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UPCOMING PROGRAMS Your Source for HOME CARE News, Policy and Advocacy Vol. 3, Issue 49| December 17, 2018 INSIDE Free Members-Only Webinar on NYS DOL Revised "Call-in Pay" Regulations: Dec. 18 2019 Northeast Home Health Leadership Summit Jan. 22-24, 2019 (Boston) WCEI 5-Day Onsite Skin and Wound Management Course March 4-8, 2019 (Herkimer, NY) See SURVEY p. 2 Editor's Note: This is the final edition of The Situation Report for 2018. We will notify you of any pressing updates by e-mail and resume publication on January 7, 2019. Also, HCA's offices will be closed for the holidays from December 24 to January 1, reopening on January 2. Turnover Rates, Wage and Labor Pressures, and More: Your Responses Needed on Vital Industry Survey! HCA reminds members to complete our financial and program trends survey as soon as possible so that we can keep on track towards achieving a statistically sound sample of at least 80 to 100 organization responses. We know this survey takes time to complete. HCA greatly appreciates your commitment to answering this call (thank you, especially, if you have already completed the survey). Ten Years & Counting: Why HCA’s Board Chair Attends the Northeast Home Health Leadership Summit -A Special Message from HCA Board of Directors Chair Susan Larman, BSN, MBA and CEO of VNA Home Health/Visiting Nurses Home Care I’m thrilled to be attending the Northeast Home Health Leadership Summit next month in Boston, as I have done for the past ten years. There are many reasons why I look forward to this regional, yet national-class, program each year. I hope you will find similar reasons to join me as I return in 2019. See CHAIR p. 3 Your Responses Needed on Vital Industry Survey .............................................1 Why HCA’s Board Chair Attends the Northeast Leadership Summit.....................1 Member Hiring Announcement ................................................................... 3 LHCSA Registration Must be Completed by January 1, 2019................................4 Senate Committee Assignments: Sen. Gustavo Rivera to Chair Health................4 DOH Releases Final AHHA Regulations; Guidance Expected in the Near Future....5 Monthly Managed Care Meeting Yields Key Updates...........................................6 Guidance Issued to MLTC Plans on LHCSA Contract Limitations...........................7 HCA to Host Webinar Tomorrow on “Call-in Pay” Regulations.............................8 HCA Capitol Report: Issue 1................................................................................9 Home Care, Hospice and MLTC News Clips Straight to Your Inbox.........................9 It’s HCA Membership Renewal Time.............................................................. 9 NYeC Multi-Sector Association Call Reviews Highlights, Priorities.............. 10 House Extends MFP, Spousal Impoverishment Protections.......................... 11 HHA Claims Must Contain a County Code Starting Jan. 1, 2019........................12 HHAs May Continue to Provide Part B Infusion Therapy in 2019-2020.............13 Emergency Preparedness Update................................................................13 Suffolk County Enacts Salary History Ban.................................................. 15 Westchester Passes Bill Regarding Criminal History and Employment..........16 2019 Medicaid Levels Announced...............................................................16 PHHPC Acts on Home Care and Hospice Applications.....................................17 HHS Seeks Input on Improving Care Coordination, HIPAA Regs........................18 2017 National Health Expenditures Released.............................................18 NGS Announces Upcoming Annual Logon ID Recertification...........................20 NGS Closed on Christmas and New Year’s.....................................................20 CMS Forum on Changes to Level II HCPCS......................................................20 IRS Issues Standard Mileage Rates for 2019..................................................21 Important Deadlines and Due Dates...............................................................22 Health Resources...................................................................................... 23 MANAGED CARE UPDATES The latest DOH managed care meeting includes updates on LHCSA contracts, minimum wage, Community First Choice Option, and more. PAGE 9 HCA RENEWALS Have you reviewed HCA’s renewal packet yet? The packets were mailed earlier this month and we encourage you to rejoin for 2019 as soon as possible. PAGE 6 PAGE 5 AHHA The State Register includes a final version of the Advanced Home Health Aide rule, including DOH responses to comments on nurse supervision requirements and more. PAGE 12 COUNTY CODES REQUIRED Medicare will require all claims to have a county code as part of the changes to the home health rural add-on. Importantly, all providers (whether rural or not) must enter the code starting Jan. 1.

