October 18, 2007 Volume 14 #44
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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.

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Public Policy Committees Begin Formulating Priorities for 2008 Session- FAHSA's Public Policy Committees met last week to begin formulating positions on emerging issues that are likely to be addressed by the Florida Legislature in 2008 or, in the case of tax reform, possibly before the end of the year. Because of the sales and property tax exemptions and exclusions applicable to homes for the aged, the

The following public policy priorities are preliminary and, with member input, will be refined and expanded in the months ahead:

Sales Tax Reform - Sales tax exemptions and exclusions should not be repealed automatically. An extraordinary vote of the Legislature should be required to repeal an existing exemption or create a sales tax on a specific service. FAHSA members provide long-term care and personal care services to elder persons, most of who are over the age of 80. These services do not fall under the definition of "health care," but they are just as important. Long- term care and personal services are not included among the services that would be exempt from review under the proposed constitutional amendment on sales tax reform that was filed with the Secretary of State. This message was communicated in a letter to each member of the Florida Taxation and Budget Commission on October 2, 2007. For a copy of the letter, please click here. The Florida Life Care Residents Association plans to send a similar message. In the weeks ahead, we will be asking all FAHSA members to contact Commission members and legislators to remind them of the importance of exempting long-term care and personal care services and well as monthly fees and entrance fees from the state sales tax. The Commission, a constitutionally- mandated body that convenes every ten years, is charged with making recommendations to the Legislature regarding potential tax reforms. The Commission also has the authority to place constitutional amendment proposals related to taxation directly on the ballot for voter approval.

Background Checks for ALF Staff - The Legislature should require background checks for all ALF staff. Currently, background checks are required only for administration and direct care workers in Assisted Living Facilities. FAHSA supports extending this requirement to all ALF employees. However, FAHSA does not support a proposal by the state Ombudsman that would require background checks for all contractors working on an ALF campus. Such a mandate would create an unreasonable burden for ALFs, as the requirement would extend even to temporary workers, such as plumbers, painters and other repairmen, who have no contact with residents.

Nursing Home Reimbursement - If revenue projections continue to decline, additional budget cuts proposed for nursing homes must be accompanied by a relaxation in regulatory mandates. More than 70 % of nursing home expenditures are care related. Consequently, there is little to cut without affecting the quality of resident care and life. It is unfair to cost shift to private pay residents who are already who are already subsidizing the cost of care for Medicaid recipients who live in their nursing home. In addition, providers must have sufficient resources to recruit and compensate qualified staff. Staff will move on if benefits are reduced. FAHSA members must continue to educate lawmakers about the importance of adequate reimbursement.

HIV/AIDS Continuing Education - The Legislature should support legislation (HB 135 by Rep. Joyce Cusack) to correct inconsistencies in law related to HIV/AIDS educational requirements for health care professionals, regardless of the setting in which they work. In 2006, a bill passed that eliminated the biennial educational update on HIV/AIDS as a requirement of relicensure for all licensed health care professionals. The change was inconsistent with HIV/AIDS continuing educational requirements in another section of law requiring employees of long-term care facilities, home health agencies and hospitals to complete HIV/AIDS biennial coursework. At FAHSA's request, Representative Joyce Cusack and Senator Gwen Margolis have agreed to sponsor bills to address this issue in 2008.

ALF Transfer/Discharge Appeal Rights - The transfer/discharge appeal process in effect for nursing homes is not appropriate for ALFs. The State Long-term Care Ombudsman Office is pursuing legislation to create a transfer/discharge appeal process for ALFs that is identical to what is in effect for nursing homes. Unlike nursing homes, ALFs are predominantly private pay, and the type, scope and duration of services that are offered vary greatly. Under current law, ALF residents must be given 45 days notice in advance of a transfer or discharge. A lengthy appeals process could make it more difficult for ALFs to transfer or discharge residents who need more care than the ALF is capable of providing. No one wants to move to a nursing home, but there are times when it is the most appropriate level of care.

