| September 4, 2008 |
Vol 15, Issue
37 | |
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FAHSA
LINK | |
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| Welcome to
this week's edition of the FAHSA Link.
Florida Supreme Court
Removes Amendment 5 Off the Ballot -- Within hours of
hearing arguments from opponents and proponents of Amendment 5
on Wednesday, the Florida Supreme Court ruled unanimously in
favor of upholding the Circuit Court's decision to remove
Amendment 5 from the November general election ballot.
Supreme Court Justices also indicated that they would not
entertain a request for a rehearing. To watch the oral
argument testimonies from an archived webcast, click here, then
click on the Department of State of Florida vs. Beverly
Slough, download the video player and the webcast will begin
automatically.
FAHSA has been an outspoken opponent of
Amendment 5 since it was first proposed by a member of the
Taxation and Budget Reform Commission. If Amendment 5
made it to the ballot and voters approved it, the Florida
Legislature would have been forced to replace more than $9.6
billion in lost revenues. The end result would have been a
higher sales tax, a possible service tax, and cutbacks in
services. This is a big victory not only for FAHSA and the
Florida Life Care Residents Association (FLiCRA), but for all
citizens.
Retirees Warn of "Catastrophe" from Amendment 5
Service Cuts, New Taxes -- On Tuesday, members and
staff from the Florida Association of Homes and Services for
the Aging (FAHSA) and the Florida Life Care Residents
Association (FLiCRA) spoke out during a press conference held
in Tallahassee warning citizens that if Amendment 5 is placed
and passed on the November ballot, it could have
"catastrophic" effects for Florida's
seniors. 
Speaking on behalf of FAHSA and FLiCRA, Dr. Benjamin
Colmery, Westminster Oaks resident; Gladys Davis, Georgia
Belle Apartments resident; Bennett Napier, CEO, FLiCRA; and
Janegale Boyd, President/CEO, FAHSA, charged that Amendment 5
could be a "Category 5 disaster" for Florida elders by
creating new taxes on sales and services that would raise the
cost of services that retirees rely on, including: monthly
community maintenance fees, community entrance fees, meal
plans, home health and nursing care and laundry.
"If Amendment 5 passes, tens of thousands of
retired Floridians, on fixed incomes, would have to pay far
more in living costs than they had planned," said Bennett
Napier, Executive Director of the Florida Life Care Residents
Association. "Such unexpected new costs could have potentially
catastrophic effects on the budgets of retirement communities
and of residents, pushing them to the tipping point of
eventually running out of money." Concerns about
the long-term financial security of Florida's seniors have
grown as alarming new economic data has emerged showing an
increase in bankruptcies among older Floridians. According to
a new analysis from the Consumer Bankruptcy Project, the rate
per thousand of bankruptcy filings for seniors aged 75 to 84
increased 433 percent from 1991 to 2007. For the same period,
bankruptcy rates for seniors aged 65 to 74 increased 125
percent. A new report,
published in July by Ernst & Young, paints a dispiriting
picture of the long-term solvency of retired Floridians'
savings. Floridians near retirement today have a 75 percent
chance of outliving their assets, according to the report, and
newly retired Floridians have a 61 percent chance of someday
running out of money. "If unexpected new services
tax costs imposed by Amendment 5 push retired Floridians into
insolvency, thousands who worked hard to finance privately
their own long-term care needs could be forced into Medicaid
and other taxpayer-funded services," said Dr. Ben Colmery. "In
these difficult economic times, the last thing we need to do
is raise taxes on our seniors." The groups
further argued that with sales tax revenues continuing to
decline, the Florida Legislature is expected again to make
deep cuts to state-funded elder services - raising questions
about the financial wisdom of forcing the state into deeper
dependence on the sales tax. "The simple fact is that
greater reliance on the sales tax is not good public policy,
and that's only one reason why Amendment 5 would be a Category
5 disaster for Florida seniors," said Janegale Boyd, President
and CEO of the Florida Association for Homes and Services for
the Aging. "In one stroke, this misguided, misleading
Amendment would create new taxes, harm public education,
burden seniors on fixed incomes, and devastate critical public
services upon which seniors and all Floridians rely."
