Tips for Reading the FAHSA Link
Welcome to this edition of the FAHSA Link.
Please note that news topics are highlighted in a brief paragraph or
two. To read the complete document related to a specific member
type, click on the link directly following the article (which will
take you to the Alerts Page for ALFs, CCRCs, HUDs, General, or
Nursing Homes) and then click on the latest ALERT. Please remember
that last year, the FAHSA Board of Trustees made the decision that
your membership dues will entitle you to access only those Web pages
that relate to the membership type your dues cover. That is, if you
pay dues for nursing home beds only then will you be able to access
all general membership and nursing home-related Web pages, but you
will be unable to access housing, ALF or CCRC topics. Suggestions/Comments
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Constitutionality of Save Our Homes Facing Challenge
-- A lawsuit filed this year by Alabama residents owning
vacation homes in the Florida Panhandle challenges the
constitutionality of Florida's existing "Save Our Homes" tax
benefit, claiming that it violates several rights under the
U.S. Constitution by affording preferential treatment to
Florida residents. Save Our Homes will remain available to
existing homeowners regardless of whether voters approve the
legislature's property tax cut plan in January, and could be
subject to further suits based on language proposed by the
legislature that may be amended to the Florida Constitution if
approved by voters in January.
The "Save Our Homes" Amendment to the Florida Constitution,
adopted in 1995, caps increases in tax assessments on
homestead properties at the lower of 3 percent per year or the
inflation rate. Save Our Homes was a subject of controversy in
this year's property tax reform debate because it is
considered by many to unfairly pass the burden of funding
local government services to unprotected property owners,
including business owners and owners of non- homestead
investment or vacation homes. According to complaints filed in
the lawsuit, homesteaded property is under-assessed by an
average of 48 percent, and the cap diverted nearly $9 billion
in taxes from homesteaders to non-homestead property owners
over the last five fiscal years. The plaintiffs are seeking
class action status.
The suit claims that Save Our Homes is 'clearly intended to
provide revenue for the State of Florida at the expense of the
thousands of non-resident homeowners.' County tax records show
that the plaintiffs paid double to triple the amount in taxes
that were paid by neighbors owning similarly-valued homestead
property. The lawsuit names various Walton and Okaloosa
governmental entities and officials as defendants, along with
Department of Revenue Executive Director Jim Zingale.
The suit claims that Save Our Homes violates the equal
protection clause of the U.S. Constitution, along with the
dormant commerce clause, which prevents taxes from interfering
with interstate commerce, and the privileges and immunities
clause, which guarantees citizens of every state the same
privileges as residents of any state they visit. The most
significant and sturdy grounds for the case, however, is the
claim that Save Our Homes violates the constitutional right to
travel among the states. The attorney for the plaintiffs
argues that nonresidents are financially discouraged from
traveling to Florida and purchasing a home because of the
immensely disparate tax treatment that they would
receive.
In their motions for dismissal of the suit, attorneys
for the defendants cite a previous challenge to Florida's
homestead exemption, which was dismissed by the 1st District
Court of Appeal in 2000. The previous case did not challenge
the 3 percent cap but did challenge the flat $25,000 exemption
for Florida residents' primary homes. The court said that the
benefit applies to all people equally, is supported by a valid
state purpose, and does not put out-of-state vacation property
owners in any worse position than a Floridian who owns
vacation property within the state. However, the "right to
travel" argument has been successful in similarly-situated
cases throughout the country, including cases challenging
waiting periods for new residents to access state welfare
benefits and disparate taxation for new residents. Based on
these precedents, Save Our Homes has long been considered
constitutionally questionable by legal analysts.
It was partially in recognition of the inequities caused by
Save Our Homes that the legislature attempted to change
Florida's property tax structure in last month's special
legislative session. The final legislation and proposed
constitutional amendment, however, will not get rid of Save
Our Homes. Instead, many homeowners will be able to choose to
keep their benefits under the original amendment. During the
special session, it was clear that the legislature was aware
that more legal challenges might arise. Floor debate centered
on the constitutionality of creating measures such as
portability for Save Our Homes benefits, which was rejected by
lawmakers based in part on the possibility that a court would
order retroactive relief to homeowners who had been previously
denied portability.