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Page 1: AHHA MANAGED CARE HCA RENEWALS COUNTY ......resume publication on January 7, 2019. Also, HCA's offices will be closed for the holidays from December 24 to January 1, reopening on January

UPCOMING

PROGRAMS

Your Source for HOME CARE News, Policy and Advocacy Vol. 3, Issue 49| December 17, 2018

INSIDE

Free Members-OnlyWebinar on NYSDOL Revised "Call-inPay" Regulations:Dec. 18

2019 NortheastHome HealthLeadership SummitJan. 22-24, 2019(Boston)

WCEI 5-Day OnsiteSkin and WoundManagementCourseMarch 4-8, 2019(Herkimer, NY)

See SURVEY p. 2

Editor's Note: This isthe final edition of TheSituation Report for2018. We will notifyyou of any pressingupdates by e-mail andresume publication onJanuary 7, 2019. Also,HCA's offices will beclosed for the holidaysfrom December 24 toJanuary 1, reopeningon January 2.

Turnover Rates, Wage and Labor Pressures, and More:Your Responses Needed on Vital Industry Survey!

HCA reminds members to complete our financial and program trends survey as soon aspossible so that we can keep on track towards achieving a statistically sound sample of atleast 80 to 100 organization responses.

We know this survey takes time to complete. HCA greatly appreciates your commitment toanswering this call (thank you, especially, if you have already completed the survey).

Ten Years & Counting: Why HCA’s Board Chair Attends the NortheastHome Health Leadership Summit-A Special Message from HCA Board of Directors Chair Susan Larman, BSN, MBA and CEO ofVNA Home Health/Visiting Nurses Home Care

I’m thrilled to be attending the Northeast Home Health LeadershipSummit next month in Boston, as I have done for the past ten years. There aremany reasons why I look forward to this regional, yet national-class, programeach year. I hope you will find similar reasons to join me as I return in 2019.

See CHAIR p. 3

Your Responses Needed on Vital Industry Survey.............................................1Why HCA’s Board Chair Attends the Northeast Leadership Summit.....................1Member Hiring Announcement...................................................................3LHCSA Registration Must be Completed by January 1, 2019................................4Senate Committee Assignments: Sen. Gustavo Rivera to Chair Health................4DOH Releases Final AHHA Regulations; Guidance Expected in the Near Future....5Monthly Managed Care Meeting Yields Key Updates...........................................6Guidance Issued to MLTC Plans on LHCSA Contract Limitations...........................7HCA to Host Webinar Tomorrow on “Call-in Pay” Regulations.............................8HCA Capitol Report: Issue 1................................................................................9Home Care, Hospice and MLTC News Clips Straight to Your Inbox.........................9It ’s HCA Membership Renewal Time..............................................................9NYeC Multi-Sector Association Call Reviews Highlights, Priorities..............10House Extends MFP, Spousal Impoverishment Protections..........................11

HHA Claims Must Contain a County Code Starting Jan. 1, 2019........................12HHAs May Continue to Provide Part B Infusion Therapy in 2019-2020.............13Emergency Preparedness Update................................................................13Suffolk County Enacts Salary History Ban..................................................15Westchester Passes Bill Regarding Criminal History and Employment..........162019 Medicaid Levels Announced...............................................................16PHHPC Acts on Home Care and Hospice Applications.....................................17HHS Seeks Input on Improving Care Coordination, HIPAA Regs........................182017 National Health Expenditures Released.............................................18NGS Announces Upcoming Annual Logon ID Recertification...........................20NGS Closed on Christmas and New Year’s.....................................................20CMS Forum on Changes to Level II HCPCS......................................................20IRS Issues Standard Mileage Rates for 2019..................................................21Important Deadlines and Due Dates...............................................................22Health Resources......................................................................................23

MANAGED CAREUPDATES

The latest DOH managedcare meeting includesupdates on LHCSAcontracts, minimum wage,Community First ChoiceOption, and more.