Gladys Davis also argued that Amendment 5 would
punish Floridians who rent their homes and thus would not
receive property tax cuts to offset higher sales taxes.
"I am convinced that new taxes on sales and services that
would likely result from Amendment 5 would make my struggle to
keep up with rising costs even more difficult," Davis said.
"Like many Floridians with modest incomes, I do not own a
home. I would not benefit one iota from Amendment 5. Instead,
I would lose by paying more everyday in higher costs and
higher taxes." Amendments 7
and 9 Removed from Ballot, Too - In addition to
striking Amendment 5 from the ballot, the Court also struck
Amendments 7 and 9, reversing a lower court decision that
ruled these amendments proper. Amendment 7 would have
removed the constitutional ban on using public funds for
religious-based institutions. Amendment 9 would have
authorized school vouchers by allowing the use of public money
for tuition assistance at private schools and simultaneously
required school districts to spend at least 65 percent of
their funding in the classroom (a proposal known as the "65
percent solution"). The argument raised by the
challenges to Amendment 7 and 9 was that they were outside the
scope of the Taxation and Budget Reform Commission's authority
for proposing constitutional amendments, which it was argued
is limited to issues concerning taxation and the "state
budgetary process" by the constitution (Art. XI, Sec. 6(e)).
In reversing the lower court decision and striking these
amendments, the Court also ordered that no reconsideration
would be entertained and indicated that a full opinion
explaining the issues is forthcoming.
Source: TaxWatch E-communique,
September 3,
2008 | |
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| Education News |
Contact Hours to be Uploaded to CE Broker Next
Week - If you have recently attended one of FAHSA's
workshops, the annual convention, or taken any tests from
FAHSA's regulatory videos, the contact hours will be uploaded
to CE Broker next week. To give participants adequate
time to review their certificate of attendance forms, FAHSA
has been making changes and is in the process of preparing
files to upload. If you have any questions about your
hours, please contact the FAHSA office as soon as possible.
AAHSA Annual Meeting and
Exposition - AAHSA's annual meeting, One Voice, is
scheduled for October 12-15, 2008 in Philadelphia, PA.
There's still time to register by clicking on AAHSA's Web site.
More than 500 exhibitors, 250 educational programs, and
an evening with the Queen, Aretha Franklin are some of the
featured highlights.
Upcoming Educational Events:
September 15 - FAHSA's Home and
Community-Based Workshop, Hyatt Regency Jacksonville
Riverfront, Jacksonville September 15 -
Administrator and Boards of Directors Training for HUD
Communities, Hyatt Regency Jacksonville Riverfront,
Jacksonville September 16 & 17 -
FAHSA's 25th Annual HUD and Service Coordinator
Workshop, Hyatt Regency Jacksonville Riverfront,
Jacksonville September 23 - FAHSA's
Regional Meeting - by Webinar, TBA September
26 - IMAX TRACs Audio Call featuring Bonnie
Wilpon October 13-16 - AAHSA's Annual
Meeting and Exposition, Pennsylvania Conference Center,
Philadelphia, PA October 21 -
Webinar: Risk Management, NeverEvents featuring
Susan Bugg and Jan Ferguson October 29 &
30 - FAHSA's Board of Trustees Meeting, The
Tradewinds, St. Petersburg November 13 -
Webinar: Bridging the Gap: Understanding New
Wireless
Technology
FAHSA Calendar of
Events |
| General News |
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New Dental Health Campaign Launched --
The Florida Dental Association (FDA) launched a new campaign
in Tallahassee this week, "Dentistry: Gateway to Good
Health". The campaign highlighted the importance of
dental care to overall well-being. A press conference held on
Tuesday kicked off the event, along with a life-size, portable
billboard, targets both children and seniors in an effort to
stress the importance of early dental habits to lifelong
health. Janegale Boyd, President/CEO made
the following remarks during the press conference. "Good
dental hygiene is important to elders, especially those with
serious cognitive and physical impairments who rely on others
for mouth care. Preventive dental care affects one's quality
of life, nutritional intake and overall health. Without
healthy teeth or properly fitting dentures, it's difficult to
enjoy food and the social benefits that accompany the dining
experience. Dentures that do not fit, a common problem with
frail elders, or decayed teeth can result in loss of appetite
and serious weight loss. The challenge of ensuring good dental
care is particularly great for elders with Alzheimer's disease
and other forms of dementia that need help with simple tasks
like brushing their teeth. We are proud to participate
in the Florida Dental Association campaign to educate the
public about the importance of lifelong dental care. The
attention that this campaign brings to the importance of good
oral hygiene will benefit Floridians of all ages."
