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COMING UPYour Source for HOME CARE News, Policy and Advocacy Vol. 3, Issue 1 | January 2, 2018
The 2018 HomeHealth CoPInterpretiveGuidelines: 2-PartWebinar SeriesJan. 9 & 10, 2018
Stop Sepsis at HomeTraining Sessions
Jan. 11, 2018(Hudson Valley)
Jan. 24, 2018(Capital Region)
Northeast HomeHealth LeadershipSummitJan. 16-18, 2018Boston
Webinar: SexualHarassmentPrevention in theWorkplaceJan. 30, 2018
HCA STATEADVOCACY DAYFeb. 5-6, 2018Albany
INSIDE
See ADVOCACY p. 2
See SEPSIS p. 3
Advocacy Day, PAC Reception & Your Survey Responses Needed Please plan for HCA’s State Advocacy Day and related events on February 5 and 6 in Albany. The state legislative session officially kicks off this week with the Governor’s State of theState address tomorrow, where the Governor is expected to outline his agenda for statelegislative, administrative and budget initiatives and priorities.
With the prospect of a state budget deficit, Medicaid and other revenue cuts fromWashington, as well as other possible program and regulatory threats, our State Advocacy
State Implements HCA-AuthoredCollaboration LawStatute offers major opportunity area,solidification of home care role The state Department of Health (DOH) recentlyissued a vital Dear Administrator Letter (DAL)with guidance for home care to obtainregulatory flexibility to innovate new deliverymodels and partnership opportunities under the
Hudson Valley, Capital AreaNext Sites for Sepsis Training HCA is holding the next batch of sepsistraining and cross-sector collaborationsessions for home care and continuumpartners (including hospitals,physicians, EMS, health plans andothers) on HCA’s nationally innovativehome care sepsis tool and initiative.
See LAW p. 5
Advocacy Day, PAC Reception & Your Survey Responses Needed...................1State Implements HCA-Authored Collaboration Law.....................................1Hudson Valley and Capital Area Next for Statewide Sepsis Training................1Important Upcoming Deadlines.................................................................4U.S. District Court: 13-Hour Opinion Letter ‘Not in Conflict’ with DOL Reg.......6UPDATE: Hotel Deadline Now January 8 for Northeast Summit......................7Governor Vetoes Bill Excluding Nurse Family Partnership from Article 36.......7DOH to Hold Coalition Surge Test..................................................................8
NYC Council Passes Work Schedule Changes Legislation..................................9Governor Signs Fiscal Intermediary Bill..............................................................9Providers Serving Oneida Invited to 1/11 Meeting on Preparedness Law........10New 1/30 Webinar: Sexual Harassment Prevention in the Workplace............10CMS Makes Revisions to Hospice Chapter of Claims Manual...........................11CMS to Offer Web-based Training on Quality Reporting Program.....................11Upcoming NGS Education Programs..............................................................12Paid Family Leave Benefits Start...................................................................12Severe Cold Advisory Issued.........................................................................13New Impairment Guidelines for Scheduled Loss of Use Evals..........................13
NFP CARVE-OUT VETOED
The Governor has vetoed abill that would havecarved the Nurse FamilyPartnership from Article 36home care.
PAID FAMILY LEAVE
New York State’s PaidFamily Leave (PFL)program started thisweek. State websiteoffers model forms,FAQs and other info.
PAGE 7PAGE 6
13-HOUR RULE
Federal decision is firstto take up emergencyrule on 24-hour/live-ins;but case is non-bindingto state-level decisions.
PAGE 7 PAGE 12
SUMMIT HOTEL DEADLINE
The hotel deadline has beenextended until Jan. 8 foraccommodations at the NortheastHome Health Superhero Summit inBoston. The conference is just 2weeks away! Join us!
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The Situation Report is a weeklypublication of the Home CareAssociation of New York State(HCA). Unless otherwisenoted, all articles appearingin The Situation Report are theproperty of the Home CareAssociation of New YorkState. Reuse of any contentwithin this newsletterrequires permission fromHCA.
Joanne CunninghamHCA President
Roger L. NoyesDirector of Communications,Editor of The Situation Report
Al CardilloExecutive Vice President
Patrick ConoleVice President,
Finance & [email protected]
Andrew KoskiVice President,
Program, Policy & [email protected]
Laura Constable Senior Director,
Membership & [email protected]
Celisia StreetDirector of [email protected]
Mercedes Teague Finance Manager
Jenny KerbeinDirector of Governance &
Graphic [email protected]
Billi Wilson Manager, Meetings & Events
Teresa BrownAdministrative Assistant
Home Care Association of New York State (HCA)388 Broadway, 4th Floor, Albany, NY 12207
Tele: 518-426-8764; Fax: 518-426-8788; Website www.hcanys.org
The Situation Report: the Home Care Association of New York State Volume 3, No. 1 January 2, 2018
ADVOCACY from p. 1
program is a vital chance for lawmakers to hear from our Board ofDirectors and HCA member leaders. An agenda and registration form are here: https://hca-nys.org/wp-content/uploads/2017/12/2018-HCA-Advocacy-Events-Registration-Form.pdf.
