would not adversely
affect the quality of care and the quality of
life for FAHSA member organization clients and
residents. All Public Policy Committee members,
as well as members of the Nursing Home Medicaid
Reimbursement Committee, will be involved in
this project. For more information, please
contact Dr. Bodo at
ebodo@fahsa.org, or (850) 671-3700.
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CCRC / Retirement Community News |
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Update on Proposed CCRC Bill --
After months of deliberation and over a dozen draft
bills, the FLiCRA/FAHSA Chapter 651 Task Force has
finalized its work product. The draft bill, which
will be filed by Rep. Bill Proctor (R-St. Augustine)
and Sen. Mike Fasano (R-New Port Richey), addresses
transparency concerns of continuing care residents
by strengthening current financial disclosure
requirements. Under current law, providers must
give the chair or president of the residents'
council a copy of the annual statement within 30
days after the filing of the annual report with the
Office of Insurance Regulation. The draft bill also
requires providers to deliver to the president or
chair of the residents' council the following: a
copy of each quarterly statement within 30 days of
its filing with OIR if one is required; a summary of
entrance fees collected and refunds made during the
time period covered in the annual report and the
refund balances at the end of the report period (a
schedule that is included currently in the annual
report); and a copy of any newly approved continuing
care contracts within 30 days of approval by OIR if
requested. In addition, at the quarterly meetings
where monthly maintenance fee increases are
discussed, the provider must give to the chair or
president of the residents' council a summary
version of the reasons for any increase in the
monthly maintenance fee that exceeds the most
recently published Consumer Price Index for All
Urban Consumers, All Items, Class A Areas of the
Southern Region. Currently, this information must
be discussed but there is no requirement for a
written summary.
Several provisions in the bill will help providers
including:
- Clarification that a provider may assess a
nonrefundable fee separate from the entrance fee
to process a prospective resident's application.
- Clarification that a resident who signs a
contract, pays an entrance fee or any portion of
it, and begins paying a monthly maintenance fee
but who postpones moving into the community is
deemed to have occupied a unit for the purpose
of calculating refunds.
- Increases the maximum application-processing
fee from 4% to 5% of the entire entrance fee.
- Increases the time period for OIR
inspections from at least once every three years
to at least once every five years.
Several changes in the bill were made at the
suggestion of OIR. One of these changes would
increase the application fees for a Provisional
Certificate of Authority and a Certificate of
Authority from $ 50 and $75, respectively to $
5,000. This increase may sound harsh, but
please remember that regulatory agencies have
been given a mandate to increase their fees to
cover their costs. These are one-time fees for
multimillion dollar projects.
Within the next 10 days, a copy of the finalized
draft bill, along with a summary, will be posted
on the FAHSA Web site after it is given to the
sponsors. It is important to note that the
sponsors have the discretion to make additional
changes, but we doubt that this will happen.
CCRC Executive Director Salaries
Increase in 2009 (From HCS) -- The
national average salary of Executive Directors
in Continuing Care Retirement Communities (CCRCs)
increased 4.07% in 2009, according to the
2009-2010 AAHSA Continuing Care
Retirement Community Salary & Benefits Report,
published by Hospital & Healthcare
Compensation Service (HCS). The percent
increase represents only those CCRCs that
participated in both the 2008 and 2009 Reports.
By comparison, the average annual salary of
Executive Directors increased 5.65% in 2008.
The 2009-2010 CCRC Salary & Benefits Report,
which is published in cooperation with the
American Association of Homes and Services for
the Aging (AAHSA), may be purchased from HCS at
a special AAHSA member rate of $225. In
addition, the Report results are available in
Excel, enabling clients to upload data directly
into their pay systems. The Excel tables contain
the salary/hourly data from the published Report
and show the results by job for each grouping
(i.e., state, beds, and profit type). To order,
click
here and utilize the online order form, or
call HCS at (201) 405-0075.
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District and Membership News |
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Burkett Joins Taylor Residences -
Kimberly D. Burkett has joined Taylor Foundation
Services, Inc., as an accounting specialist.