A legal analysis distributed by a South Florida law firm
after the special session anticipates legal problems with the
constitutional language that will appear on the ballot in
January, should it be approved by voters. Future challenges
could be brought on the grounds that a two-class property tax
system, consisting of those who keep their Save Our Homes cap
and those with the super-exemption, violates the equal
protection clause. The existing lawsuit will likely be amended
to reflect post-January circumstances. Even if the proposed
constitutional amendment passes, the plaintiff's lawyer
asserts that the option of maintaining existing Save Our Homes
benefits keeps the case valid.
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| ALF News |
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Elopement Prevention Survey Results -- Our
survey last week confirmed the difficulty of creating an
open and safe environment for residents with dementia
who are active and who may be at-risk of elopement. The
most fool-proof solution appears to be a secure unit,
which some ALFs and nursing homes have avoided because
of the stigma it creates. Monitoring devices work if
residents don't remove them or refuse to wear them. If a
facility does not have a secure unit and the monitoring
devices are not working, the only option may be to
discharge the person or facilitate a transfer to an ALF
or nursing home that has a secure unit.
We did get some helpful ideas from survey respondents
that we would like to share:
A few members said that they place residents at risk
of elopement on an "every 15 minute watch". All staff,
including maintenance and groundskeepers, is alerted,
and residents' photos are posted at the reception desk
and security gate. All exterior doors are alarmed to
alert staff when opened. The members using this system
stressed the importance of elopement drills involving
all staff. Documentation showing that these drills are
conducted is required by law.
Most members use Wanderguard or other access- control
monitoring devices. The Secure Code Advantage 1000 DE
delayed-egress system locks when a wandering resident
approaches, then unlocks again when he or she leaves the
area. Personnel can be notified through a silent alert
sent to stations, computers or pagers. Doors can be
locked during preprogrammed hours and signal if
unauthorized exit or entry occurs. In case of
emergencies, the control panel can be tied in to the
fire alarm to allow the doors to open. The system also
has an anti-tailgate feature that resets the device once
a staff member goes through a door, so that a resident
can't follow behind. A similar system, Code Alert, is
used in one of our member communities but, like
Wanderguard, both systems require residents to wear
devices that communicate with receptors. Other
communities rely on GPS locator networks that can find a
resident once the elopement is discovered. These systems
also require the use of bracelets or other jewelry. Some
systems use devices that closely resemble watches (such
as the HomeFree Elite Personal Watcher), in hopes of
minimizing residents' inclination to remove them. Some
respondents said that residents removed the GPS locator
devices less often because they come in bracelets and
pendants that more closely resemble jewelry. Information
on the Wanderers ID Program can be found at
www.alzheimersfamily.org.
Two members suggested ways to keep residents from
refusing or removing the devices.
1. We have one
resident carry the bracelet in his pocket, and staff
checks every time they see him to make sure he has it.
He is one who gets up every morning, dresses, and puts
various things in his pocket, so he has done very well
with it. Certainly not a sure-fire solution, but it is
worth a try.
2. We attach the bracelets to
wheelchairs or walkers. If the resident at risk is a
lady who carries a purse, it is put in the purse or on
the strap.
The most common responses, however, indicated that
communities either have a secure wing for residents at
risk of elopement, do not admit such residents, or
maintain a policy of discharging any such resident who
refused to wear or removes the monitoring device. One
member said that systems like Wanderguard are only
reliable as a back-up to a secure wing. Another stated
that such systems work well for confused SNF residents
who may wander off the unit, but are not ideal for
residents who are purposeful in their wandering, i.e.
those who are looking for their car, a family member,
home, etc. The member said that "if a resident is
looking for something, he/she will continue to do so"
and likely needs to be in a secured setting until that
pattern of behavior ceases to exist.
