The Academy Weekly A publication of The Academy of Senior Health Sciences, Inc. ASHS Partners FRIDAY, NOVEMBER 30, 2012 HEADLINES: House and Senate leadership positions announced H.B. 567 to include IAF “rebasing”, wheelchair issue may also be in play during lame duck Independent IAF details outlined in latest language DODD portal to be down Friday What?! You are not a part of the ASHS Marketplace?! Don’t forget to nominate! Anti-psychotic event scheduled for Dec 17 OIG touts Medicare anti-fraud efforts for FY2012 Online Learning “Hand in Hand” FREE; CMS wants facilities to know training materials are free CMS Update House and Senate leadership positions announced – As the 129th General Assembly Join the conversation! sprints towards the finish, the members of their respective parties have lined-up the leadership roles for the 130th. There were no real surprises as Batchelder retains Speaker of the House and Faber is elected President of the Senate: House Majority: Bill Batchelder, Speaker; Matt Huffman, Speaker pro tem; Barbara Sears, Majority Leader; John Adams, Assistant Majority Leader; Cheryl Grossman, Majority Whip; and Jim Buchy, Assistant Majority Whip. House Minority: Armond Budish, Minority Leader; Matt Szollosi, Assistant Minority Leader; Tracy Heard, Minority Whip; and Debbie Phillips, Assistant Minority Whip. Senate Majority: Keith Faber, President; Chris Widener, President pro tempore; Tom Patton, Majority Leader; and Larry Obhof, Majority Whip. Senate Minority: Eric Kearney, Minority Leader; Joe Schiavoni, Assistant Minority Leader; Nina Turner, Minority Whip; and Edna Brown, Assistant Minority Whip. (Back to top). H.B. 567 to include IAF “rebasing”, wheelchair issue may also be in play during lame duck – The 129th General Assembly does not appear to be willing to fade into the history books. While some more controversial bills, such as the “heartbeat” bill, look to be punted to the 130th GA, numerous other bills are set to move through the chambers. One issue that is sure to land on the governor’s desk is an independent IAF process to “rebase” ICF-IID case mix scores. The current proposed language would have DODD or a third party perform the assessments for the first quarter of the calendar year. Providers would also have the option of an appeal and there would be a 10% stop loss on the change to a provider’s direct care rate (see separate Weekly article). DODD has been working with interested parties, including the Academy, on the language. Another issue that looks to be pinned on to S.B. 287 is the removal of wheelchair expenditures from the definition of direct care costs for skilled nursing facilities. The change would not impact SNF rates. The Academy will continue to monitor activity in the GA and keep you updated on any LTC issues. (Back to top). Independent IAF details outlined in latest language – The Department of Developmental Disabilities (DODD) has been working with interested parties on an independent IAF evaluation process to “rebase” ICF-IID case mix scores. The details of the proposal are all but completed as DODD looks to move language giving it the authority to do the independent evaluations. Besides providing the authorization to perform the evaluation the first quarter of CY2013, the proposed language does the following: − Allows a request for reconsideration within 15 days of receipt of the IAF results. No appeal allowed of the department’s findings. − Results will be used in rate-setting calculations as the first quarter case mix score for calendar year 2013 and as the average annual case-mix score for each intermediate care facility for calendar year 2012. − A facility’s FY2014 direct care rate cannot be reduced by more than 10 percent of their June 30, 2013 direct care rate. − For FY2015 rate setting, the results from the department’s IAF evaluation shall be used as the March 2013 results when calculating the average annual scores for CY2013. Please contact the Academy for more information. (Back to top). DODD portal to be down Friday – The Department Of Developmental Disabilities applications will be unavailable starting at 2:00 p.m. on Friday, November 30, 2012, for update and maintenance. Applications will be available again at 8:00 a.m. on Saturday, December 1, 2012. (Back to top). What?! You are not a part of the ASHS Marketplace?! – The ASHS Marketplace website is up and running, but you are not if your company’s banner is not posted! The ASHS Marketplace is part of member benefits for ASHS associate members and gives them the ability to be marketed statewide. So don’t dawdle…get up and running by posting your banner now! Contact the Academy for more details. (Back to top). Don’t forget to nominate! – Time is running out for facility members to submit their nominees for the 2013 elections. And we have made it easy to do. Just send an e-mail with the nominee’s name and contact info and you’re done! Contact the Academy if you have any questions. (Back to top). Anti-psychotic event scheduled for Dec 17 – The Ohio Department of Aging, Medical Assistance, Health and the State LTC Ombudsman Office will be hosting an anti-psychotic and dementia event on December 17, from 10 a.m. to noon at the State Library in Columbus. The current slate calls for speakers from CMS, Ohio KePro and the consultant pharmacist association. CMS will be providing context and inform attendees where the project is headed. The bulk of the time will be spent on resources that are available to providers and the quality improvement process. Can’t make it to Columbus? Don’t worry because the event will also be broadcasted as a webinar so you can obtain the information from the comfort of your desk chair. Information on webinar registration will be mailed within the next week and in the next addition of the Weekly. (Back to top). OIG touts Medicare anti-fraud efforts for FY2012 – HHS' Office of the Inspector General continued to increase the number of criminal cases and the amount of federal healthcare dollars it recovered. The OIG reports expected recoveries of $6.9 billion, with $923.8 million in audit receivables and $6 billion in investigative receivables. More information can be found in the Semiannual Report