Court Sets Hearing Date On Constitutional Amendment 5 -- Filed in Leon County Court on July 3, Case #2008CA2164, is scheduled to be heard before Judge Cooper at 1:30 p.m. on August 13, 2008. Plaintiffs are alleging that the Amendment explanation is too vague for voters to understand the full ramifications of the tax swap. The amendment would eliminate the "required local effort" for school support. To make up for revenues lost by school districts, the Legislature would be authorized to raise the sales tax one percent, eliminate exemptions, cut the budget and look for other tax sources. Estimates of the revenue shift at the state level to compensate the counties for lost property taxes have ranged from $9.5 billion to $11 billion.

A group supporting Amendment 5 is anticipated to be filing a motion to intervene as a defendant in the case.

More on New IRS Form 990 for Nonprofit Entities -- You are probably aware that your organization will be filing a completely redesigned and more complex Form 990 for your 2008 tax year (the tax reporting year that starts in 2008). The new form incorporates the 2005 and 2006 tax law changes and contains the most comprehensive changes to the reporting requirements in almost three decades. This reform is aimed at making sure exempt organizations present a transparent picture of themselves to the public and that they accurately report their operation and claims to minimize their tax filing burden.
 
The new form requires more information about an entity's governing body, policies, and practices, which may highlight noncompliance risk areas. The IRS also has plans to expand its focus to look more closely at loans and other transactions between nonprofits and their executives, employment tax issues, and joint ventures between not-for-profit and for profit entities.
 
Your Board of Directors, as well as management and staff, will have to look at the documentation and reporting responsibilities for the Form 990 in a whole new light. The key to being prepared for the upcoming changes is careful coordination between board members, management, and professional advisors.
 
Source: FAHSA business affiliate Moore Stephens Lovelace, P.A.; Ron Shuck at rshuck@mslcpa.com (800) 929-2981.
 
Florida Fiscal Outlook Grim -- This week, state economists met to update their fiscal forecasts for the year. They predict that most economic indicators will do worse in this budget year when compared to a forecast issued in February and that the economy will not begin to turnaround until the middle of next year. It was the most pessimistic financial forecast since the housing debacle started. Florida led the nation in the number of lost jobs over the past 12 months and had a record number of housing foreclosures.

From all indications, the revenues collected from taxes will not be enough to support the state budget for FY 2008-09.  If the trend continues, legislators will be back in Tallahassee after the November election to cut funding once again.

Now is the time to start educating lawmakers and candidates about your organization and the importance of funding for long-term care and affordable senior housing.

Invitation Issues for Florida Affordable Health Insurance Initiative -- On July 2, Florida's State Office of Insurance Regulation (OIR) and the Agency for Health Care Administration (AHCA) issued an Invitation to Negotiate (ITN) for the new "Cover Florida" affordable health insurance initiative. The law authorizes these agencies to negotiate with private insurers for basic health care coverage options that would be affordable to uninsured Floridians. Although Governor Crist spoke about a targeted $150 per month premium, the ITN does not restrict the premium amount.  Some advocates are concerned about the pared down list of services and lack of consumer protections, but most agree that some coverage is better than no coverage.

 FAHSA General Membership Alert Page

 

 

Congress Overrides Veto of Bill to Renew Therapy Caps Exceptions -- Following President Bush's veto of the Medicare improvement bill (H.R. 6331), both houses of Congress today voted to override the veto. The House approved the override by a vote of 383 to 41, while the Senate voted 70 to 26.

The legislation would benefit residents and clients by extending the Medicare therapy caps exceptions process for 18 months as well as placing a moratorium on a 10.6 percent cut to Medicare's physician payment rates.

"Thanks to Congress' decision today, millions of Medicare beneficiaries will continue to receive the physical and occupational therapy they need without fear their care will be rationed or capped," said Larry Minnix, AAHSA's President and CEO.

If you have any questions or comments, please contact: Marsha Greenfield, (202) 508-9488, or Evvie Munley, (202) 508-9478.

Thank you for all that you have done to see that your residents and clients have coverage for the therapy services they need. Source:  AAHSA

U.S. House Subcommittee Passes Nursing Home Arbitration Bill -- The House Judiciary Subcommittee on Commercial Law and Administrative Law Tuesday approved the Fairness in Nursing Home Arbitration Act, which would outlaw signing an arbitration agreement as a prerequisite to admission in a nursing home.

Republicans on the subcommittee voted against the measure but came up short in a 5-4 vote. Rep. Chris Cannon (R-UT) tried to add language that would exclude physicians and providers in nursing homes from the bill, ensure the bill would not be retroactive, as well as other provisions. All these amendments were shouted down in voice votes.

The subcommittee's approval moves the bill one step closer to becoming law.
Source:  Courtesy of McKnight's Long-Term Care News & Assisted Living

 

•  Nursing Home Licensure Renewals Must be Sent to AHCA 60 Days Prior to Expiration

 

Copyright 2008 -- Publication of the Florida Association of Homes and Services for the Aging (FAHSA).

• FAHSA Chair: Alma Ballard
• FAHSA President/CEO: Janegale Boyd
• Managing Editor: Gail Matillo

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. © 2008 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.