September 27, 2007 Volume 14 #41
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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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FAHSA Among Groups Weighing In On Sales Tax Reform - Exemptions and exclusions to the state sales tax were the subject of debate last week at a public hearing held by the Taxation and Budget Reform Commission (TBRC) in Jacksonville. This debate is very relevant for FAHSA members since a tax on services could result in a six or seven percent increase in the cost of long-term care and personal services.

Concerned citizens, all of whom appeared to be well prepped for the hearing by their various associations or interest groups, spoke alternatively for and against a mandatory sun setting or review of existing exemptions and exclusions. Testimony specifically centered on the exclusion of sales tax on services. Individuals wishing to retain the exclusion argued that the implementation of a services tax would negatively affect small businesses, which lack the resources to handle the accounting work that would be required in order to collect and report the tax. Proponents of removing the exclusion, however, argued that the consumption-based tax would apply more fairly to all Floridians and obviate the need for increases in property taxes. Immediately after the hearing, FAHSA staff prepared a letter to commissioners pointing out the adverse consequences of a broad tax on services on frail seniors and disabled persons. We also had our first meeting with a commissioner this week to share our concerns. As public hearings continue across the state, it is likely that the focus will remain on whether or not the TBRC should call for a review of sales tax exemptions and exclusions or the imposition of a services tax.

The concerns expressed by the public were echoed by presenters' at the most recent meeting of the Sales Tax Base Workgroup of the TBRC. Dominic Calabro, President and CEO of Florida Taxwatch, explained that while there is a need to modernize Florida's tax base, no state has been successful in implementing a widespread sales tax on services due to the complexity of the concept. Mr. Calabro indicated that, after adjusting for the exemption categories of structural, life's necessities, and economic development purposes, Taxwatch had identified between 125 and 150 exemptions that could be reviewed to determine the justification for such exemptions. Taxwatch is not proposing that such a review be performed through constitutional action, but that the group would like to see a statutory framework for such a review to be performed by the legislature.

Richard Shlafer, representing the Florida Institute of Certified Public Accountants, addressed the workgroup about lessons learned from the implementation of the 1987 sales tax on services, which he described as "an administrative nightmare" especially for small business owners. Barney Bishop, President and CEO of Associated Industries of Florida, also spoke to the group about issues related to implementation of sales tax exemptions on Florida business, emphasizing that issues related to the current economy indicate that now is not the best time to make radical structural changes in tax policy. He noted that every exemption should be presumed to be justified unless proven not to be, and in the event that an exemption cannot be justified, government should work with industry to find a reasonable way to tax the item and help the business to remain competitive.

For the full summary of the September 17 workgroup meeting and the comments of Bishop and other presenters, including representatives from the Florida Chapter of the National Federation of Independent Businesses, please visit the TBRC Web site.


Education News


Sign Up Now For The QIS Training - FAHSA has planned several QIS trainings beginning next week (October 2) at Joseph L. Morse Geriatric Center in West Palm Beach. Cynthia Pearse (Social Work Consultants of Florida) and Carmen Shell (Joseph L. Morse Geriatric Center, Inc.), both accredited QIS trainers and several FAHSA members will be the featured presenters and will be providing comprehensive training materials and guidelines on the survey process. We would like to ask you make plans to attend this training with several of your staff, including your MDS Coordinator. The training will be held from 9:00 a.m. to 4:00 p.m. Please register online by clicking here.

More than 425 new QIS surveys have already taken place in Florida and the rollout dates for the state are listed below:

  • Jacksonville and Tallahassee areas - survey training completed by November 2008
  • Alachua and Miami areas - survey training completed by January 2008
  • Orlando and Ft. Myers - survey training completed by February 2008
  • Delray, Tampa and St. Pete - survey training completed by July 2008

This training is too important to miss. Communities will need this training as soon as possible.

NPI Registry and Training Package Now Available - The National Provider Identifier (NPI) registry and downloadable file of the registry are now available for you to use. Finally, the Centers for Medicare and Medicaid Services (CMS) developed a tr aining package that describes how CMS will ensure that National Plan and Provider Enumeration System (NPPES) data is available and the data that they are disclosing.

Have a Computer Lab? Use it to Help Seniors in Your Community With Medicare - The National Council on Aging (NCOA) recently launched the "My Medicare Matters" Navigator pilot project to help people with Medicare to learn more about Medicare, Part D and computers at organizations like yours. Organizations that participate will receive training and technical assistance.

