AHCA Clarifies Policy Directive - In an earlier issue of the LINK, we alerted members that the Florida Agency for Health Care Administration had stated that all residents of an ALF would be seen during AHCA inspections. This week, AHCA clarified the policy directive as follows.

AHCA Policy Directive: If abuse, neglect or exploitation has been alleged within the last twelve months, our biennial survey of the ALF will include an in-person visit with all residents present in the facility by a nurse surveyor.

Please share this information with the appropriate staff within your community.

Licensing Renewal Period for Public Lodging Establishments to Change - In the October 26, 2007 Florida Administrative Weekly, the Department of Business and Professional Regulation, Division of Hotels and Restaurants, announced a proposed change in the licensure renewal period for public lodging establishments. Since apartments fall into this category, the changes, which are expected to be approved and implemented by the end of January or early February, apply to some FAHSA members and should be noted.

Beginning in 2008, all public food service establishment licensures will expire on and must be renewed by December 1 annually. Beginning in 2009, all public lodging establishment licenses will expire on and must be renewed by May 1 annually. These expiration dates will replace the schedule in paragraphs (a) through (g) below. The expiration date of licenses in current status will be extended for the period of time necessary to bring each district into alignment with the new expiration dates. The division will provide each affected establishment in current status with a new license indicating the extended expiration date before their license expires. Until a license indicating the new December 1 or May 1 expiration date is issued, the following annual renewal schedule applies.

The purpose of the change is to put all licensees for a particular category on a uniform renewal schedule. If you have questions, please contact Michelle Comingore, Division of Hotels and Restaurants, at 850-488-1133.

Ray Johnson Elected to AAHSA Board - At the 2007 Annual meeting of the American Association of Homes and Services for the Aging (AAHSA), FAHSA member Ray Johnson was elected to serve as an AAHSA At Large Board member through 2010. Ray previously served on the AAHSA Nominations and Awards Committee and is currently serving on the AAHSA House of Delegates. He is the CEO of Vicars Landing and Glenmoor, two faith-based continuing care retirement communities.

Over the past 20 years, Ray has held numerous FAHSA leadership positions, including Chair in 1999- 2001. He is an outstanding and visionary leader. When nursing homes were unable to obtain affordable liability insurance, Ray worked to find an alternative. He was one of the founding board members of a risk retention group that now insures hundreds of nursing homes and assisted living facilities. In 2006, FAHSA members were faced with a major property insurance crisis. Ray used his connections to pave the way for a change in rule that opened Citizens Property Insurance, a quasi state insurance product, to CCRCs. This was a huge victory since, at the time, the Legislature and Office of Insurance Regulation were trying to curtail expansion of Citizens. Ray also stepped forward to assist with the federal repeal of imputed interest on entrance fees to CCRCs. With another FAHSA member, Ray worked for three years on this important issue. He contacted many members of the Florida congressional delegation and helped identify multiple cosponsors for a bill that incorporated into a major tax law that passed in 2006.

Ray's creative mind and talent with grassroots advocacy will continue to help bring about public policy changes that benefit FAHSA members and the elders they serve. Congratulations Ray!

Upcoming Membership Events:

• November 28 -- FAHSA District 3 Meeting, Terry Conference Center, DePaul Building, St. Vincent's Campus, Jacksonville
• December 5 -- FAHSA District 7 Meeting , Kramer Training Room, The Tradition of the Palm Beaches, West Palm Beach
• January 8-9, 2008 - FAHSA Board of Trustees Meeting, Boca Raton Resort & Club, Boca Raton
• January 15-16 -- FAHSA's Dynamic Directions Advanced Nurse Leadership Workshop including QIS Training, Safety Harbor, FL
• April 14 -- FAHSA Board of Trustees Meeting, Wingate Inn, Tallahassee

AHCA's Skip Gregory featured at Maintenance Workshop -- Back by popular demand - Skip Gregory (AHCA's Bureau Chief, Plans & Construction) will be a featured speaker at FAHSA's 14th Annual Maintenance Workshop November 14-15th at the Holiday Inn Hotel and Suites, 5905 Kirkman Rd., Orlando. Be sure your supervisor of maintenance is registered. Mr. Gregory will review time frames for checking life-safety systems, discuss the importance of infection control plans during routine and major repair and renovation projects, and talk about ways to avoid the most common life-safety deficiencies. Please feel free to submit questions for Mr. Gregory in advance of the session, and we will ask him to incorporate the topic into his presentation.

Use FAHSA's Self-Study Training Modules to Meet Regulatory Requirements - If your community is looking for an efficient and cost-effective way to ensure that new and existing staff meet mandatory educational training requirements, consider purchasing one or more of FAHSA's training Videos/DVDs:

• HIV/AIDS Prevention & Treatment
• Domestic Violence
• Medical Errors
• OSHA Universal Precautions & Infection Control
• Resident Abuse Prevention Program

The advantage of using the training series is that individuals can work at their own pace and complete the training on their own or as part of a group. For new hires, this option in invaluable. It not only saves time, it saves money in regulatory problems!