Home Health Agencies - A moratorium on the issuance of home health agency licenses is not an appropriate solution to combat Medicare fraud. Various state and federal agencies have documented wide-spread Medicare fraud within the home health industry nationwide. Florida tops the list. For this reason, the Legislature, AHCA, and Associated Home Health Industries of Florida have begun exploring possible solution, including a two-year moratorium on the issuance of licenses for new home health agencies. The stated policy objective behind a possible moratorium is to give state agencies an opportunity to detect and take action against dishonest providers. Approximately 75 FAHSA members are retirement communities that offer residents a continuum of care and services ranging from independent living to nursing home care. A moratorium on the licensure of new home health agencies would unfairly limit these high quality providers from developing home health services.

Person-Centered Care/Culture Change in Nursing Homes - The Legislature should direct the Agency for Health Care Administration to provide guidance, training and best practices to providers that want to change the culture of nursing home care. A movement is underway nationally to encourage nursing homes to move away from the institutional model toward an environment that encourages greater control by residents of their care and life - more choices. In some states, providers are building nursing homes that consist of small buildings housing no more than 10 residents, each of whom has a private room and shares in activities that occur in common areas. Because the regulatory system for nursing homes is very stringent in Florida, most providers are fearful of making changes that could put them at risk of deficiencies. There is no incentive to be creative.

Affordable Housing Trust Fund - The Legislature should remove the cap on spending for the Affordable Housing Trust Fund. The 2005 Florida Legislature placed a cap of $243 million per year on trust fund expenditures. This is less funding authority than the programs received in 2002. The cap, which took effect on July 1, 2007, limits the number of projects that the Florida Housing Finance Corporation may approve annually for affordable housing. Since affordable housing is a major problem in Florida, particularly for service and health care employees, below market rate financing that developers can access through Florida Housing Finance is more important than ever.


Education News

Don't Miss the Final Opportunity to Participate in the Last of a Series of FAHSA Workshops on the New Quality Indicator Survey (QIS) - 6 contact hours - Be sure that you and your staff attend FAHSA's valuable training on the new Quality Indicator Survey (QIS). You will learn how the new survey process relates to residents, family, and staff, resident observations, record reviews, and the analysis of Minimum Data Set (MDS) data. You will also learn about the survey pathways that address assessment, care planning, care provision and reassessment. The final training opportunity is scheduled for November 7 in Bradenton. Don't assume that you staff can prepare for the QIS in a couple of weeks. It will take time to make the transition. NOW is the time to train your nurse leaders and MDS coordinators so they can begin the process.

During the training, Cindy Pearse, Nursing Home Quality Accredited QIS Instructor; Carmen Shell, VP of Nursing, Morse Geriatric; and several FAHSA members who participated in training at the Agency for Health Care Administration will present the latest information and resources available on the QIS. Our trainers will provide tools to prepare for the new survey process including the protocols, the forms and the applications. This training is a must for Administrators, Assistant Administrators, DONs, ADONs, Risk Managers, MDS Coordinators, and Staff Development Directors. Please visit the Calendar of Events page of FAHSA website to download a registration form or register online.

Upcoming Workshops:

  • October 5 - QIS Training, Fleet Landing, Atlantic Beach
  • October 9-10 - Board of Trustees Meeting, Orlando
  • November 7 - QIS Training, Westminster Bradenton Shores, Bradenton
  • 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


General News

CMS Announces Medicare Premiums, Deductibles for 2008 - The standard Medicare Part B monthly premium will be $96.40 in 2008, an increase of $2.90, or 3.1 percent, from the $93.50 Part B premium for 2007. The 2008 amount is the smallest percentage increase in the Part B premium since 2001 and is $2.10 less than the premium increase for 2007.

The 2008 Part B premium of $96.40 is equal to the amount projected in the 2007 Medicare Trustees Report issued in April. This monthly premium paid by beneficiaries enrolled in Medicare Part B covers physicians' services, outpatient hospital services, certain home health services, durable medical equipment, and other items. Several factors, including growth in areas of Medicare's fee-for- service, Medicare Advantage and Part B programs, account for the 3.1 percent increase in the premium.