PAGE 9

HCA RENEWALS

Have you reviewed HCA’srenewal packet yet? Thepackets were mailedearlier this month andwe encourage you torejoin for 2019 as soonas possible.

PAGE 6PAGE 5

AHHA

The State Register includesa final version of theAdvanced Home HealthAide rule, including DOHresponses to comments onnurse supervisionrequirements and more.

PAGE 12

COUNTY CODES REQUIRED

Medicare will require all claims tohave a county code as part of thechanges to the home health ruraladd-on. Importantly, all providers(whether rural or not) must enterthe code starting Jan. 1.

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2

The Situation Report is a weeklypublication of the Home CareAssociation of New York State(HCA). Unless otherwise noted,all articles appearing in TheSituation Report are the propertyof the Home Care Associationof New York State. Reuse of anycontent within this newsletterrequires permission from HCA.

Al CardilloPresident and CEO

[email protected]

Roger L. NoyesDirector of Communications,Editor of The Situation Report

[email protected]

Patrick ConoleVice President,

Finance & [email protected]

Andrew KoskiVice President,

Program, Policy & [email protected]

Alyssa LovelaceDirector for Policy and Advocacy

[email protected]

Lauren FordDirector of Program Research,

Development and Policy

[email protected]

Laura Constable Senior Director,

Membership & [email protected]

Celisia StreetDirector of Education

[email protected]

Mercedes Teague Finance Manager

[email protected]

Jenny KerbeinDirector of Governance &

Graphic [email protected]

Billi Wilson Manager, Meetings & Events

[email protected]

Teresa BrownAdministrative Assistant

[email protected]

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. 49 December 17, 2018

SURVEY from p. 1

At HCA’s Board of Directors meeting last week, much of theconversation dealt with the challenge of effectively telling oursector’s story to legislators, including the pressures facing theindustry. Many of the potential message points that werediscussed at the meeting are able to be captured by oursurvey, such as your staff vacancy rates, the cost impact ofwage and labor law changes on your organization, yourturnover rates, financial margins, and more.

To be effective in our advocacy, we need this data, which givessubstance to our messaging and allows us to tell a story.

Here are some tips:

It doesn’t matter how you complete the survey. Pleasechoose the easiest way possible. If you want to hand-write your responses into a printed PDF (which you canscan and e-mail/fax back to HCA), please feel free todo so and we will enter the data into our reportingsoftware. A link to the PDF version of the survey isbelow.

You may need to involve several staff to complete thesurvey, from your CEO to your CFO, to your clinical andoperational leaders. By printing or circulating the PDFinternally, you can delegate those component parts ofthe survey to relevant members of your team and thenenter the cumulative data into the online survey link or,again, just fax/e-mail us the completed survey.

Links

Download a PDF survey at https://hca-nys.org/wp-content/uploads/2018/12/201819HCAHomeCareIndustrySurvey.pdf.

Complete the survey online athttps://www.surveymonkey.com/r/201819industrysurvey.

We know this is a lot to ask of our members, but it is veryimportant and very much appreciated during this especiallybusy time of year. Thank you.

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The Situation Report: the Home Care Association of New York State Volume 3, No. 49 December 17, 2018

HIRING: RN / Staff Development Education Supervisor – Home Health

Full Time 9 am-5 pmDriven to Be the Best.

NYU Winthrop Hospital’s Home Health Agency ranks as a top-performing US Home Health Agency! Come join our stellar teamof nurses, therapy professionals and social workers who provide home health care to our maternal, child and adult population.

We have an exceptional opportunity for a Staff Development Education Supervisor to be responsible for home health staffeducation, development and professional growth, including orientation program (didactic and practical components).Collaborating with the Director of Quality Management/Staff Development and the departments’ management team, you willidentify, develop and plan appropriate staff development programs to support agency needs to provide optimum patientoutcomes. Working with the Administrator and the Director of Patient Services, you will research, coordinate and establish newprograms for the agency.

