Florida Association of Homes and Services for the Aging
August 28, 2008 Vol 15, Issue 36
Hands  FAHSA LINK
 
Welcome to this week's edition of the FAHSA Link.
 

FAHSA Members Aid in Tropical Storm Fay Evacuation Efforts - As Tropical Storm Fay zigzagged its way from water to land across the state last week, it became the first storm in recorded history to make landfall in Florida four times. FAHSA members faired exceptionally well except for extensive flooding that took place in parts of Florida as a result of its slow movement. 
 
Many thanks to Marty Goetz, CEO, River Garden Hebrew Home Wolfson Health and Aging Center and several other area nursing home communities for assisting DeWayne Harvey, CEO, Innovative Health Care Management with relocating residents from Summer Brook Health Care Center, a 120-bed nursing home facility, located in Jacksonville.  Staff made the decision to evacuate when massive amounts of rain began filling up culverts, trenches and drains around the community. "I am so appreciative of what Marty and his staff did to help me in my time of need," said DeWayne Harvey. 

 

The Tropical Storm Fay event in the Agency for Health Care Administration's (AHCA) Emergency Status System (ESS) has been closed. Facility information, emergency contacts, power, utility, census, and available bed information can continue to be updated in ESS.  Please verify that the information is updated in preparation for Tropical Storms Gustav and Hanna.  An email will be distributed upon opening ESS in the event the storm paths move toward Florida.

 

Tropical Storm Gustav Gains Strength in Gulf - For a complete update, please click here to read FAHSA's latest Hurricane Alert.

In This Issue
Constitutional Amendment 5
CCRC / Retirement Community News
District and Membership News
Education News
General News
Home and Community-Based Services News
Housing News
Legislative News
Nursing Home News
Preferred Business Associates News
Job-Mart
FAHSA Quick Links
Constitutional Amendment 5
Supreme Court Moves 'Tax Swap' Amendment Hearing to September 3 -- In an order released yesterday, the Florida Supreme Court moved a previously scheduled hearing on the Amendment 5 lawsuit from September 8, 2008 to September 3, 2008. The change was made to ensure that a decision is rendered before the September 5 deadline for approving the content for the ballot that will be used for the November election. Attorneys for both sides filed briefs this week indicating that in the event that the Court rules after the Florida Department of State's September 5, 2008 ballot approval deadline, the Amendment appearing on the November ballot would cause confusion and the votes would simply not be counted.
 
New Poll Shows Slim Majority Favor Amendment 5 -- According to a recent poll done for The Tampa Tribune and other news agencies by Mason-Dixon Polling & Research, 39 percent of Floridians favor Amendment 5 (the tax swap), while 33 percent oppose it and 28 percent are undecided. The poll, with 625 registered voters, has a four-point error margin.
 
Information on Amendment 5 Posted on FAHSA Web Site -- If you are looking for information on the tax swap constitutional amendment (Amendment 5), please be sure to go to the FAHSA Web site and click on the red box labeled "Amendment 5 A Bad Idea."  You will be linked to a page on Amendment 5 that includes a FAHSA fact sheet on the proposal along with links to other Web sites that contain valuable information on why the amendment is not a good idea. Although the Supreme Court is scheduled to rule on a legal appeal related to the wording of Amendment 5 on September 3, there is no guarantee that the amendment will be removed from the November ballot.  Therefore, it is important for you to begin to educate your residents and staff about why Amendment 5 will create more problems that it will solve. If Amendment 5 passes, it will eliminate the property tax related to schools, but the legislature will have to make up the resulting $9.6 billion in lost revenues by increasing the sales tax by one percent, eliminate sales tax exemptions that do not serve a public purpose, and cut services. The probability of a sales tax on services would be great. In addition, cities and counties would not be prohibited from increasing user fees and special assessments to make up their losses.
CCRC / Retirement Community News
 
Prepayment for "CCRC Without Walls" Not an Option in Florida
-- Last Thursday, AAHSA hosted a Web seminar titled "The Next Step: Expanding Your CCRC into the Community."  A handful of states have defined continuing care in such a way that providers may offer continuing care contracts to people who do not live on campus. Speakers described programs implemented in Pennsylvania, New Jersey, Connecticut and Tennessee that include a pre-paid contract and monthly fees for continuing care services provided to seniors living in the community-at-large. Ch. 651, F.S., requires that a CCRC provide "shelter" as part of its contractual obligation. Therefore, this option is not permitted under current law. It's important to remember that nothing prohibits a CCRC from providing services to non-residents on a fee-for-service basis.
 