Visit http://www.mymedicarematters.com to start your organization's application.

Upcoming Workshops:

  • October 2 -- QIS Training, Joseph L. Morse Geriatric Center, West Palm Beach
  • October 5 -- QIS Training, Fleet Landing, Jacksonville, FL
  • October 9 & 10 -- Board of Trustees Meeting, Orlando, FL
  • November 15 - FAHSA's Maintenance Workshop, Holiday Inn, Orlando, FL
  • January 15 & 16, 2008 -- FAHSA's Dynamic Directions Advanced Nurse Leadership Workshop, Safety Harbor


General News


Court Rejects Ballot Language for Proposed Property Tax Amendment - Florida's Second Circuit Court issued an opinion Monday declaring that the ballot summary for the legislature's proposed constitutional amendment regarding "Save Our Homes" and homestead property taxes is "misleading and inaccurate", and barring placement of the language on the ballot for the special election scheduled for January 29, 2008.

The court stated that the language failed to inform voters that the right to the Save Our Homes protection would be lost under the proposed amendment to anyone not entitled to a homestead exemption at the time the provision went into effect and anyone who sells or conveys title to the homestead after the effective date. The court stated that "nowhere in the ballot summary is the voter alerted to the elimination of these constitutional protections on homestead assessments. They are simply led to believe that they are preserved or revised."

Senate President Ken Pruitt sent a letter Wednesday to all Senate members, saying that he intends to appeal the circuit court's decision. House Speaker Marco Rubio hinted that the language in the amendment could be change during the upcoming special session.

AHCA Announces Reduction for Level 2 Background Screening - The Agency for Health Care Administration (AHCA) reports that the fees for Level 2 screenings will be reduced due to the efficiencies in submitting fingerprint cards electronically. The new fee will be $42.25 per fingerprint card effective October 1, 2007. The fees were $47.00.

Level 2 Criminal History - consists of a search of the FDLE and the Federal Bureau of Investigations (FBI) databases for any criminal arrest information both state and nationally. The cost of this search is $47.00. The Agency may only process Level 2 screening requests as required by law. If you have questions regarding screening requirements please go to the AHCA Web site.

NIA Offers New Spanish-Language Web site - Accurate, up-to-date information on health issues affecting Hispanic seniors is now available online in Spanish from the National Institute on Aging (NIA), part of the National Institutes of Health. The user- friendly Web site has information on a wide range of health topics, including diseases such as Alzheimer's, cancer and diabetes, which can be reprinted for the Spanish-speaking individuals served by your organization.


Housing News


Section 202 Bill Adopted by Congressional Committee -- A bill, sponsored by Congressman Tim Mahoney and cosponsored by Congresswoman Brown-Waite, to make it easier to develop and preserve federally supported housing for low-income elderly residents was unanimously adopted by a congressional committee today. The bill would streamline the administrative process used in approving federal Section 202 housing projects; make it easier for nonprofit organizations such a religious groups to obtain outside funding; revise the system of rental assistance to cover emergencies such as spikes in utility costs; and allow property owners to obtain renovation loans without having to significantly increase rents.

"The housing crisis for our seniors is severe and this bill is a step in the right direction in giving our seniors the security they deserve," Mahoney said just before the bill was approved by the House Financial Services Committee.

Rep. Barney Frank, D-Mass., the committee chairman, said the bill would make it easier for faith-based organizations to participate in the low-income elderly housing market.

A 2002 report commissioned by Congress predicted that 730,000 additional rent-assisted housing units would be needed for low income people 65 and older by 2020. A recent report by AARP estimated there are 10 elderly people waiting for every Section 202 unit that becomes available.

The bill is expected to be considered by the full House within the next few weeks.

Other Housing News:

  • FAHSA's HCBS, HUD and Service Coordinator Workshops Successful
  • HUD Releases 2008 List of Difficult Development Areas
  • HUD Proposes Update of Environmental Regulation
  • Fannie Mae and Freddie Mac's Capacities for Multifamily Financing are Increased
  • Join the Florida Homeless Coalition's Board of Directors
  • More on the HAP Payment Shortfall
  • List of Basic HUD Handbooks for Maximum Management
  • Energy Training Web cast Available
  • Comments Needed on HUD's Energy Assessment and New Form 9614
  • SAVE System
  • TRACS SSI Discontinuation
  • FHFC Comments on Future of Affordable Housing
  • Question of the Week


Home and Community-Based Services News


Inaugural HCBS Workshop a Success - At FAHSA's first Home and Community-Based Services Workshop, held last week in Jacksonville, nearly seventy participants learned about risk management, caregiver issues, and home safety. Attendees also participated in a dynamic roundtable session, which focused on barriers to accessing services for residents. Top barriers identified included funding, transportation and knowledge of available services. FAHSA would like to thank presenters Brian Bursa, Jeanette Brownstein and Dena Howard, as well as Margaret Lynn Duggar, who presented an excellent overview of community services, funding programs, and mechanisms through which services may be accessed to roundtable participants.

