UPDATE Weekly

The U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has issued new guidance to assist long term care facilities in complying with their civil rights responsibilities and obligations under regulations by the HHS Centers for Medicare & Medicaid Services that require facilities which are Medicare and/or Medicaid-certified to ensure their residents receive services in the most integrated setting appropriate to their needs. OCR is responsible for enforcing Section 504 of the Rehabilitation Act (Section 504) and Title II of the Americans with Disabilities Act (ADA).

The Minimum Data Set (MDS), mandated, by CMS for all residents in a Medicare and/or Medicaid-certified long term care facility includes Section Q. These MDS questions are designed to help assess residents’ interests in returning to the community and in turn to guide facility staff to better identify and assist residents in exploring those opportunities. This assistance is supported by Local Contact Agencies and other community-based organizations. Section Q also assists the state in meeting its non-discrimination requirements.

This new OCR guidance provides a series of recommendations for steps that long term care facilities can take to ensure the MDS is properly used to facilitate compliance with Section 504 and to avoid discriminatory practices towards residents. These steps include:

• Establish strong relationships with the Local Contact Agency, a local community organization responsible for providing counseling to nursing center residents on community support options;
• Properly administer Section Q of the MDS “to ensure that all individuals have the opportunity to learn about home and community based services and have an opportunity to receive long-term care in the least restrictive setting possible”;
• Update facility policies and procedures to comply with OCR guidance and provide periodic training of all staff involved in the MDS assessment on Section Q; and
• Review available resources on administration of the MDS.

Click here to read the guidance: http://www.hhs.gov/sites/default/files/mds-guidance-2016.pdf.

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Under the Bipartisan Budget Act of 2015 OSHA was required to adjust civil penalties for violations of safety and health standards on or before July 1, 2016. The Bipartisan Budget Act allowed OSHA a one-time “catch-up” to adjust for inflation since 1990. On July 1, 2016, OSHA announced the new maximum civil penalties, which will take effect August 1, 2016. According to OSHA, the new maximum penalty structure for any citations issued after August 1, 2016 will be as follows:

On an annual basis, the maximum penalties will be adjusted for inflation based on the Consumer Price Index. Additionally, state plans (those states that operate their own occupational safety and health program) will be required to raise their maximum penalty amounts to align with Federal OSHA.

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The North Carolina legislature adjourned for the year late Friday after House lawmakers gave final approval to the state budget. Unless Governor McCrory vetoes a bill and the legislature attempts an override, the General Assembly won’t return until early January, 2017. Of note, lawmakers ended their session this year without making any changes to North Carolina’s Certificate of Need laws. A more detailed recap of this year’s legislative session will be given at Summer Symposium.

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Call the Embassy Suites Resort at (800) 876-0010 to reserve your overnight room. Use group code “HFA” to identify yourself as a NC Health Care Facilities Association Symposium attendee! To make your reservation on-line, visit http://tinyurl.com/symposium2016. Please note our room block is almost full! If you have any problems making your reservation, please call the Association office at (919) 782-3827.

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Register today to attend the fifth annual NCHCFA Summer Symposium August 9-11, 2016 at the Embassy Suites Resort at Kingston Plantation, Myrtle Beach, SC for the most up to date information affecting long term care. You can register and pay on-line. Visit http://NursingHomesNC.com & click on Fifth Annual Summer Symposium Registration! Administrators and registered nurses will be able to earn up to 11.5 hours of continuing education.

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The North Carolina Health Care Facilities Association would like to thank our 2016 Summer Symposium Corporate Sponsors for supporting the upcoming Fifth Annual Summer Symposium in Myrtle Beach, SC! We appreciate your support: Healthcare Services Group, Liberty Healthcare Group, Medipack Pharmacy, NH Med Services, QMX Mobile Health & Southern Pharmacy Services.

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Do not miss Employment Law Hot Topics on Wednesday, August 10th. Join attorney Bill Barrett for the latest in labor and employment law. During his 26-year career, Mr. Barrett has represented employers, executive teams and employees in all aspects of labor and employment law, as well as, civil rights enforcement. He will cover the US Department of Labor’s new overtime rule, the US Department of Health and Human Services’ Office for Civil Rights’ new anti-discrimination rule, as well as other timely and important topics affecting employers. The content of this presentation may change based on new topics or rulemaking prior to August. Please submit any additional topics that you would like to have Mr. Barrett address to allisonb@nchcfa.org and every effort will be made to accommodate those requests.

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The next CMS Skilled Nursing Facilities (SNF)/Long Term Care (LTC) Open Door Forum is scheduled for Thursday, July 14, 2016 at 2:00 PM ET.

**This Agenda is Subject to Change**
I. Opening Remarks
II. Announcements & Updates
• PBJ Update Announcement
• https://www.cms.gov/Medicare/Quality-Initiatives-Patient-Assessment-Instruments/NursingHomeQualityInits/Staffing-Data-Submission-PBJ.html
• SNF Waiver for Comprehensive Care for Joint Replacement (CJR)
• Nursing Home Compare Quality Measure (QM) updates
• https://www.cms.gov/medicare/provider-enrollment-and-certification/certificationandcomplianc/fsqrs.html
• SNF Value Based Purchasing
III. Open Q&A

To participate in the open door forum, dial (800) 837-1935 and reference Conference ID 41652346.

Encore is an audio recording of this call that can be accessed by dialing (855) 859-2056 and entering the Conference ID. Encores for ODFs held on Thursdays can be accessed the following Monday. The recording is available for 3 business days.

For ODF schedule updates and E-Mailing List registration, visit CMS’s web site at http://www.cms.gov/OpenDoorForums.

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Restorative nursing is an essential part of reimbursement, compliance, and the quality of life of your residents. Improper care planning or unclear documentation can negatively impact resident care and your bottom line. The Long-Term Care Restorative Nursing Desk Reference is a new all-inclusive desk reference that describes the clinical aspects of restorative nursing in detail and provides a much-needed guide for nurses in a long term care facility. This resource makes it easy to find instant answers to questions you may have about maintaining or developing your restorative program. The Long-Term Care Restorative Nursing Desk Reference offers the help you need to create or sustain an effective restorative care program that puts your resident’s needs first. This text also comes with a CD-ROM.

To order, visit http://www.AHCApublications.org or call (800) 321-0343. Fax orders may also be placed at (800) 869-5605.

Product #8241
AHCA MEMBERS $149.00

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This brochure outlines what physical restraints are, when they should be used, rules and regulations concerning restraints, and making decisions about using them. To order, e-mail your request to Donna Snyder at donnas@nchcfa.org.

• NCHCFA Member: $30.00 per 100 brochures plus tax and shipping
• Non-Members: $60.00 per 100 brochures plus tax and shipping

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Memory loss in early Alzheimer’s reversed with personalized treatment plan.

http://www.medicalnewstoday.com/articles/311083.php

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The first television commercial aired in1941 on WNBT-TV, New York. The cost to the sponsor for a camera focus on a Bulova watch and the announcement of the time was $9.

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