Ziegler Reports Results of Survey on CCRC Fee Increases - The following is an excerpt from Ziegler Capital Markets December 10, 2009 News Z-News.  "We (Ziegler) asked CFOs in the 2009 Survey to provide data about the actual fee increases experienced for 2009, and the responses are much more indicative of the reality of this current recession. While both the median (4.0 percent) and range of the majority of responses (3 to 5 percent) were slightly lower than their 2008 projected counterparts, there were noticeably fewer communities that actually increased rates by more than 5 percent than those who originally expected to do so (~18 percent vs. ~26 percent). Additionally, two respondents to the 2008 Survey projected increases of 10 and 18.5 percent, respectively; the latter was directly attributed to a new building campaign that had the potential to increase rates by a range of 7 to 30 percent, so an average was taken. As the capital markets froze over the year many new community projects and expansions were delayed or postponed, which may help to explain why none of the nearly 190 CFOs who responded to the 2009 Survey increased rates by more than 8 percent." 

"From the 2009 Survey, we have learned that the majority of those planning to increase fees in 2010 are doing so at an equal or lesser rate than in 2009. The majority of respondents (70 percent) are planning to increase their fees by a range of 2 to 4 percent. Only two respondents indicated that they would be raising rates by more than 6 percent (6.3 and 11 percent, respectively) and nearly 86 percent of respondents plan to hold or reduce 2010 fee increases at or below 2009 levels. While all signs point to relatively modest fee increases for 2010, it is important to remember that these are projections and that much can change in the span of a few short months." It's equally important to remember that Florida's economy is among the worst nationally and that economic recovery could take longer than for other states. This could result in a greater decline in occupancy rates and the need for higher fee increases than what's anticipated nationally.  
 

Education News

IRS Offers Tips for Year-End Donations - Individuals and businesses making contributions to charity and nonprofits  should keep in mind several important tax law provisions (publication 526)  that have taken effect in recent years. To help taxpayers plan their holiday-season and year-end giving, the IRS offers the following additional reminders:

 

 

 

FAHSA General Membership Alert Page 

 

Media Coverage of CLASS Escalates - With all the media hype about health care reform, very little has been in the news about provisions that could affect long-term care. That's not the case any more. This week, most of the major newspapers carried articles on CLASS, a provision that creates a voluntary payroll deduction government run long-term care insurance program as recommended by AAHSA. CLASS is in the House health care bill that passed. It is also in the Senate proposal, but there are some efforts to strip it from the draft bill because of concerns about the projected fiscal impact and whether or not there would be sufficient interest by the public in participating in a voluntary plan.  The actuary responsible for the estimates in question used some very conservative assumptions that were based on a previous edition of the bill. When speaking in favor of CLASS, Sen. Christopher "Chris" Dodd (D-CT) said last week, that the actuary is "dead wrong." The real authority is the Congressional Budget Office, which has concluded that CLASS is sound and solvent for 75 years under very conservative assumptions.

 

Please be sure to respond to AAHSA calls to action on CLASS and health care reform.  The senate is nearing the end of its debate so calls to members of congress are especially important.
 

 

HHS Finalizes FMAP Matching Rates for Medicaid Programs - Last week, the Department of Health and Human Services finalized the adjusted federal medical assistance percentage (FMAP) matching rates for state Medicaid programs for the third and fourth quarters of fiscal year 2009. A higher federal matching rate was made available to states under the American Recovery and Reinvestment Act of 2009. Under ARRA, each state would receive a 6.2% bump in its FMAP, with additional funding made available depending on that state's unemployment rate. The Federal Register Notice finalizes those new rates. The increased FMAP rates apply during a "recession adjustment period" that began Oct 1, 2008, and will end Dec 31, 2010, according to the Federal Register.

 

Source: McKnight's LTC Daily News, December 11, 2009 

Colorado Court Rules Proxies Cannot Sign Nursing Home Arbitration Agreements -

Under Colorado law, a health care proxy is empowered to make medical decisions on behalf of another, including "provision, withholding, or withdrawal of any health care, medical procedure, including artificially provided nourishment and hydration, surgery, cardiopulmonary resuscitation, or service to maintain, diagnose, treat, or provide for a patient's physical or mental health or personal care." In the case of Lujan v. Life Care Centers of America, Colorado, Alvin Lujan signed an arbitration agreement, waiving jury trial rights, when admitting his mother, Estella Lujan, to the Life Care Centers of America nursing home. She died three days later, and a wrongful death claim was filed against the facility. Life Care Centers argued that admission to a nursing home is a medical decision and, therefore, the Colorado law applies. But the Colorado Court of Appeals determined that the signing of an arbitration agreement does not fall under the specific definition of the authorities given to a health care proxy. As a result, the Lujan family had the right to sue the facility.

In October, the Nebraska Supreme Court arrived at a similar decision regarding the roll of patient surrogates.

 

McKnight's LTC Daily News, December 08, 2009

 

Other Nursing Home Alert News: 

 

• January 1, 2010, Medicaid Rates To Be Released Soon
• Five-Star Quality Rating System - December News
• Advancing Excellence Web Site Offers Comprehensive Data to Manage Quality 

 

FAHSA Nursing Home Alert Page

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.

 

FAHSA Preferred Business Associates Page

Welcome to the Florida Association of Homes and Services for the Aging Career Center!

 

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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, 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. © 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.