To read more on this announcement, please access the Fact Sheet on the CMS Web site.

To read notices issued on display at the Federal Register, go to the Downloads Section of the CMS Web site.

AoA 2006 Older Population Estimates Available - The Administration on Aging (AoA) recently posted on its web site an Excel Workbook with the 2006 population estimates for the older population of each county in the US. The data was tabulated by AoA from the latest Census Bureau population estimates. Data on various age groups is presented. There is also a second workbook (in both zipped and unzipped formats) with more detailed data including race and ethnicity. AoA previously posted an Excel workbook with the 2006 state level population estimates.

These and other statistical resources may be found on the AoA web site.

AoA Launches Aging Integrated Database System - The Administration on Aging recently launched its online AGing Integrated Database (AGID) system. With AGID, users may generate tables from four key AoA funded surveys and AoA program information systems as well as data on population characteristics from the Census Bureau. The system allows users to produce customized tables in a step-by-step non- technical process and output the results in print or spreadsheet form. Users can also build customized state-level tables from multiple databases.

AGID may be accessed at: http://data.aoa.gov [Due to firewall issues, some users may need to use: http://www.data.aoa.go v]

AGID databases currently include:

AoA Databases:
State Program Reports (SPR) 2000-2004
Performance information on the supportive services programs and congregate and home delivered meals programs under Title III of the Older Americans Act.

National Ombudsman Reporting System (NORS) 2000-2005
National Survey of Participants in OAA Programs 2003-2005
Samples of program participants provide feedback on the services received and their own characteristics and needs. The surveys focus on consumer assessment of service quality and consumer-reported outcomes.

Census Databases:
American Community Survey (ACS) 2005-2006 -- Key Population Characteristics
Tables containing national and state level population estimates from the 2005 and 2006 American Community Surveys. Demographic characteristics are available for the 60+ and 65+ populations by sex, age groups, minority status, poverty, disability status, living arrangements and much more.

Population Estimates Data 2000-2006
Provides national and state level demographic characteristics from various Census Bureau files and tools including the Census 2000-2006 Population Estimates data and the American FactFinder system.


Housing News

Social Security Announces 2.3 Percent Benefit Increase for 2008-The Social Security Administration announced this week that monthly Social Security and Supplemental Security Income benefits for more than 54 million Americans will increase in 2008 to 2.3 percent. Other changes that take effect in January of each year are based on the increase in average wages. Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) will increase to $102,000 from $97,500. Of the estimated 164 million workers who will pay Social Security taxes in 2008, nearly 12 million will pay higher taxes as a result of the increase in the taxable maximum.


Home and Community-Based Services News

Medicare Announces Plans for Home Health Pay for Performance Demonstration - The Centers for Medicare & Medicaid Services (CMS) has announced plans for a home health pay-for-performance demonstration, which it has identified as an important step in its drive to become a more effective purchaser of quality healthcare. CMS will begin soliciting home health agencies for the project this fall with the actual demonstration performance period to begin January 1, 2008. The demonstration will operate for two years in seven states. Although Florida is not one of those states, the results of the demonstration could have an effect on Florida home health agencies (HHAs).

Under the demonstration, HHAs will be eligible to receive incentive payments if quality improvement efforts result in the highest performance levels or significant improvements in patient outcomes. The availability of incentive payments will depend on whether or not the demonstration results in improvements in the quality of care and the actual savings to the Medicare program overall - not just for home health services provided to the patients served under the demonstration. Seven quality measures from the existing Outcome-Based Quality Improvement (OBQI) set will be used to evaluate HHA performance.

The measures are:

  • Incidence of Acute Care Hospitalization
  • Incidence of Any Emergent Care
  • Improvement in Bathing
  • Improvement in Ambulation/Locomotion
  • Improvement in Transferring
  • Improvement in Status of Surgical Wounds
  • Improvement in Management of Oral Medications

Participating HHAs will be randomly assigned to either a study group or a control group. Those agencies assigned to the study group will have their patients' outcomes monitored over time. Agencies with the best patient outcomes among participants in their states, or with the highest degree of improvement relative to the previous year, will be eligible for incentive payments.