Burkett has an Associates Degree from the University
of Phoenix and more than ten years of experience in
the accounting field. Welcome Kimberly! |
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Education News
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EIV: Access and Troubleshooting the HUD
Secure System Webinar - "Potholes, Speed Bumps &
Roadblocks ~ Navigating the Road to EIV Access"
- Topics for this webinar will include: the
multi-tiered process required of Coordinators to
gain full working access to EIV; common mistakes
that prevent smooth completion of HUD's
multi-step EIV access process; MOR requirements
related to approval for EIV access; and the
differences between the process for Coordinators
and the process for Users in gaining access to
EIV. Click
here to
register.
Now Available -- Handouts from LTC Forum
-- Last week, the American Association of Homes
and Services for the Aging (AAHSA), and the
Florida Association of Homes and Services for
the Aging (FAHSA), in conjunction with the Askew
Institute on Politics and Society at the
University of Florida, held a Long-Term Care
Financing Workshop to promote a dialogue among
members and policy leaders about the future of
long-term care and how we, in Florida, are going
to pay for it.
The workshop featured national and state policy
leaders, Josh Wiener, Ph.D., Senior Fellow and
Program Director Aging, Disability and Long-Term
Care, RTI International; Barbara Manard, Ph.D.,
Vice President, AAHSA; the Honorable Douglas
Beach, Ph.D., Secretary, Florida Department of
Elder Affairs; Larry Polivka, Ph.D., Pepper
Institute on Aging and Public Policy, Florida
State University; Beth Kidder, Bureau Chief,
Medicaid Services, Agency for Health Care
Administration; and Representative Darren Soto,
Florida House of Representatives, District 49.
Sanford (Sandy) D. Elsass, President, Ponce de
Leon Risk Retention Group, and Nancy Rehkamp,
MPA, Principal, LarsonAllen, discussed the
future of Florida's demographics and Alma
Ballard, Executive Director, Family Housing
Management Company, and John Paul Dalsimer,
Resident, John Knox Village of Florida, gave an
overview of issues affecting residents of
affordable housing and continuing care
retirement communities.
The Askew Institute has posted copies of
presenters' handout materials on their Web
site. A synopsis including member discussions
and recommendations will be available for
download on the Askew Institute's Web site
shortly. Many thanks to everyone who attended
the event and participated in the interactive
discussions.
Watch for MDS Training Dates --
MDS 3.0 item set puts providers at next level
for assessments -- Nursing home providers can
finally begin taking the next step in
preparation for the MDS 3.0: The Centers for
Medicare & Medicaid Services has released the
MDS 3.0 Item Set, which contains information on
the final version of the new assessment tool.
The MDS 3.0 is scheduled for implementation
October 1, 2010. While providers have had
access to draft versions of the new system for
the last few months, CMS only recently released
the final version. The MDS 3.0 Data Item Set,
Data Specifications and other informative
material for providers was unveiled Thursday
during a CMS Open Door Forum for nursing home
providers.
Though much of the information providers need to
prepare for MDS 3.0 is now available,
publication of the RAI manual has been
temporarily delayed. Chapters 1, 2, 3, 5 and 6
will be available in November, while chapter 4
will be available in December, according to CMS.
Source: McKnight's LTC and Assisted News.
To download the MDS 3.0 Item Set, visit the
CMS Web site.
Upcoming Educational Events:
- November 10, 2009 - EIV: Access and
Troubleshooting the HUD Secure System
Webinar
- November 17, 2009 - Medicare /
Medicaid Recovery Audit Contractor and Coding
Workshop, Regal Sun Resort, Orlando
- November 18, 2009 - 16th Annual
Maintenance Workshop, Regal Sun Resort,
Orlando
- December 1, 2009 - CCRC Benchmarking
Webinar
- February 25, 2010 - CNA
Train-the-Trainer, Winter Park Towers,
Orlando
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General News |
State Building Code Rule Adopted on
10/1/2009 -- 9B-3.047 -- Effective
March 1, 2009, the Florida Building Code, 2007
edition, as updated by the Florida Building
Commission, and as approved by the Commission on
August 21, 2007, and amended by the Commission
on December 10, 2008, and June 9, 2009,
incorporated herein by reference and adopted as
the building code for the State of Florida.