We require:

NYS Registered Nurse License BSN with 2 years’ experience in Education in a Certified home care agency; Master’s degree in Nursing, preferred 2-3 years clinical nursing practice 2 years’ community health nursing Good communication and basic computer skills, knowledge of agency clinical and business functions

To apply for our Staff Development Education Supervisor position, visit https://jobs.winthrop.org/job/8799934/registered-nurse-staff-development-supervisor-home-care-mineola-ny/

An EOE m/f/d/v.

CHAIR from p. 1

Every year, this program elevates and responds to the biggest policy issues facing home care leaders andtheir organizations. The upcoming Summit is no exception, with a pre-conference dedicated to the Patient-Driven Groupings Model, the Home Health Prospective Payment System, and other dominant federallandscape issues for the industry. Secondly, this Summit always offers an uplifting series of leadership sessions that renew my optimism. Goingbeyond generic leadership principles, these sessions are thematically distinctive for home care and thespecific concerns we face. Lastly, while we may think of New York’s home care concerns as unique (and in many cases they are), weshare a regional connection with colleagues in the other northeast states attending this premier conference. Ialways find the networking opportunities to be informative and inspiring. In fact, this kind of regionalnetworking can be an asset, as you’ll get to meet with peer agencies from entirely different marketplaces,which makes the exchange of ideas feel a bit freer. You may even find a peer leader whose agencydemographics, workforce and culture mirror your own organization in ways that you don’t find closer to homein New York — and you can learn from them. I look forward to seeing you in Boston on January 22 to 24 for exceptional professional development andnetworking opportunities, as well as policy insights from some of the brightest minds in the field.

Sincerely, -Susan Larman, BSN, MBAChief Executive Officer, VNA Home Health/Visiting Nurses Home CareChair, HCA Board of Directors

Editor’s note: registration for the summit is available on the Summit website athttp://nehomehealthsummit.com/.

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LHCSA Registration Must be Completed by January 1, 2019

HCA reminds member Licensed Home Care Services Agencies (LHCSAs) that they must complete the newRegistration process by January 1, 2019; if not, they will be terminated from managed care plan networks andnot be able to operate or receive reimbursement from any source.

While HCA has worked closely with the state Department of Health (DOH) and LHCSA members to ensure thatthey have completed the Registration process (which is part of the 2017 LHCSA Statistical Report), there arestill some members who have not registered certain branches/offices.

HCA has reached out to these LHCSAs and advised them to immediately contact DOH and work to addresstheir particular situation; otherwise, they may face termination of their managed care plan contracts as ofJanuary 1, 2019.

DOH has sent, and will continue to send, lists of non-registered LHCSAs to MLTC plans so that they can knowwhich LHCSAs have not registered.

For more information, contact Andrew Koski at [email protected] or (518) 810-0662.

Senate Announces Committee Assignments; Sen. Gustavo Rivera to Chair HealthCommittee

On Tuesday, December 11, the state Senate announced the following committee chair assignments:

Senate Aging Committee: Rachael May (Syracuse) Senate Finance Committee: Liz Krueger (Manhattan) Senate Health Committee: Gustavo Rivera (Bronx) Senate Insurance Committee: Neil Breslin (Albany) Senate Labor Committee: Jessica Ramos (Queens) Senate Mental Health Committee: David Carlucci (New City) Senate Rules Committee: Andrea Stewart-Cousins (Yonkers) Senate Social Services Committee: Roxanne Persaud (Brooklyn) Senate Transportation Committee: Tim Kennedy (Buffalo) Senate Veterans Committee: John Brooks (South Shore, Eastern Nassau and Suffolk Counties)

In January, the state Senate will be under Democratic control. In late November, Democrats named Senator AndreaStewart Cousins as Majority Leader. Last week, Senator Stewart-Cousins identified 38 out of 40 conferencemembers to serve as committee chairs in 2019. The Democrats now hold 40 of the 63 seats in the Senate.

Also announced today was the appointment of Crystal Peoples-Stokes (Buffalo) as Majority Leader in the stateAssembly.