Four FAHSA affiliate members offer Security /
Emergency Monitoring Systems. Three will have displays
at FAHSA's Exposition at this year's Convention. To
visit these companies and learn more about what they
have to offer, just locate their booths on our online Exposition
Floor Plan. Information for all four can be found in
FAHSA's Membership Directory.
- Tel-Tron Technologies Corporation
- Philips Lifeline (booth 127)
- Protect-Alert Emergency Response Systems, Inc.
(booth 100)
- Pinnacle Communications (booth 229)
A representative from Pinnacle Communications
responded to our call for suggestions last week and
recommended an intelligent camera, which would be able
to pick up pre-designated motions and send notifications
via voice, SMPT, XML, and e-mail.
Please
remember that any system or device used to prevent
elopement or to locate residents that have eloped must
follow the NFPA Life Safety Code. When in doubt, contact
the AHCA Office of Plans and Construction at (850)
487-0713.
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| CCRC/Retirement Community
News |
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Elopement Prevention Survey
Results - Please see the ALF section of this week's
LINK, above.
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| District/Membership News
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Mt. Carmel Gardens Celebrate
35 Years of Providing Affordable Housing -- Last
week, the staff and residents of Mt. Carmel Gardens
Apartments in Jacksonville celebrated 35 years of
providing affordable housing. Mt. Carmel received many
accolades, including a proclamation from the Mayor's
office announcing "Mt. Carmel Day", an award from the
Statewide Advocacy Council and a proclamation from
Governor Crist. To read the proclamation and the rest of
the article, please click on the Housing News section
below.
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| Education News |
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MOR and Budget Trainings Successful -
FAHSA would like to extend a special thank you to the
Stanley Axlrod UTD Towers in Miami, College Park Towers
in Orlando and Hurley Manor in Jacksonville, for hosting
the recent training events in their facilities. We would
also like to thank the presenters, Charee Russell from
SPM, Inc. and Shawn Steen and other staff from the North
Tampa Housing Development Corporation, who did an
outstanding job explaining the MOR and budget process.
Don't Wait -- Register Now for FAHSA's Annual
Convention - If you are not yet registered for
FAHSA's Annual Convention, to be held July 29 - August 2
at the Rosen Shingle Creek in Orlando, now is the time
to sign up. Don't miss this amazing event, filled with
some of the best educational programming in the state
featuring well-known experts in the fields of retirement
housing and long -term care; opportunities to network
with colleagues and friends; and demonstrations of the
latest and greatest technological innovations during
FAHSA's Exposition. Sign your staff up for continuing
education credits and send your board members for
important leadership training that can improve
efficiency and effectiveness within your community. In
addition to our general and leadership sessions, special
tracks are available for Activity Professionals,
Clinical Professionals, Housing and Service Coordinator
Professionals, and Home and Community-based Services
providers. We look forward to seeing you there!
Upcoming Workshops:
- July 29 -- FAHSA's Preceptors Training
Program, Rosen Shingle Creek, Orlando, FL
- July 29 -- FAHSA's Strategic Visioning
Workshop, Rosen Shingle Creek, Orlando, FL
- July 29 & 30 - FAHSA's Two Day
Leadership Intensive: A New leadership Framework for
Aging Services, Rosen Shingle Creek, Orlando, FL
- July 29--August 2 -- FAHSA's 44th Annual
Convention and Exposition, Rosen Shingle Creek,
Orlando, FL
- September 18 & 19 -- FAHSA's Home
and Community-Based Services Workshop, Wyndham
Jacksonville Riverwalk, Jacksonville
- September 19 & 20 -- FAHSA's Annual
HUD and Service Coordinator Workshop, Wyndham
Jacksonville Riverwalk, Jacksonville
- October 3 & 4 -- FAHSA's Dynamic
Directions Advanced Nurse Leadership Workshop,
Safety Harbor
- November 15 - FAHSA's Maintenance
Workshop, Holiday Inn, Orlando, FL
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| General News |
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Governor Asks State Agencies to Plan for 10
Percent Budget Cut - During the regular Legislative
Session, which ended on May 4, the Florida Legislature
passed a $71 billion budget for fiscal year 2007-08. Now
there is talk of a special session in September or
October to review the budget in light of the sluggish
economy and a sharp dip in revenue collection. The
shortfall could be as much as $1.2 billion -- $400
million for the current fiscal year and $800 million for
the next. To avoid a crisis, Governor Crist asked agency
heads last week to draw up plans to cut their budgets by
10 percent. Crist also announced that he plans to
withhold more than $700 million that state agencies were
slated to receive on July 1 for the first quarter of the
new fiscal year. This decision alone should slow the
rate of spending by 1 percent.