President Signs Proclamation 2009 H1N1
Influenza Pandemic a National Emergency
-- On October 24, 2009, President Obama signed a
proclamation declaring the 2009 H1N1 influenza
pandemic a National Emergency to facilitate the
federal government's ability to respond to the
pandemic by enabling - if warranted - the waiver
of certain statutory Federal requirements for
medical treatment facilities under Section 1135
of the Social Security Act [1135 Waivers]. This
section permits the Secretary of Health and
Human Services to waive certain requirements for
health care facilities in response to
emergencies.
This particular declaration offers more
flexibility on H1N1 management, e.g., allowing
hospitals to set up alternative care sites. For
skilled nursing facilities, the example given is
the ability for a SNF to request a waiver of 42
CFR 483.5, which requires CMS approval prior to
increasing the number of certified beds in a
distinct part. Click
here to the Web site link to the
announcement.
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Home and Community-Based Services News |
Outcome and
Assessment Information Set (OASIS-C) Conference
Call Scheduled -- The Centers for
Medicare & Medicaid Services' (CMS) Provider
Communications Group will host the second in a
three-part series of national provider
conference calls on the Outcome and Assessment
Information Set (OASIS-C). This toll-free call
will take place from 1:30 p.m. - 3:00 p.m. EST
on Thursday, November 12, 2009. In order to
receive the call-in information, you must
register for the call. It is important to note
that if you are planning to sit in with a group,
only one person needs to register to receive the
call-in data. This registration is solely to
reserve a phone line, NOT to allow
participation. Registration will close at 1:30
p.m. EST on November 11, 2009, or when available
space has been filled. No exceptions will be
made, so please be sure to register prior to
this time.
To register for the call,
click
here.
This call will review the
OASIS-C section by section, providing attendees
with information on new data collection guidance
for selected OASIS-C items. Following this
presentation, the lines will be opened to allow
participants to ask questions of CMS OASIS-C
subject matter experts.
A PowerPoint slide
presentation will be posted to the
OASIS-C web page on the CMS Website for you
to download prior to the call so that you can
follow along with the presenter.
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Housing News |
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No Social Security Cost-of-Living
Adjustment (COLA) for 2010 -- With
consumer prices down over the past year, monthly
Social Security and Supplemental Security Income
benefits for more than 57 million Americans will
not automatically increase in 2010. This will
be the first year without an automatic
Cost-of-Living Adjustment (COLA) since they went
into effect in 1975.
Some other changes that would normally take
effect in January 2010 based on the increase in
average wages also will not take effect, even
though average wages did increase. Since there
is no COLA, the statute prohibits an increase in
the maximum amount of earnings subject to the
Social Security tax as well as the retirement
earnings test exempt amounts. These amounts
will remain unchanged in 2010. The attached
fact sheet
provides more information on 2010 Social
Security changes.
Information about Medicare changes for 2010,
when available, will be found at
www.Medicare.gov. The Department of Health
and Human Services has not yet announced if
there will be any Medicare premium changes for
2010. Should there be an increase in the
Medicare Part B premium; the law contains a
"hold harmless" provision that protects about 93
percent of Social Security beneficiaries from
paying a higher Part B premium, in order to
avoid reducing their net Social Security
benefit. Those not protected include higher
income beneficiaries subject to an
income-adjusted Part B premium and beneficiaries
newly entitled to Part B in 2010. On September
24th, the House passed legislation by 406-18
that would, on a fully paid-for basis, prevent
abnormally large premium increases. The
President is calling on the Senate to enact this
legislation before it becomes too late for the
Social Security Administration to update its
computer systems to implement this needed
change. For additional information about the
2010 COLA, go to
www.socialsecurity.gov/cola.