The agenda includes specific events for HCA’s Board of Directors,Policy Council and all members, as summarized below.
If you are a Board or Policy Council member, please notethe daytime meetings that are on February 5.
All participating member agency leaders should attendHCA’s evening PAC reception on February 5 (at 5 p.m.) andare strongly urged to attend the daylong advocacy programon February 6.
To plan now for these events, simply complete theregistration/agenda form document (and send it back toHCA), make your hotel reservations for the evening ofFebruary 5 (if needed), and begin scheduling appointmentswith your state legislators to meet with them on theafternoon of February 6. Note: If you are a member ofHCA’s Board, we will be scheduling appointments for youand sending separate instructions.
HCA is preparing materials to support your advocacy messageduring the February 6 meetings and will circulate those in advanceof Advocacy Day. Financial Survey reminder As yet another reminder, we also need all home care providermember organizations to complete HCA’s Home Care IndustrySurvey, which seeks your responses on the payment and programissues facing your organization. The survey will be used in supportof our advocacy goals and HCA has already sent several remindersfor providers to complete it. This critical survey should be completed by all HCA providermembers. The due date is less than a week away: on January 8.But please complete the survey as soon as possible here: https://www.surveymonkey.com/r/201718FinCondSurvey.
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The Situation Report: the Home Care Association of New York State Volume 3, No. 1 January 2, 2018
The upcoming sessions will be held next week (January 11) for the Hudson Valley and on January 24 forthe Capital Region. They follow the first two sessions, conducted on December 15 and 18 for providersin Central New York and Western New York. The sessions are conducted by faculty from HCA, IPRO, Sepsis Alliance, Rory Staunton Foundation forSepsis Prevention, and representatives from each sector of the continuum. The sessions are free ofcharge, and are supported by a major grant awarded to HCA from the New York State Health Foundationto facilitate statewide training, adoption and use of the HCA tool. The sessions run from 9 a.m. to 2:45 p.m., with registration and a light breakfast networking opportunityfrom 9 to 9:30 a.m.
These sessions cover: essential background on sepsis, its significance in public health priorities, and itsspecial significance in home care and hospitals; an intensive in-depth presentation and training on theHCA sepsis screening tool, intervention algorithm, patient education tool and protocol; application ofthe tool to actual cases, including breakout exercises; cross-sector partner engagement with hospital,physician, EMS, health plan and other representatives; and guidance on agency adoption andintegration in practices and procedures. Locations for these upcoming sessions are below: Thursday, January 11Visiting Nurse Services in Westchester979 Rte. 22Brewster, NY 10509 Wednesday, January 24The Eddy Village Green Standish Community Center9 Pasinella WayCohoes, NY 12047 Further details can be found in the flyer at http://stopsepsisathomeny.org/wp-content/uploads/2017/12/Regional-Sepsis-Training-and-Cross-Sector-Session-Brochure.pdf. Online registration is here: https://www.surveymonkey.com/r/SepsisRegionalTrainings. Register now at: www.stopsepsisathomeny.org! Training and education are prerequisites for receiving authorization to utilize the HCA home care sepsistool, which is granted via user agreement between a home care or other provider/entity and HCA toensure appropriate preparation, quality standards and use. The tool continues to receive state andnational recognition, drawing requests for use by home care, hospital/health systems, and others. For further information, please contact Al Cardillo at [email protected], or Jennifer Kerbein [email protected].