See a list of programs at: http ://www.fahsa.org/documentsvideos.htm -- Click on the FAHSA Training Courses and Products Brochure.

END OF YEAR SPECIAL -- There is a 10 percent discount if you order by 12/31/07!

MDS Coding and Care Planning Webinar -- November 27 at 2:00pm to 4:00pm.

This Webinar will relate to the new QIS process and is specifically designed for MDS Coordinators, RNs, LPNs, DONs, ADONs, administrators and other nursing home direct care staff and administrators.

The Long-Term Care Minimum Data Set (MDS) is the single most important data instrument that can impact resident care, care planning, financial success or failure, legal defense, survey outcomes, quality assurance and communication between facility staff.

Please visit the FAHSA Calendar of Events to view the brochure or register online.

Plan to Attend - We're putting a fresh face on FAHSA's January Dynamic Directions: Advanced Nurse Workshop....just for you! With the help of our dynamic planning team, we're putting together a program that will meet the needs of not only Directors of Nursing, but quality assurance nurses, staff development nurses, charge nurses and CNA instructors. Nurses practicing in nursing homes, and assisted living settings will want to attend. Please visit the FAHSA Calendar of Events to view the brochure or register online.

Upcoming Educational Events:

• November 14-15 - FAHSA's Maintenance Workshop, Holiday Inn, Orlando
• November 27 - MDS Coding and Care Planning Webinar
• January 15-16 -- FAHSA's Dynamic Directions Advanced Nurse Leadership Workshop including QIS Training, Safety Harbor
• April 15-16 -- FAHSA's Legislative Workshop, Leon County Civic Center, Tallahassee

Lawsuits Skyrocket Over Family Leave Disputes - Lawsuits by employees who have missed work due to the need to care for a loved one are on the rise, according to a new report. The lawsuits, which usually involve workers who are needed to care for an elderly parent or spouse or a child with a disability, have increased nearly 400 percent in the last 10 years, according to data from the Center for WorkLife Law at the University of California.

Many of the cases allege that an employer denied leave or retaliated against a worker. Employers also violated the federal Americans with Disabilities Act by denying workers accommodations to care for a relative with a disability, according to the suits. In response to the rise in the number of such lawsuits, the U.S. Equal Employment Opportunity Commission recently has issued its first guidance for employers about the issue.

IRS Social Security Scam Alert - The Social Security Administration (SSA) reported a new scam targeting the elderly. According to SSA, someone approaches an elderly citizen and asks if they have filed to get the tax back on their Social Security benefits. They tell the victim (the beneficiary) to get a 1099 from Social Security so that they can file the income tax refund for the beneficiary. The beneficiary requests the last three years 1099 statements showing their Social Security Benefit. The SSA has no choice except to give them the information. SSA does tell them that what they are about to participate in is a scam. Few believe them. The tax preparer files three years' tax returns showing SS benefits as income. They put in the standard deduction and come up with a refund amount. The beneficiary files the tax return. The IRS sends them a refund. The beneficiary pays the preparer between $40 and $100. IRS realizes the error and either takes the refund out of the beneficiary's bank account or sends a demand letter for the refund. While the preparer has their money and has moved on, the beneficiary is out the amount of money paid the preparer and must repay the "refund" to IRS. For more information, visit: http://www.ssa.gov.

FDA Announces Class 1 Recall of Welch Allyn AED 10T Automatic External Defibrillator - The Food and Drug Administration (FDA) has announced a Class 1 Recall of the Welch Allyn AED 10(tm) Automatic External Defibrillators manufactured between March 29, 2007 and August 9, 2007, part numbers 970302E, 970308E, 970310E, and 970311E. Class 1 recalls are the most serious type of recall and involve situations in which there is a reasonable probability that use of the product will cause serious injury or death. The recall was initiated on October 26, 2007. View the recall information online at www.fda.gov.

HUD Proposes Rule Changes to Pet Ownership for the Elderly and Persons with Disabilities -- Last week, Janegale Boyd, FAHSA's President/CEO provided housing members with information about the October 15 edition of the Federal Register in which HUD published proposed rule changes to the pet ownership for the elderly and persons with disabilities rule. The proposed rule would revise HUD's regulations that apply to assistance animals in HUD-assisted housing, including public housing serving elderly and disabled families, by making the assistance animal exceptions in those regulations similar to the requirements and procedures that currently apply to HUD's other public housing programs. HUD is undertaking this effort to improve uniformity in its regulations.