Michelle Norris Testifies on Behalf of
S. 118 - Michelle Norris, Senior Vice
President for Development and Acquisition,
National Church Residences, and on behalf of the
American Association of Homes and Services for
the Aging (AAHSA), testified recently during a
U.S. Senate committee on Banking, Housing and
Urban Affairs. To read her testimony, and the
additional panelists, click
here.
Other Housing News:
- Register for EIV Webinar featuring Denise
Murphy
- Exclude Annual Income from Census Workers
- State Lifetime Sex Offender Registration
- New VAWA Form
- Final FY 2010 Fair Market Rents
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Legislative News |
House Joint Meeting Addresses
Background Checks For Those Working With
Vulnerable Populations -- Following
media reports of lax background screening
for people who work with children and the
elderly, the House Criminal & Civil Justice
Council, the House Elder & Family Services
Policy Committee and the House Health Care
Services Policy Committee met jointly for a
workshop to discuss tightening background
screening for those who work with children
and vulnerable adults. Lawmakers are
considering bolstering the employment
requirements following a South Florida
Sun-Sentinel report that revealed about
3,500 people with criminal records had been
approved to work with elderly and disabled
people, and about 2,900 had been permitted
to work with children. Some of the workers
who had been approved had been convicted of
murder and rape. To read the entire
article, click on the Legislative Alert, LEG
09-01 page below.
Review of Elevator Safety and
Regulation -- On Tuesday, November
3, the Senate Regulated Industries
Committee, chaired by Senator Dennis Jones
(R-13), heard a presentation from Miguel
Oxamdi, Staff Attorney, Regulated Industries
Committee regarding
Senate Interim Report, 2010-128 on elevator
safety and regulation. The study
addresses issues related to the enforcement
of elevator safety code standards that
require elevator owners to modify or
retrofit elevators in order to comply with
revisions or updates to those standards.
Read more about this meeting and the final
recommendations by clicking on the
Legislative Alert, LEG 09-01 page below.
House to Vote This Week on Health
Reform Bill With CLASS Provisions --
Because of the importance of incorporating
long-term care into the health care reform
bills under consideration by Congress, we
are repeating the below AAHSA Call to
Action. Please take the time to respond and
encourage your staff and residents to
respond. The entire article and a link to
the complete bill can be found in the
Legislative Alert, LEG 09-01.
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Nursing Home News |
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Nursing Home Reimbursement Workgroup
Submits Report to the Legislature -
FAHSA's Nursing Home Reimbursement Committee
Chair, Betty Sorna, and FAHSA staff Erwin Bodo,
COO, have been serving on a reimbursement work
group since January, 2009. The work group has
met several times and last week issued its final
report to the Legislature. To read the report,
please click on this week's Nursing Home Alert,
NH 09-39 below.
Other Nursing Home News:
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Reminder: Don't Forget to Post the Nursing
Home Guide and Watch List on November 15
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OSHA Announces Record Keeping National
Emphasis Program
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CMS 3.0 Files for 2010 Implementation
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AHCA Reports MDS Personal ID Conversion
Congratulations Tom! You have what it takes to
do a great job.
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Preferred Business Associates News |
Upstairs Solutions -- FAHSA has the
pleasure and privilege of announcing our
newest Preferred Business Associate. Please
welcome Upstairs Solutions, a
leading provider of online compliance
training and in-service instruction for
senior care facilities.
Upstairs Solutions makes great
training easy, with more than100 online
courses for all levels and departments
of the senior care workforce. With the
best instructional content available,
and the most comprehensive reporting and
tracking features, Upstairs
Solutions helps providers ensure
that employees are trained to provide
the best care possible, and are
compliant with federal and state
regulations.
To learn more about Upstairs
Solutions or try a course, visit
www.upstairssolutions.com.
FAHSA's Preferred Business
Associates Program (PBAs) -- A list of PBAs
can be found by on the FAHSA Web site
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.
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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 2009 -- 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
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. © 2009 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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