SEPSIS from p. 1
The Situation Report: the Home Care Association of New York State Volume 3, No. 1 January 2, 2018
4
Important�Upcoming�Deadlines��
Requirement/Change� Effective/Due�Date� More�Information�
2018�State�Worker�Wage�Parity�Levels��
December�31,�2017� https://www.health.ny.gov/health_care/medicaid/redesign/mrt_61.htm��
2018�State�Minimum�Wage�Levels�
December�31,�2017� https://www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm��
State�Compliance�Program�Certification�Form�Submission�
December�31,�2017� https://omig.ny.gov/ssl�certification��
Federal�Deficit�Reduction�Act�Compliance�Certification�Form�Submission�
December�31,�2017� https://omig.ny.gov/dra�certification��
New�York�State�Paid�Family�Leave�program�starts�
January�1,�2018�
https://www.ny.gov/new�york�state�paid�family�leave/paid�family�leave�information�employers��
Home�Care�and�other�providers�who�contract�with�Managed�Care�Organizations�must�be�enrolled�in�Medicaid�
January�1,�2018� https://www.emedny.org/info/ProviderEnrollment/ManagedCareNetwork/index.aspx��
Managed�Care�Annual�Program�Integrity�Report�
January�1�to�January�31,�2018�
https://omig.ny.gov/information/mco�reports�
Revised�Medicare�Home�Health�Conditions�of�Participation�in�Effect�
January�13,�2018� https://www.gpo.gov/fdsys/pkg/FR�2017�01�13/pdf/2017�00283.pdf��
HCA�State�Advocacy�Day� February�6,�2018�
https://hca�nys.org/wp�content/uploads/2017/12/2018�HCA�Advocacy�Events�Registration�Form.pdf��
Criminal�history�record�check�requirements�apply�to�hospice�
April�1,�2018�
https://www.health.ny.gov/facilities/home_care/advanced_home_health_aides/docs/ahha_legislation.pdf��
Start�of�Transition�Period�for�Using�Health�Insurance�Claim�Number�(HICN)�or�Medicare�Beneficiary�Identifier�(MBI)�
April�1,�2018� https://www.cms.gov/Medicare/New�Medicare�Card/index.html��
Implementation�of�Universal�Billing�Codes�for�Home�and�Community�Based�Long�Term�Care�Services�under�Managed�Care�
April�1,�2018�
https://www.health.ny.gov/facilities/long_term_care/reimbursement/letters/dal_2017�12�07_billing_codes.htm��
The Situation Report: the Home Care Association of New York State Volume 3, No. 1 January 2, 2018
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2015 statute (Public Health Law section 2805-x)creating the Hospital-Homecare-Physician Collaborationlaw. This DAL is available here: https://hca-nys.org/wp-content/uploads/2017/12/2805xDAL000.pdf. It providescritical recognition and written guidance support forhome care providers and partnering hospitals andphysicians to elect flexibilities offered by thiscollaboration law, which was authored by HCA, passedby the Legislature, and signed by the Governor. HCA has strongly recommended the adoption of thisPublic Health Law provision in recent post-acuteregulatory discussions, specifically the pathways andincentives that this statute provides for physicians andhospitals to partner with duly licensed Article 36providers in delivering care in the new and evolvingsystem. The flexibility includes opportunities to avoid thetriggering of unnecessary regulations and mandateswhich would otherwise hamper collaboration andintegration, including Article 36 participation in:streamlined roles in primary care, transitions homefrom hospitals or nursing facilities, pre-op and post-surgical visits, and more. As such, this law provides a critical basis for homecare’s value-proposition in models like the DeliverySystem Reform Incentive Payment (DSRIP)program. Home care providers are, therefore,strongly encouraged to present this authoritativestatement from DOH to your DSRIP partners, MLTCsand other contractors to help elevate yourorganization’s inclusion, participation and operationwithin such networks and partnership opportunities. The DAL provides important background on thecollaboration statute and gives some examples ofpossible collaborative initiatives allowed by the law. “To accomplish the collaborative’s goals, thecollaborative may require regulatory waivers or specificpolicy changes applicable to certain activities such as,but not limited to, in-home post-surgical visits, pre-opworkups, maternal child visits, in-home evaluation of
patients, health education and immunizations,”the DAL says. “Under PHL 2805-x, the regulatoryand procedural layers ordinarily applicable tothe home care services agency could bestreamlined and potentially eliminated.” HCA provider members may use this statementin outreach to physicians, hospitals, nursinghomes and/or DSRIP deployment of Article 36-certified home care services for purposes ofthese interventions through appropriatechannels for regulatory relief and cost-savings. Importantly, the DAL requires all projects toinclude two of the entities mentioned in the law,“and if the project involves services in thehome, must include a home care servicesagency,” the DAL says. Requests for waivers of regulation under thisstatute must first be directed to DOH, asoutlined in the letter. Although not specifically referenced in the DAL,this HCA-authored law also addressesopportunities for financing via ratedevelopment, managed care premiumadjustment, and grants (subject to the inclusionof funding in the state budget) to support thegoals of the collaboratives. HCA has been working closely with the IroquoisHospital Association, the Medical Society of theState of New York and others to facilitatecollaboration and collaborative models. This lawadditionally can include health plans and othersector partners, such as nursing homes,behavioral health, EMS and others. HCA greatly appreciates the Department’sdefinitive guidance on this important statutoryframework. We also specifically recognize andthank Senator Kemp Hannon, Assembly MemberAileen Gunther and their offices for sponsoringthe legislation creating this statutory frameworkand for their vigorous efforts to see it signedinto law.