to Congress. (Back to top). “Hand in Hand” FREE; CMS wants facilities to know training materials are free – According to CMS, some facilities are returning the free training materials entitled “Hand in Hand.” In a notice issued to provider associations representing SNFs in Region V, CMS notes: “The Centers for Medicare & Medicaid Services (CMS) has been made aware that some nursing homes may be returning Hand in Hand because they believe they will be charged money to keep it.” The materials will be sent to every nursing home, CMS regional offices, and state survey agencies by January 2013. So if you get the training materials in the mail, don’t fret about any costs because it is being provided free of charge by CMS. (Back to top). CMS Update – The following information was provided by CMS: Survey and Certification Memos 13-03: Patient Safety Initiative FY 2013 Pilot Phase – Revised Draft Surveyor Worksheets (11/9/2012) The Centers for Medicare & Medicaid Services (CMS) is continuing to test revised surveyor worksheets for assessing compliance with three hospital Conditions of Participation (CoPs): Quality Assessment and Performance Improvement (QAPI), Infection Control, and Discharge Planning. CMS is focusing on compliance with these CoPs as a means to reduce hospital-acquired conditions (HACs), including healthcare associated infections (HAIs), and preventable readmissions. Via this memorandum, CMS is making the revised draft worksheets publicly available. As was the case previously, there may be additional revisions to the worksheets at the end of FY 2013. The memo and attachment one, two and three are available. New or Revised MLN Articles SE1237 – Importance of Preparing/Maintaining Legible Medical Records – New SE1244 – Medicare DMEPOS Competitive Bidding Program: Quick Reference Article – New Hospitals Information regarding the removal of measure OP-16 from the Hospital Outpatient Quality Reporting measure set: “Troponin results for Emergency Department acute myocardial infarction (AMI) patients or chest pain patients (with Probable Cardiac Chest Pain) received within 60 minutes of arrival.” The CMS memo is available. CLIA HR 6118, Taking Essential Steps for Testing Act of 2012, relating to Proficiency Testing Referral, has passed the house and the senate. It is awaiting President Obama’s signature. The bill: (1) Clarifies that sending (“referring”) a CLIA proficiency testing (PT) sample to another laboratory for analysis is prohibited despite the requirement that PT samples be treated like other specimens; (2) Gives the Secretary discretion as to whether to revoke a lab’s CLIA certificate for 1 year in case of a PT referral violation (replacing mandatory revocation); and (3) Gives the Secretary discretion to substitute intermediate sanctions in lieu of a mandatory 2-year ban on a lab’s owner/operator when the lab’s CLIA certificate is revoked for this reason. A copy of the bill is available. FDA recall of Alere Triage Diagnostic Tests Lorraine Rice also passed on notice of an FDA recall of Alere Triage Diagnostic Tests. Identified lots may have significantly decreased precision relative to the package insert, possibly resulting in an increased frequency of false positive or false negative results. The FDA notice is available online. Training CMS is proud to announce the distribution of Hand in Hand: a high quality training series for nursing homes that emphasizes person-centered care for persons with dementia, as well as the prevention of abuse. This Toolkit will be mailed free to all nursing homes, CMS Regional Offices, State Survey Agencies, and some other organizations by January 2013. Section 6121 of the Affordable Care Act requires CMS to ensure that nurse aides receive regular training on caring for residents with dementia and on preventing abuse. CMS, supported by a team of instructional designers and subject matter experts, created Hand in Hand to address the annual requirement for nurse aide training on these important topics. This is one option for a high-quality program that emphasizes person-centered care for persons with dementia and also addresses prevention of abuse. Person-centered care is about seeing the person first, not as a task to be accomplished or a condition to be managed. It is the fulfillment of the Nursing Home Reform Law to consider each resident’s individual preferences, needs, strengths, and lifestyle in order to provide the optimum quality of care and quality of life for each person. The Hand in Hand training materials consist of an orientation guide and six one-hour videobased modules, each of which has a DVD and an accompanying instructor guide. Though Hand in Hand is targeted to nurse aides, it has real value for all nursing home caregivers, administrative staff, and anyone who touches the lives of nursing home residents. CMS thanks you for your commitment to encouraging the use of available materials such as Hand in Hand for the required annual training for nurse aides. CMS anticipates that these enhanced training programs will enable providers to continuously improve dementia care and prevent abuse, as well as enhance resident and staff satisfaction in your community. While annual training for nurse aides on dementia care and abuse prevention is required in current nursing home regulations, CMS does not require nursing homes to use the Hand in Hand training specifically. Other tools and resources are also available For information, to download the training modules or inquire about replacement copies of the Hand in Hand Toolkit please visit http://www.cms-handinhandtoolkit.info/Index.aspx. If you have questions or comments regarding these materials, please contact [email protected]. Fungal Meningitis Cases The CDC launched clinician telephone consultation for fungal meningitis cases. More information is available here. ACA Rule Changes Obama administration moves forward to implement health care law; implements and expands employment-based wellness programs. The Pulse of CMS The Fall 2012 The Pulse of CMS was released by Region V. FFS Provider e-News CMS Medicare FFS Provider e-News for Thursday, November 29, 2012 (Back to top). 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