FAHSA, along with more than 12 organizations, supported the
campaign. City and County Budgets Could
Include Hidden Taxes - Speak Out If They Do - Around
the state, local officials are in the process of developing
their budgets for the coming year. This will be the first
budget cycle that we will see the effects of recent tax
reforms enacted by voters and the Florida Legislature.
Although property values have fallen and the public has spoken
with the passage of Amendment 1 last January, not all local
governments are planning to scale back their expenditures.
Even if property taxes go down in your area, local governments
have the option of increasing revenues through special
assessments and user fees. Increases in the use and amount of
special assessments and user fees can cause serious
operational problems for FAHSA member
organizations. Please be sure to check your local
newspaper for the dates and times of public hearings on the
budget. It is important for you to attend these meetings to
understand how the budget will affect your organization and
the residents you serve. The hearings also provide an
opportunity for you and your resident leaders to express your
opinion to your county council or city commission and to ask
for special consideration, particularly if you operate an
affordable housing community. Medicare
Enhances Consumer Information on Hospital Care -- The
Centers for Medicare & Medicaid Services (CMS), an agency
of the U.S. Department of Health and Human Services (HHS),
recently announced important additions to the Hospital Compare
Consumer Web site that will give consumers even better
insight into the quality of care provided by their local
hospitals. The improvements include the addition of a
mortality measure for pneumonia and, for the first time on
Hospital Compare, publicly reported measures for hospital
care of children. CMS
Broadcast on Innovative Employer Caregiving Programs
-- The next Caregiving broadcast sponsored by the Centers for
Medicare & Medicaid Services (CMS) and the Department of
Health and Human Services New Freedom Initiative Subcommittee
(NFI) is scheduled for September 17, 2008,
from 1:00 p.m.-2:00 p.m. (Eastern Time). The
broadcast will focus on Innovative Employer Caregiving
Programs and include presentations from employers and other
organizations that have developed and conducted successful
programs for employed care givers. Presenters will
discuss their experience with these programs and how they can
be replicated by others to help employed
caregivers. If you are an Employer looking to
expand or create services and programs to support your
employed caregivers, a Caregiver working full or part-time and
caring for a loved one, an Organization that provides
caregiver services, or any one else with an interest in
Caregiving, please make plans to listen on September
17th. To learn more about the broadcast or to
register as an individual viewer or as a host viewing site,
please click
here. Salary and Benefits Reports
Available for Nursing Homes, CCRCs, and Assisted
Living -- The Hospital and Healthcare Compensation
Service has published the annual salary survey for all
categories of staff in these three long-term care provider
groups. To order your copy, click
here.
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| Home
and Community-Based Services News |
FAHSA's 2nd 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. Peter Notarstefano,
AAHSA's Director of HCBS, Mike Bell, The Hospice Foundation of
the Florida Suncoast, Shannon Martin, MSW, 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 a brochure are posted on
the Calendar Page of the FAHSA Web
site. |
| Housing
News |
AHCA Responds to FAHSA Member Concerns about
Recent HHA Memo - Recently, one of FAHSA's affordable
housing members raised questions about home health agencies
not being able to offer free blood pressure checks in his
community because of a recently passed state law to address
fraud. Home health agency staff will often visit
communities a few times a year to take blood pressure checks
of residents or hold health fairs. According to a couple
of affordable housing members, these services have resulted in
rushed transportation to emergency rooms and prevented major
catastrophes. According to a June memo, issued by
the Agency for Health Care Administration (AHCA), and related
to legislation passed in 2008, AHCA can deny, revoke or
suspend the license and impose fines to any home health agency
for providing free or below fair market value remuneration for
staffing services. In an effort to comply with the memo,
home health agencies refused to continue performing free blood
pressure checks in affordable housing communities and said
that the service would have to be discontinued.