LAW from p. 1
The Situation Report: the Home Care Association of New York State Volume 3, No. 1 January 2, 2018
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U.S. District Court: 13-Hour Opinion Letter ‘Not in Conflict’ with DOL Reg. The U.S. District Court for the Southern District of New York has ruled on yet another case involving thequestion of compensation for “24-hour/live-in” aide services and other labor statutes. The ruling – in De Carrasco v. Life Care Servs., Inc., decided on December 15 – rejected several of the plaintiff’srequests for certification of Fair Labor Standards Act collective actions and New York State class-action status,including a request for class action on the basis that employees were not paid a full 24 hours for 24-hourshifts. U.S. District Court Judge Katherine B. Forrest’s opinion references several recent legal decisions, regulatoryactions and related developments well known to HCA members from our newsletter reports, statewidemember calls, and alerts. These include: the state Department of Labor (DOL) opinion letter in 2010regarding the DOL-established method for calculating 24-hour/live-in wage obligations (i.e., the “13-hourstandard”); the Tokhtaman, Andryeyeva and Moreno court decisions; and DOL’s recent emergency declarationreiterating the “13-hour standard” that has been called into question by recent litigation. This latest U.S. District Court ruling mentions that the “federal district courts in this district have found thatthe opinion letter is entitled to deference,” referring to the DOL letter on the 13-hour standard. “The Courthere joins the other federal district courts that have considered the issue and rejects the Tokhtaman line ofcases from the New York Appellate Division,” writes the judge, finding that “the opinion letter is not in conflictwith the regulation; rather it expands upon the regulation, by defining what it means to be ‘available forwork’.” Judge Forrest furthermore voiced agreement with other courts that the opinion letter is “neither ‘unreasonable’nor ‘irrational.’” She also states that the court’s “interpretation is bolstered” by the emergency regulation andregulatory impact statement, in which DOL stated its intent to “codify the Commissioner’s longstanding andconsistent interpretation that compensable hours worked under the State Minimum Wage Law do not includemeal periods and sleep time of home care aides who work shifts of 24 hours or more.” This ruling, while in line with many of the legal arguments expressed by home care provider representatives, isa federal court affirmation of the “13-hour standard,” and is not binding authority for cases that remain at playin the state-level Appellate Divisions. In those cases, the binding authority continues to be the recentAppellate Division decisions in Tokhtaman, Andryeyeva and Moreno. To read HCA’s most recent summary of these cases and our advocacy on behalf of members, please see p. 5 ofour December 4 newsletter (“Court of Appeals Declines to Hear Appeal of Tokhtaman Decision”). A link to thatedition is at https://hca-nys.org/wp-content/uploads/2017/12/SitRep120417.pdf.
Meanwhile, DOL’s emergency rule codifying the 13-hour compensation standard for 24-hour/live-in cases hasbeen separately challenged on the administrative level by the Urban Justice Center, a workforce advocacygroup which filed a petition last month with the New York State Industrial Board of Appeals seeking toinvalidate the rule. A hearing on the matter is scheduled for later this week and HCA is further examining legaloptions with the Board alongside our advocacy aimed at the Legislature and Governor’s office to reinforce thestandards established by the HCA-sought emergency rule.
HCA will continue to keep the membership closely apprised of all developments.
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The Situation Report: the Home Care Association of New York State Volume 3, No. 1 January 2, 2018
UPDATE: Hotel Deadline Now January 8 for Northeast Summit
Due to demand, the Northeast Home Health Superhero Summit (to be held in Boston) has secured adeadline extension for participants to reserve at the Colonnade Hotel’s discount room block rate. The newdeadline is January 8! With the Summit starting in just two weeks, this is your last opportunity for a discount rate of $192 pernight at the Colonnade Hotel, site of the Summit. Simply contact the Colonnade Hotel at (617) 424-7000, ask for the Northeast Home Health LeadershipSummit Group, and provide the Code “NEH16A.”
Please also be sure to register as soon as possible for the Summit (if you haven’t already) and join yourcolleagues from throughout the Northeast as part of the region’s biggest leadership conference of the yearfor home care executives.
Remember: Discount rates are available for members of state associations in 8 states. These associationswork together to bring you this insightful program of leadership and policy topics, plus networking andmore.