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| Housing News |
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Section 202 Bill Introduced to Improve
Development and Preservation -- On Thursday, June
28, Congressman Tim Mahoney (D-Florida, 16th) introduced
H.R. 2930, the Section 202 Supportive Housing for the
Elderly Act of 2007, to improve development, operation
and preservation of affordable supportive elderly
housing. The legislation makes significant changes to
the program to address the complicated, duplicative and
time-consuming processing of new development, mixed
financing and refinancing deals aimed at preserving
older Section 202 properties.
Many housing experts have long argued that HUD has
the authority to make a number of the changes outlined
in the bill to streamline the program and increase
development, but have faced contradictory policies with
the practical effect of making deals more difficult. The
bill also includes provisions to address extraordinary
cost increases, preserve older Section 202 properties
that do not currently have rental assistance, and make
the Section 202 Assisted Living Conversion Program more
feasible.
Other Housing News:
- Mt. Carmel Celebrates 35 Years of Affordable
Housing
- MOR and Budget Trainings HUGE Success
- USDA Grant Funds Available for Training Programs,
But Not Generators
- Sadowski Coalition Asks Governor for Assistance
- Put your Parking Charges into your next Rent
Increase
- Weekend Reading: Affordable Housing -- Report from
Congress
- FAHSA's Vacancy Report
- Question of the Week: Reminder Notices
- FASS Changes Over Systems
- HUD Releases FY 2007 Allocations
- Truncated SSN on Credit Reports
- New HUD Forms Available on HUD Clips Web site
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| Nursing Home News
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Elopement Prevention Survey Results -
Please see the ALF section of this week's LINK, above.
CMS Proposes Fees for Inspector 'Revisits'
- A CMS Notice of Proposed Rule Making (NPRM) on the
Establishment of a Revisit User Fee Program for Medicare
Survey and Certification Activities was published in the
June 29, 2007 edition of the Federal Register. AAHSA is
opposing the proposal, which would penalize health care
facilities financially for revisits by facility
inspectors. The proposed regulation would allow CMS to
impose user fees for the survey and certification of
healthcare facilities that require a revisit from the
State survey agency to confirm the correction of
deficiencies cited during initial certification,
recertification, and substantial compliance surveys.
Comments on the NPRM will be accepted through the close
of business on August 27, 2007. Please see the latest
Nursing Home Alert, NH 07-18, for details.
Other Nursing Home News:
- Governor Vetoes Bill Modifying Nursing Home
Regulations
- Report From the Florida Board of Nursing Home
Administrators
- GAO Report on Improving Targeting and Evaluation
of Assistance by QIOs
- OIG Report Targets Low-Performing Nursing Homes
- CDC Revised Guidelines for Isolation Precautions:
Preventing Transmission of Infectious Agents in Health
Care Settings
- CMS Physician Fee Schedule Posted
- CMS to Host Physician Quality Reporting Initiative
(PQRI) Sessions
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| Preferred Business Associate
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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.
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| JobMart |
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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 it to
jcopeland@fahsa.org
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