Mary Ellen Early, FAHSA's Senior Vice President
of Public Policy, asked Anne Menard, Supervisor, Home Health
Programs Unit, AHCA, for clarification and referenced a rule
from the Federal Register pertaining to gifts and free
services to Medicare and Medicaid beneficiaries. "The Federal
Register specifically allows for gifts and services to
beneficiaries provided that they do not exceed $10 per service
per individual or $50 over the year for an individual. The
dollar value of blood-pressure checks or health fairs would be
tied to be salary of the nurse and the time spent that your
community." AHCA responded that the service was
not a violation of state law since the housing described is
not an assisted living facility nor are preventive blood
pressure checks or health-related education
programs considered free home health agency
services. Their general counsel also referenced the
federal law that prohibits providing free services to
beneficiaries exceeding $10 per item and $50 annually per
beneficiary by an individual home health agency that might
serve as inducements to signing up for services from that home
health agency. To read the bulletin, click HERE, and then
look for the U.S. Department of Health and Human Services
Office of Inspector General Advisory Bulletin on the Social
Security Act Sec. 1128A(a)(5) (gifts to beneficiaries) dated
8/30/2002 (see page 55856). In the near future,
AHCA will be hosting a Q&A related to the new home health
agency law on its Web site. The question about the legality of
providing free services to residents of affordable housing
communities will be included. In the meantime, please share
this article with home health agencies that have reservations
about continuing to provide blood pressure checks and health
fairs in your community. If they still have doubts, please ask
them to call Gail Matillo or Mary Ellen Early, and we will put
them in touch with the appropriate AHCA staff.
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| Nursing
Home News |
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Medicare Payments Could Be Reduced if You Owe
Taxes -- The Taxpayer Relief Act of 1997, Section
1024, authorizes the IRS to reduce certain federal payments,
including Medicare payments, to allow collection of overdue
taxes. Should you owe such taxes and your payments are
reduced, your remittance advice will reflect a provider level
adjustment code (PLB) of "WU" in the PLB03-1 data field.
For more information, please see MLN Matters Article
#MM6125.
Other Nursing Home News:
1. AMDA Guideline Revisions
2. Combating Allegations of Fraud and Abuse 3. Board
of Nursing Revised Exemptions for Background Screening 4.
Reduction of Medicare Payments to Collect Overdue Taxes 5.
MED ALERT: Mobile Oxygen Storage Tank 6. SNF/LTC Open Door
Forum 7. AHCA's Response to LSC Questions 8. On-Line
Guide to Medicare Information 9. CMS Broadcast on
Innovative Employer Caregiving
Programs
FAHSA Nursing Home
Alert Page
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| Preferred Business Associates
News |
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Newest Preferred Business Associate --
The Provider/Shared Services Committee recently approved
LarsonAllen LLP as a Preferred Business Associate
(PBA).
LarsonAllen LLP -- a
nationally recognized professional service firm with expertise
in a variety of industries, provides assurance, accounting,
tax, consulting, and advisory services to companies and
individuals managing business ventures and finance.
Health care represents our largest profession. We offer a team
that devotes 100 percent of its time to serving health care
providers. Approximately 150 people, including more than
50 principals, exclusively serve health care organizations.
Our practice is organized around the needs of our hospital,
health system, medical group, senior living, home care, and
physician clients. Please contact Denny Schleper at
(813) 286-2477 or e-mail him at dschleper@larsonallen.com. For more
information about LarsonAllen LLP please go to their Web site
at www.larsonallen.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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| 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
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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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