Governor Vetoes Bill Excluding Nurse Family Partnership from Article 36 Legislation to totally remove Nurse Family Partnership (NFP) services from article 36 was vetoed onDecember 29. The Governor’s Veto Message No. 234 states that the Department has administratively provided for NFPflexibility while “maintaining the Department’s oversight and enforcement responsibilities” under Article36. The Veto Message can be viewed at https://www.politico.com/states/f/?id=00000160-a4be-da22-ad65-e7fe00e90000.
This action rebuts what would have been a complete and precedential carve-out of NFP in-home nursingvisits from Article 36, as this legislation would have done, in favor of a plan that maintains Article 36 whileproviding for NFP relief. HCA had strongly supported an administrative solution but strenuously opposed the bill. This bill, A.8388,was introduced and rapidly passed by the Legislature in June, in an attempt to assist NFP, but with virtuallyno vetting to the broader home care community to craft a more delineated solution. Instead, the bill createdwhat would have been a precedential and harmful complete carve-out of Article 36. In our memo urging a veto of the bill, HCA asserted: “There is already widespread concern over scofflawentities seeking unlicensed entry into the home and community care arena.” We noted that the carve-outproposed by this bill “unfortunately invites further practices that erode the longstanding foundation forquality and consumer protection for in-home care in the state.”
Indeed, home care and hospice agencies throughout the state have extensively witnessed entities seeking(or actively crossing the line) to provide home care and hospice without the required state licensure,inadvertently fueled by incentives in the Delivery System Reform Incentive Payment (DSRIP) program, value
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The Situation Report: the Home Care Association of New York State Volume 3, No. 1 January 2, 2018
based payments (VBP) and other policy/program trends moving the system toward community based care.The approach taken in this bill would have worsened this problem. This veto further builds upon recent DOH policy actions that reinforce in-home care provisions under Article36 in New York State, including a recent Dear Administrator Letter that implements an HCA-authored vehiclefor incentivizing duly licensed Article 36 home care services in collaboration with physicians, hospitals andother settings. (See related p. 1 story.) For further information, please contact Al Cardillo at [email protected].
DOH to Hold Coalition Surge TestInformational webinars scheduled for next week
As announced in the December 18 edition of The Situation Report, the state Department of Health (DOH)will hold Coalition Surge Test (CST) and Interoperable Communications (IOC) drills for providers outside ofNew York City sometime early this year and provide more information about these drills at webinars startingnext week.
The CST will involve a simulated disaster in which three hospitals in a region must evacuate their patients.Other hospitals, home care and hospice providers, and nursing homes will participate in the exercise and beasked if they can accept some of those patients.
Although participation is voluntary, the CST/IOC will fulfill the requirement that Certified Home HealthAgencies (CHHAs) and hospices participate in a full-scale community-based exercise sometime during theperiod of November 16, 2017 to November 15, 2018. (Some Licensed Home Care Services Agencies may haveto participate in such an exercise under their contract with CHHAs or managed care plans.)
DOH will issue a brief Health Electronic Response Data System (HERDS) survey on the day of the CST andproviders will have only 90 minutes to complete it. Providers will also be expected to complete an After ActionReport. DOH will provide a template to assist in its completion, which HCA will share once we obtain it.
The webinar dates and links for providers in the Capital District and Central New York areas are below (noregistration is required):
January 8, from 10 to 11 a.m.; webinar can be accessed on January 8 at https://meetny.webex.com/meetny/j.php?MTID=mfc1a95f0006485f699031b23f3ef3d10; and
January 10 from 10 to 11 a.m.; webinar can be accessed on January 10 at https://meetny.webex.com/meetny/j.php?MTID=m107c702b688e2771daeca9cb205f5746.
The dates for providers in the Western New York and Metropolitan Area Regional Office/MARO regions(not including New York City) are below (no registration is required):
February 1, 1 to 2 p.m.; webinar can be accessed on February 1 at https://meetny.webex.com/meetny/j.php?MTID=me79c7b7503914f2ad3bdad66d29eb404; and
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The Situation Report: the Home Care Association of New York State Volume 3, No. 1 January 2, 2018
February 2, 10 to 11 a.m.; webinar can be accessed on February 2 at https://meetny.webex.com/meetny/j.php?MTID=ma0073b30cd3d893e80a5b6e00a30aa74.
For more information, contact Andrew Koski at (518) 810-0662 or [email protected].
NYC Council Passes Work Schedule Changes Legislation
On December 19, 2017, the New York City Council passed a bill to allow employees in the City to seektemporary changes to their work schedules for a “personal event.” The bill also protects employees fromemployer retaliation for making certain other schedule change requests.