Additional information about the demonstration can be found on the CMS HHA webpage.


Legislative News

Property Tax Reform Package Remains Elusive - Although House and Senate Leaders expressed a great deal of confidence about their ability to agree on and pass a property tax reform package this week, as of today, proposals emerging from the two chambers still have a way to go before they can be reconciled. Senate leaders are sticking, with very few modifications, to the terms of the package laid out prior to the special session, which included doubling the $25,000 homestead exemption, making Save Our Homes assessment caps transferable and providing new homeowners a further 25-percent, one-time exemption. Leaders in the House, however, have moved away from the compromise, and are pushing for a package that proposed bigger property tax breaks accompanied by a sales tax increase. The House leadership proposal has forced lawmakers to re-commence negotiations, even as House democrats push for a third, more moderate package. The package that finally wins out will be subject to voter approval during the January 2008 elections. Early this morning, Speaker Rubio dismissed House members for the week, announcing that Senate President Ken Pruitt would not call the Senate back into session until next week. With several bills on today's special order calendar left unheard and a full weekend for legislators to continue filing amendments, a quick compromise remains unlikely.


Nursing Home News

AHCA MDS Bulletin: Broadband Connectivity Update - Broadband provides a high-speed internet connection for faster assessment submissions and report downloads. Start planning now to replace your old dial-up service with high- speed Broadband. The new AT&T Global Network Client version 7.0.2 will support either a high-speed broadband or dial-up connection. Florida remains scheduled for conversion next month. You will need to:

  1. Purchase an Internet Service Provider (ISP) business account.
  2. Share this Bulletin with your network personnel. Facilities accessing the Internet from internal networks may experience firewall issues. We have attached additional CMS information to this Bulletin. Please share this information with your network personnel NOW - PRIOR to November 2007. Essentially, this broadband doesn't support NAT addressing, so a separate IP address is needed. AT&T will address those needs as they occur during our conversion month.
  3. Download the new AT&T Global Network Client software and detailed instructions from https://www.qt so.com/mdcn.html

Providers may make the switch at any time but if they require assistance they will be served by the MDCN Help Desk 1-800-905-2069 beginning in November. CMS will provide dial-up connection until the end of the year but providers are encouraged to take advantage of the high speed connection as soon as they are able to make the switch.

MedWatch - The FDA Safety Information and Adverse Event Reporting Program - The following two MEDWATCH reports were released this week:

Sprint Fidelis defibrillation voluntary suspension
Medtronic's voluntarily suspended distribution of its Sprint Fidelis defibrillation leads because a small number of fractures have been detected. As a result, no more Sprint Fidelis leads will be sold or manufactured and any remaining product should be pulled from inventory and returned to the company.

While a defibrillator lead is slightly more prone to fracture, most leads will function well. In the infrequent circumstance where a lead actually breaks, or "fractures," the lead may send false signals that cause inappropriate defibrillator shocks, or therapies such as pacing or shocks may not be delivered.

Current adverse event information indicates that fractures have occurred in less than 1 percent of the approximately 268,000 of these leads implanted worldwide. Patients who are implanted with this lead are encouraged to contact their physicians for further information. Read the complete MedWatch 2007 Safety Summary, including a link to the FDA Statement and Consumer Questions and Answers.

Byetta (exenatide) may be related to acute pancreatitis FDA has reviewed 30 postmarketing reports of acute pancreatitis in patients taking Byetta (exenatide), a drug used to treat adults with type 2 diabetes. An association between Byetta and acute pancreatitis is suspected in some of these cases. Amylin Pharmaceuticals, Inc. has agreed to include information about acute pancreatitis in the PRECAUTIONS section of the product label.

Read the complete MedWatch 2007 Safety Summary online, including a link to Information for Healthcare Professionals.


Preferred Business Associate


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.


JobMart


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


 
Telephone: 850/671-3700
 
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Copyright 2007 -- 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. © 2007 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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