A couple of years ago, FAHSA asked the staff of the Office of Insurance Regulation to consider a change in Ch. 651, F.S., to allow for in-home CCRC contracts (a CCRC without walls). Based on the limited information that was available through regulators in other states, OIR was reluctant to move in that direction. Obviously, when prepayment is involved, the provider assumes a risk related to the delivery of promised care, and little was known at the time about how this could be done without affecting traditional CCRC contract holders associated with the same organization. Although speakers from the AAHSA web seminar indicated that the in-home CCRC model is profitable after a three year start up period, an independent evaluation is not available to show that such programs are actuarially sound. We will discuss this option again at our October public policy meetings and with OIR staff to see if there is any interest.
District and Membership News
 
Vicar's Landing and Penney Retirement Community Hold Voter Education Events
-- Over the past two weeks, two more FAHSA member organizations held candidates forums. The resident council at Penney Retirement Community, which has its own voting district, hosted an event for candidates vying for State House seat 21. All four candidates attended along with 150 residents. Another 75 viewed the forum on closed circuit television.  Vicar's Landing, a Ponte Vedra Beach continuing care community, held a forum for candidates for State House seat 18.  Two of four candidates participated. Seventy-five people attended. None of the contenders for either race are incumbents.

Education News

 

Nationally Recognized Designer, Dr. Lorraine Hiatt to Speak during Physical Plant Workshop on September 4 - Dr. Lorraine Hiatt, a nationally-recognized designer who has worked on several projects in Florida including: River Garden Hebrew Home Wolfson Health and Aging Center; Moosehaven, Inc.; Moorings Park; Abbey Delray and, most recently, The Mayflower Retirement Community, that have, over the years, pioneered culture change, will speak during the Physical Plant Workshop on September 4.  Her presentation, "Design Choices and Culture Changes in Residents, Staff and Systems", will track a series of examples illustrating design choices and the impact on staff and resident activities, as well as help participants evaluate the potential for design to support, mitigate or impede values of person-centered care. Specific data will be used to address basic physical functions and to illustrate how time may be released to achieve more engaging and natural approaches to other activities. Roles of management, designers and regulators in marshalling design potential will be highlighted. Participants will take home tools to be used in evaluating their own options.
 
You can still register online and plan to join us on September 4, 2008 at the Hotel Royal Plaza in Orlando. 

 

FAHSA Calendar of Events

General News

 
Workers' Compensation Rates Could Decrease for Sixth Year -- Florida Insurance Commissioner Kevin McCarty announced this week that he has received the latest rate filing from the National Council on Compensation Insurance (NCCI) for workers' compensation insurance rates due to become effective next year. The filing calls for an overall average rate decrease of 14.1 percent statewide, which would produce a savings of more than $465 million for Florida employers. 

If approved, the rate decrease would be the sixth consecutive drop since the Legislature passed sweeping reforms to the state's workers' compensation system in 2003. The cumulative overall statewide average rate decrease since 2003 would total 58.3 percent.

"These lower workers' compensation rates will have a positive impact on every segment of our marketplace," said Commissioner McCarty. "It is great news for business owners and their employees, because Florida employers are paying lower rates, and benefits are being delivered fairly and effectively. The reduction of fraud and abuse in the system is certainly paying off."

Prior to the legislative reforms, the state of Florida consistently ranked No. 1 or No. 2 in the country for the highest workers' compensation rates; however, post-reform, Florida has dropped out of the top 10 rankings.

NCCI, which produces and files rates for insurers in many states, said the rate decline was primarily due to a significant drop in claims frequency and a reduction in the costs of claims.  

A rate hearing on the filing will be scheduled by the Office of Insurance Regulation in October, and the rate change would be effective for new and renewal business as of Jan. 1, 2009. 

For more information, please contact Ed Domansky, Florida Office of Insurance Regulation, Edward.Domansky@floir.com
 
Medicare Providers Remain Satisfied with Fee-for-Service Contractors -- The Centers for Medicare & Medicaid Services (CMS) recently reported that Medicare health care providers continue to be satisfied with services provided by Medicare fee-for-service contractors showing a relatively smooth transition to the new Medicare Administrative Contractors (MACs). 
 
The average score based on a satisfaction survey across all contractors was 4.51 on a scale of 1 to 6. This year's average score was comparable to last year's average score of 4.56.
 