A conference call was held November 8th with Kathi C. Williams, Esq., Fair Housing Institute; Marsha Greenfield, General Counsel, AAHSA; Cory Kallheim, General Counsel, AAHSA; Colleen Bloom, Associate Director of Housing, AAHSA; Alayna Waldrum, Legislative Representative, AAHSA; Alma Ballard, FAHSA's Chair and Executive Director, Family Housing Management Company, Inc.; Jason Pincus, FAHSA's Housing Chair and Administrator, Stanley Axlrod UTD Towers; Milo Ayen, Administrator, Evangeline Booth Towers; Robin Wagoner, Administrator, Asbury Arms; and Gail Matillo, FAHSA's Housing Director to discuss the rule changes. Ms. Williams agreed to begin a draft letter to HUD to voice our concerns about the rule changes. Colleen Bloom suggested allowing other national housing groups to sign on to the letter. Once the letter is complete, a copy will be available on the FAHSA Web site. If you would like to comment on the new rule, please send your comments to Bryan Greene, Deputy Assistant Secretary for Enforcement and Programs by December 14, 2007.

Other Housing News:

• Licensing Renewal Period for Public Lodging Establishments About to Change
• Senator Bond (R-MO) to HUD, OMB on Section 8 Funding Shortfall: 'Let's Get Serious'
• HUD Publishes Documents on Fire Safety

National Center on Senior Transportation Releases RFPs for Demonstration Grants -The National Center on Senior Transportation (NCST) is soliciting proposals from aging/human service agencies, tribal organizations, faith-based organizations, units of state and local government, public and private transportation providers and other entities interested in developing and implementing innovative approaches to increasing senior transportation options and improving older adult mobility.

Successful projects will be collaborative, replicable, and consistent with senior transportation-related goals of the national United We Ride initiative of the Federal Transit Administration. The goals are to increase transportation options for older adults, simplify older adults' access to transportation services, and increase the quality of transportation services for older adults.

Successful applicants will receive grant awards ranging from $50,000 - $90,000 and 24 months of individually tailored technical assistance. Higher or lower amounts may be awarded based on specific proposals. Proposals are due by 11:59 p.m. Eastern Standard Time on Monday, December 17, 2007. Please visit the center's Web site at www.senior transportation.net for more information and to download a copy of the RFP.

Morselife Holds Public Forum Featuring State Legislators - Senator Dave Aronberg and Representative Susan Bucher were featured speakers at a public forum on health care held October 19th at The Tradition of the Palm Beaches, part of Morselife. Morselife is a nonprofit organization that owns and operates a nursing home, apartments for independent living, an adult day care center, a research center, and community outreach services. The legislators spoke about proposals for tax cuts and the negative impact on public programs benefiting vulnerable populations, like seniors and children. Dr. Alan Sadowsky, MorseLife's Senior VP of Community-Based Services, also spoke about the increase in the senior population and research being undertaken by MorseLife's Institute for Geriatric Research and Education to identify ways to improve health care delivery, including a study on remote monitoring of health care status. This health care forum was part of MorseLife's ongoing series of outreach and educational programs for the community.

Pictured are Morris Funk, Chief Operating Officer for MorseLife; Dr. Alan Sadowsky, Senior Vice President of Community Based-Services for MorseLife; Representative Susan Bucher; Senator Dave Aronberg; and Keith Myers, President/CEO for MorseLife.

Initial Evaluation Required for Medicare Coverage under SNF Benefit for Therapies - Effective October 1, for skilled nursing facility (SNF) furnished services, including physical or occupational therapy or speech-language pathology services to be covered, an initial therapy evaluation must take place within the SNF or your fiscal intermediary will deny the claim under the SNF benefit. Read more on this and the other issues listed below in the latest Nursing Home Alert, NH 07-31.

Other Nursing Home News:

• AHCA Medicaid Provider Satisfaction Survey
• CMS Refinement of State Focus Facility Program
• Clarification on Life-Safety Requirements for Smoking Areas & Storage Within 18 Inches of Ceiling
• OSCAR Data Reports for Third Quarter of 2007
• Progress Made on Nursing Home Revisit Fees
• Release of Amounts Spouses of Medicaid Recipients May Keep in 2008
• FAHSA's Self-Study Training Modules Meet Regulatory Requirements

Letters of Credit and How They Work -- A letter of credit issued by a commercial bank is an irrevocable obligation to make bond payments if a borrower cannot. With that support, a borrowing organization can issue bonds backed by the bank's credit strength. This credit enhancement can make borrowing more affordable for organizations that wish to issue bonds, but have limited credit strength, putting other forms of enhanced or unenhanced bonds out of their grasp. To read the complete article, please click HERE. This article was provided by Lancaster Pollard, one of FAHSA Preferred Business Associates.

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. FAHSA members can also use the on- line directory to search for PBAs by specialty.

FAHSA is pleased to provide an opportunity for you to advertise your "position wanted" or "position available" through the FAHSA Link newsletter and on our Web Page.

FAHSA members may use the Job Mart services at no charge. A nominal fee of $25 will be charged to nonmembers.

Your Job Mart advertisement will be displayed on our Web site for approximately three months. The FAHSA Link is published weekly and distributed to our membership which is comprised of nursing homes, CCRCs, HUD housing, assisted living facilities, independent living facilities and companies/firms.

To reserve advertisement space in our Job Mart program, please complete the application and fax it to FAHSA at (850) 671-3790 or E-mail Erin Steele at esteele@fahsa.org