The bill, Int. 1399-A, along with a summary and other information, can be viewed at http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2900941&GUID=68DC01AE-C577-4B86-B3E5-B9D98836C1E2.
According to the summary, this bill would require an employer to allow employees to take two temporaryschedule changes per calendar year – including paid time off, remote work, changing work hours and unpaidleave – relating to a “personal event.” A personal event includes a caregiving emergency, a legal proceedingor hearing for subsistence benefits, or any circumstance that would constitute a basis for permissible use ofsafe time or sick time under New York City’s Earned Sick Time Act.
The bill would also establish a written process for employees and employers to communicate regardingrequests for such changes. This bill would also protect employees from employers retaliating against themfor making schedule change requests, because existing prohibitions on retaliation would apply. This billwould not affect leave granted under the city’s earned sick and safe time act or apply to employees undercertain collective bargaining agreements or to certain employees in the entertainment industry.
The bill will become effective 180 days after it is signed and HCA will notify members of next actions.
Governor Signs Fiscal Intermediary BillChapter Amendment to be made
Governor Cuomo has signed legislation, S.5544/A.7216, which makes changes to the new Consumer DirectedPersonal Assistance Program Fiscal Intermediary (FI) Authorization process.
The legislation changes the effective date of the new FI authorization process until January 1, 2018 andallows existing FIs (operating prior to January 1, 2018) to continue to operate until January 1, 2019.
However, in the Governor’s approval message, he indicates that he has certain concerns with the bill “thatwould make it difficult for the Department to properly oversee and regulate fiscal intermediaries” and has“secured an agreement with the Legislature to pass legislation in the upcoming session to address theseconcerns.”
We understand that the chapter amendment under consideration would allow for additional time for existingFIs to submit Authorization applications, and will provide more information once it is available.
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Volume 3, No. 1 January 2, 2018The Situation Report: the Home Care Association of New York State
Providers Serving Oneida County: Join Local Emergency Managers for 1/11Meeting on Home Care, Hospice Preparedness Law in Utica
Providers in other regions should be on the lookout for similar efforts by local managers seeking input fromhome care, hospice on comprehensive emergency management planning in compliance with new law
Oneida County’s Department of Emergency Services has asked HCA to share an invitation for providersserving Oneida County about the Department’s January 11 meeting for home care and hospice input onlocal emergency management planning. HCA has posted PDF of the invitation from Dan Appler, DeputyDirector of the Department, at https://hca-nys.org/wp-content/uploads/2018/01/Invite-letter-to-health-care-meeting.pdf.
As extensively reported, the Governor in October signed HCA’s “Essential Personnel” bill into law, directingall counties to include home care and hospice input in their comprehensive emergency management plans.Oneida County’s outreach to providers is a step toward that goal.
The January 11 meeting will be held from 9 a.m. to noon at Mohawk Valley Community College in theAcademic Building, Room 116, at 1100 Sherman Drive in Utica.
Meeting topics will include: what is required of agencies by the state, assistance the Department ofEmergency Services will be able to provide, an introduction to the Local Emergency Planning Committee,and information on threat assessments, Incident Command training, Oneida County’s ComprehensiveEmergency Management Plan (CEMP), listserv notifications, and much more.
The letter asks providers to RSVP at [email protected].
HCA has separately notified providers in Oneida County, but we also wanted the broader membership to beaware of efforts like this, now underway, to begin facilitating the new law, including similar outreach thatmay be occurring for providers in other counties.
New 1/30 Webinar: Sexual Harassment Prevention in the Workplace
The law regarding sexual harassment in the workplace has not substantially changed in more than 30years. Nonetheless, claims of sexual harassment in the workplace are grabbing headlines like never before.On January 30, from 10 to 11 a.m., HCA will be holding a special webinar on this issue to help providersreinforce their policies and procedures.
While the focus to date has been on celebrities, public figures and business leaders, we believe theprevalence and notoriety of these stories will lead to an increase in internal complaints and/or claimsalleging similar misconduct against individuals and entities that are outside the public eye.
As a result, now is an important time for employers to:
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Volume 3, No. 1 January 2, 2018The Situation Report: the Home Care Association of New York State
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Redistribute such policies to all employees to remind them of the employer’s expectations andcomplaint procedure; and
Conduct training for executives, managers and supervisors with respect to these policies.
Employers taking these proactive measures may prevent unlawful harassment in the workplace, thusminimizing the substantial risks and liabilities associated with such conduct.