The Medicare Contractor Provider Satisfaction Survey (MCPSS), conducted by CMS for the third year, is designed to gather and report objective, quantifiable data on provider satisfaction with the fee-for-service contractors who process and pay Medicare claims. In 2007, more than one billion claims were processed and paid to approximately one million health care providers who provided medically necessary items and services to 44 million beneficiaries.  The survey is mandated by the Medicare Prescription Drug, Improvement, and Modernization Act (MMA) of 2003. Specifically, the law calls for CMS to develop contract performance requirements, including measuring provider satisfaction with Medicare contractors. The MCPSS enables CMS to make valid comparisons of provider satisfaction between contractors and, over time, improvements to Medicare.  
 
The summary report of the survey findings is available on the CMS Web site in the MCPSS section at http://www.cms.hhs.gov/MCPSS.    

Home and Community-Based Services News
 
FAHSA's Annual Home and Community-Based Workshop Scheduled - This year, plan to attend FAHSA's HCBS Workshop on Monday, September 15, from 1:00 p.m. to 5:00 p.m. at the Hyatt Regency Jacksonville Riverfront Hotel in downtown Jacksonville (will be held in conjunction with the Affordable Housing and Service Coordinator Workshop September 16-17, 2008).  Peter Notarstefano, AAHSA's Director of HCBS; Mike Bell, The Hospice Foundation of the Florida Suncoast; Shannon Martin, M.S.W., CMC, Aging Wisely; and Anne Menard, Agency for Health Care Administration will present topics such as Implementing a Comprehensive Aging in Place Strategy for Independent Residents, Pushing the Limits of Support Services:  When Does it Become Too Much of a Good Thing?, AHCA Issues New Rules Affecting HCBS/Home Health Providers, and Operational Issues and Challenges for HCBS Providers. Online registration and brochure are posted on the Calendar Page of the FAHSA Web site.

Housing News

 
Affordable Housing is Focus of Two Major Corporations --
TD Banknorth and Commerce Bank have teamed up to support affordable housing by offering a new grant program, made possible through the TD Charitable Foundation.  Applicants must develop and/or maintain affordable housing or provide housing-related programs and services to low and moderate income individuals or families. The grant offers support for operational funding for fiscally responsible organizations that have made and continue to make a meaningful difference in the affordable housing market in their respective community. Applications from 501(c)(3)  nonprofit housing organizations will be accepted until September 12, 2008.
 
For more information visit the Commerce Bank web site or contact Michael L. Rayder, Jr. at (207) 756-6947 or Michael.Rayder@TDBanknorth.com.

Legislative News
 
List of Candidates for November Election Narrows -- Consider Holding a Voter Education Event at Your Community -- The number of candidates for open congressional and state legislative seats has narrowed as a result of the primary election held this week. Several FAHSA members held voter education events in the weeks leading up to the primary with excellent results. One event was video taped by the Orlando Sentinel and posted on its voter education Web page for the general public to view. The communities that held the events made contacts that will pay off after the election.
 
Please consider holding a voter education event at your community in September or October that includes, at a minimum, candidates for the state legislature for your organization's voting district.  You can access an updated version of FAHSA's Voter Education and Grassroots Advocacy Guide by clicking here.  It is also accessible by going to the FAHSA Web site, click on Members Only/News, then Legislative Issues and the document is listed on that page.  The Guide contains helpful tips for organizing and conducting voter education activities as well as sample letters to candidates, invitations to interested parties, questions for candidates, and agendas.  In addition, Mary Ellen Early is available to help you tailor an agenda and questions for candidates that are suitable for your organization. If you're unsure of the name of candidates running for the state legislature in your area, please go to the Web site of the Florida Secretary of State or contact Beverly Gregory at FAHSA; (850) 671-3700.
Nursing Home News

 
CMS Draft Revised Guidance:  Quality of Life Revisions to Guidance for F-Tags - A draft transmittal and Centers for Medicare and Medicaid Services (CMS)-proposed changes related to quality of life for several F-tags are being proposed in response to discussions held at the National Symposium on Culture Change and the Environment Requirements, co-sponsored by CMS and the Pioneer Network last April. Read more on this issue and those listed below in the latest Nursing Home Alert, NH 08-30. 
 
Other Nursing Home News: 
  • CMS Quality of Life Revisions
  • AHCA Clarification On Demand Billing
  • AHCA Survey Reports Online
  • Draft Crosswalk Available for MDS 3.0 Comparison
  • Additional Cultural Change Question from AHCA

FAHSA Nursing Home Alert Page

Preferred Business Associates News
 

CoupleWithDollarFAHSA'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.

 
Job-Mart
 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

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.

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