Care Giving in Rural America - The National Alliance for Care giving and Easter Seals have produced a report, Care giving in Rural America, to bring to light and support the demand to address the ever-increasing numbers and unmet needs of rural caregivers.

Care Giving in Rural America includes:

  • A brief description of the state of care giving in the United States;
  • An overview of rural care giving in the United States that highlights both similarities and differences between rural care giving and that in urban and suburban settings;
  • Profiles of rural caregivers meeting care giving challenges head on;
  • A Call to Action! Next steps to address specific rural care giving needs;
  • Examples of programs in place to serve rural caregivers; and
  • References and resources.

To download the report, visit www.easterseals.c om .


Legislative News


Three Percent Medicaid Cut Recommended for Nursing Homes -- This week, legislative committee meetings were held to develop recommendations for the upcoming special session on the budget which begins on October 3. The House and the Senate are both recommending a 3 percent reduction in the Medicaid nursing home budget ($37 Million) effective January 1. The $110 Million over- estimation in projected expenditures for nursing homes for FY 2007-08 was used to offset deeper cuts. If the cuts are adopted by the legislature, it is our hope that AHCA will be given the discretion to work with provider groups to determine where and how nursing home reimbursement will be affected.

Next Wednesday, affected parties will have the opportunity to testify about the recommended budget reductions. The budget committees will vote on the recommendations the next day, with a vote on the House and Senate floor schedule for Friday, October 5. The week of the 8th will be used to reconcile differences between the two chambers with the goal of passing a budget bill by October 12.


Nursing Home News


Survey Tips - Please share your survey experience with the FAHSA staff so we can pass helpful information on to other members. Below are a few tips from a recent survey on the southwest coast.

  • Be sure that all staff is aware of your policies and procedures on abuse detection and reporting and that proper steps are taken to report the alleged incident, particularly when it occurs late Friday or over the weekend.
  • Verify that medications such as nasal spray and inhalers are given pursuant to manufacturer's recommendations.
  • Develop a system to double check that over-the- phone physician orders and changes in orders are documented.
  • Be sure that annual internal and external disaster drills are held. The best time to hold the drills is in the spring, prior to hurricane season.
  • If a resident is having difficulty using a sit to stand lift, explore other options such as a full body sling lift.

CMS Satellite Broadcast: Mental Illness in Nursing Homes - On Friday, September 28, 2007, CMS will air via satellite broadcast. "Mental Illness in Nursing Homes." This broadcast is Mandatory for Nursing Home surveyors.

These documents will be located at the CMS Survey and Certification Online Course Delivery System Web site.

If you require any assistance with any of the trainings and materials located at the Web site, send correspondence to cmse learning@altruistmedia.com .

Court Finds Nursing Home's 'Custodial' Care Ineligible for Reimbursement - The U.S. District Court for the Eastern District of Wisconsin recently found that a nursing home is not entitled to reimbursement for the services it provided to a resident, because the care was later deemed medically unnecessary.

While the judge did find that the resident's care involved some medical monitoring that had to be performed by people with medical training, it held that the nursing home was primarily assisting her with activities of daily living that could be carried out by nonmedical personnel. Therefore, the 228-bed nursing home was not entitled to reimbursement under the self-insured health plan.

The resident was admitted for low blood sugar and seizures related to congestive heart failure, vascular disease and insulin-dependent diabetes. At that time, both the nursing home and the plan agreed that the admission was medically necessary under the plan, but after a month in the nursing home the plan found that the care she was receiving was not covered under the plan. While this decision does not set binding precedent for Florida courts, it is possible that the findings may be looked to as guidance by both federal and state courts having jurisdiction in Florida.


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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Florida Association of Homes and Services for the Aging | 1812 Riggins Rd | Tallahassee | FL | 32308