In this webinar, attorneys Vincent Polsinelli and Kristi Rich Winters of Jackson Lewis will discuss stepsemployers should take to ensure they have practices in place to prevent harassment in the workplace, andto address it meaningfully and effectively — if, and when, it does occur.
To register, download the flyer here: https://hca-nys.org/wp-content/uploads/2017/12/Sexual-Harrassment-Prevention-in-the-Workplace-Webinar-Registration-Form-Jan-30-2018.pdf.
CMS Makes Revisions to Hospice Chapter of Claims Manual
The U.S. Centers for Medicare and Medicaid Services (CMS) recently issued Change Request (CR) 10361which clarifies specific data elements required on the institutional claim with regard to diagnosis codereporting and reporting of the hospice attending physician.
CR10361 can be downloaded at: https://www.cms.gov/Regulations-and-Guidance/Guidance/Transmittals/2017Downloads/R3930CP.pdf. It modifies Chapter 11 (Processing Hospice Claims) of the Medicare ClaimsProcessing Manual.
The new language clarifies that hospices are expected to include all diagnosis codes identified during theinitial and comprehensive assessments – whether related or unrelated to the principal terminal diagnosisand related conditions on the claim, which is consistent with coding guidelines.
For further information, contact Patrick Conole at (518) 810-0661 or [email protected].
CMS to Offer Web-based Training on Quality Reporting Program
The U.S. Centers for Medicare and Medicaid Services (CMS) is offering web-based training modules toaddress questions submitted by post-acute care (PAC) providers related to the quality reporting program.
HCA members can find additional details on the home health training modules at: https://www.cms.gov/Medicare/Quality-Initiatives-Patient-Assessment-Instruments/HomeHealthQualityInits/Home-Health-Quality-Reporting-Training.html.
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Upcoming NGS Education Programs
National Government Services (NGS), New York’s Medicare Administrative Contractor (MAC), will behosting the following upcoming webinars:
Targeted Probe and Educate for Home Health Providers (Thursday, January 4, from 10 to 11a.m.). Registration is at: https://register.gotowebinar.com/register/1286833612463200514
Submitting a Hospice Notice of Election and Other Transactions Electronically (Thursday,January 4, from 2 to 3 p.m.). Registration is at: https://register.gotowebinar.com/register/5496289688151470594
Provider Enrollment: Submitting Revalidations via PECOS (Tuesday, January 9, from 11 a.m. tonoon). Registration is at: https://register.gotowebinar.com/register/3532442075731181315
Home Health Billing Basics (Tuesday, January 16, from 10 to 11:30 a.m.). Registration is at:https://register.gotowebinar.com/register/6321021267070369025
For further information, contact Patrick Conole at (518) 810-0661 or [email protected].
Paid Family Leave Benefits Start
New York State’s Paid Family Leave (PFL) program started this week.
As communicated in numerous articles, PFL, phased in over 2018 to 2021, will provide employees upto 12 weeks of paid family leave in any given 52-week benefit period. Leave can be used to: 1) carefor a family member (including a child, parent, grandparent, grandchild, spouse or domestic partner)with a serious health condition; 2) bond with an employee’s newborn or newly placed adoptive orfoster child during the first 12 months following birth or placement; or 3) address any qualifyingexigency to a spouse, domestic partner, child or parent who is serving on active military duty.
The state Worker’s Compensation Board has posted PFL forms, model language for employeematerials, frequently asked questions, guides and more at https://www.ny.gov/new-york-state-paid-family-leave/paid-family-leave-information-employers; home care providers can sign up for PFLupdates at https://www.ny.gov/paid-family-leave-updates-sign-up.
Questions can be directed to the PFL Helpline at 844-337-6303.
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The Situation Report: the Home Care Association of New York State Volume 3, No. 1 January 2, 2018
Severe Cold Advisory Issued
On December 26, the state Department of Health (DOH) issued a “Severe Cold Advisory for HealthcareFacilities and Providers.”
The Advisory is at https://hca-nys.org/wp-content/uploads/2018/01/ctrlaccamstmpNotification_23514.pdf.
In the Advisory, DOH advises health care providers to take the “necessary precautions to ensure thatpatients, residents and staff are comfortable and safe when indoors and well dressed for protection fromhypothermia and frostbite when traveling outdoors throughout the winter months, but especially during thisupcoming excessive cold.”
Furthermore, providers should ensure that staff are alert to the signs, symptoms and consequences ofhypothermia and frostbite.
Specific instructions for home care and hospice include:
Review emergency response plan. Temperatures at hospice residence and inpatient hospicelocations should be monitored. Home Care agencies should be ready to communicate with theirpatients during and immediately following this cold period to perform checks on their safetyand condition of their health. Staff should pay attention to temperatures at patient homes uponvisit. Review agency plan for managing situations where patients refuse to evacuate ahazardous situation (loss of heat in their home). Agencies should also take steps to ensure thattheir staff take measures to protect themselves from the cold when performing their patientcare visits.
New Permanency Impairment Guidelines for Scheduled Loss of Use Evaluations
The state Worker’s Compensation Board (WCB) has announced new Permanency Impairment Guidelines forScheduled Loss of Use (SLU) evaluations, with an effective date of January 1, 2018.
The new guidelines, enacted as part of the final 2017 state budget, are here: http://www.wcb.ny.gov/2018-Impairment-Guidelines.pdf.
The enabling regulation is available at http://www.wcb.ny.gov/impairment-guidelines-regulation/.
The 2018 SLU Guidelines will replace chapters in the existing 2012 Medical Impairment Guidelines withrespect to SLU, and will take effect January 1, 2018. The 2012 Guidelines remain unchanged for determiningnon-scheduled permanent impairments.
For SLU claims that have at least one examination conducted before January 1, 2018, the Board willconsider the issue of SLU to have been joined under the auspices of the Guidelines in effect at the time,and as such the Board will determine the claimant’s degree of permanent disability using the 2012Guidelines. Where the first medical evaluation of SLU occurs on or after January 1, 2018, the question ofSLU will be evaluated under the 2018 SLU Guidelines.
State Advocacy Events FEBRUARY 5 & 6, 2018ALBANY, NEW YORK
Albany Legislators Need to Hear from You! Join HCA for a day of
focused Home Care Advocacy!See next page for details.
Tuesday, February 6, 20188:00am – 4:00pm
HCA State Lobby DayRoom 711-A Legislative Office BuildingAlbany, New York
Monday, February 5, 2018
8:00 AM – 12:00 NOON
State Leaders Address HCA Board and Members
12:00 NOON – 12:30 PM
Lunch
5:00 PM – 6:30 PM
HCA PAC ReceptionHCA Office388 Broadway, 4th FloorAlbany, New York 12207(Open to ALL HCA Members)Entrance is on Hudson Avenue under the green awning. Elevator is located to the right of the stairs and will take you directly to the HCA lobby on the 4th floor.
Drinks and hors d’oeuvres will be served at the reception. A $50 minimum HCA PAC donation is requested for your participation.
*Corporate and LLC checks are acceptable under NYS Election Law. 501(c)(3) Organizations are prohibited from making political contributions. Contributions to the PAC are not tax deductible.
HOTEL INFORMATIONRenaissance Hotel144 State Street, Albany, NY 12205HCA has arranged for a room block at the Renaissance Albany Hotel located at 144 State Street, Albany, NY. HCA’s Group rate is $194/night and must be booked before January 5, 2018. To make your reservation, call (888)236-2427. Early reservations are encouraged as the hotel is likely to sell out the evening of February 5th.
REGISTRATION Participant’s Name:_____________________________________________________
Participant(s) will attend:
______ *PAC Reception on February 5th @ $50 per person
______ State Lobby Day on February 6th (No Fee)
HCA PAC RECEPTION DONATION INFORMATION*Please make personal check payable to: HCA PAC and mail to 388 Broadway, 4th Floor, Albany, NY 12207; or pay by personal credit card:
______ American Express ______ MasterCard ______ VISA
(3 digit code on reverse) __________ Exp. Date ____/____/____
Card Number______________________________________________
Cardholder’s Name ________________________________________
Cardholder’s Address _______________________________________
__________________________________________________________
Signature __________________________________________________
Organization:_______________________________________________
Email:______________________________________________________
FAX completed form to (518) 426-8788
12:30 PM – 4:00 PM
HCA Member Agency AppointmentsHCA will arrange specific appointments with key legislators for HCA Board Members and all other members are urged to make appointments on their own.
HCA Provider/Associate MembersIf you would like HCA to assist you in arranging legislative visits for this afternoon, please contact Jenny Kerbein at [email protected] with your specific requests and availability.
10AM – 12Noon
HCA Policy Council Meeting (Council Members Only)
12Noon – 4:30PM
HCA Board of Directors Meeting(Board Members Only)Meeting will start with lunch at Noon. In addition to the regular business meeting, the Board will prepare for advocacy visits the next day.
10AM – 4:30PM
HCA Policy and Board MeetingRenaissance Albany Hotel – DeWitt Ballroom144 State StreetAlbany, New York 12205