HCA will be meeting with the newly appointed chairs in the coming weeks to discuss the Association’sbudgetary priorities that will impact home care, hospice and managed long term care plans. Members are alsoencouraged to engage with those chairs and their elected Senators who serve patients in their districts as partof HCA’s upcoming advocacy initiatives.

A full list of committee chair appointment is at https://dingo.telicon.com/NY/library/2018/20181211ZZ.PDF.

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DOH Releases Final AHHA Regulations, Guidance Expected in the Near Future

The December 12 State Register includes a Notice of Adoption from the state Department of Health(DOH) on the advanced home health aide (AHHA) designation.

The final DOH AHHA regulations are at https://docs.dos.ny.gov/info/register/2018/december12/rulemaking.pdf (page six) and are the same as the proposed regulations athttps://docs.dos.ny.gov/info/register/2018/may30/rulemakings.pdf.

The state Education Department (SED) adopted its own version of the AHHA regulations earlier this year.These should be read in tandem with DOH’s final regulations. SED’s AHHA regulation is athttp://www.regents.nysed.gov/common/regents/files/918ppca2.pdf.

In order for the AHHA to be implemented by interested providers, the regulations must first be adopted byboth state agencies and further guidance is also necessary on the development of AHHA trainingprograms. Included in DOH’s AHHA Notice of Adoption were responses to public comments. HCAsubmitted comments to both DOH and SED on the proposed rule earlier this year.

The Notice of Adoption included the following responses from DOH to HCA and other stakeholders’questions and concerns:

For the requirement of an RN “visit” to supervise the AHHA once every two weeks, both DOH andSED interpret this to mean an “in-person” visit.

When an individual declines services by an AHHA, the regulations authorize services to beprovided by an RN. DOH will consider whether a licensed practical nurse (LPN) could provide anappropriate level of care in the future.

In response to whether home health aides and personal care aides should be supervised by LPNs,the Department indicated that supervision of home health aides and personal care aides must beconducted by an RN, according to federal regulations. AHHAs may only be supervised by an RN.

Supervising RNs must be employed by the same entity which employs the AHHA. The minimumtotal hours of annual in-service training for AHHAs is 18 hours under the regulation. This includesthe initial 12 hours for initial home health training.

Clarification will be provided in future guidance regarding criminal history record check provisionsapplying to all unlicensed staff that have regular face-to-face interactions with residents.

DOH indicated that an RN who engages in improper behavior while supervising an AHHA shouldbe reported to the Department.

HCA spoke with DOH on Friday, December 14 to discuss the state’s plan to communicate the latest Noticeof Adoption to providers. DOH indicated that it will issue guidance on the AHHA program in the nearfuture.

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Monthly Managed Care Meeting Yields Key Updates on Requirements,Implementation of Budget Measures The state Department of Health’s (DOH) monthly meeting with Managed Long Term Care (MLTC) plansand associations focused on the status of state requirements and implementation of state budgetactions. The meeting’s main points follow.

LHCSA Registration

According to DOH, required registrations have been received from nearly all LHCSAs, though over 200 arestill outstanding. DOH advised MLTCs to continue emphasizing the urgency of registration to thosecontractors who must register in order to continue their contracts and services to the Medicaidpopulation. HCA circulated yet another alert to LHCSA members on Friday stressing in the strongest termsthe need for all LHCSAs to register (including any branch offices) in order to avoid disrupting care,reimbursement, contracts and, ultimately, the LHCSA’s eligibility to operate in the state.

Community First Choice Option (CFCO) Delayed

CFCO implementation continues to be unresolved and a start date will be delayed beyond January 1, asDOH explores options and solutions to issues raised by plans as well as HCA. The December 4 edition ofThe Situation Report outlined a consolidated approach that HCA had recommended, enabling CFCO to beimplemented in a manner that could relieve logistical problems for MLTCs and support provider deliveryof the service package. DOH will hold a December 20 webinar to give local districts and plans a statusupdate on CFCO progress to date and next steps for 2019.

Minimum Wage

DOH is reviewing the weekly survey of MLTCs to ensure that provider contracts and Consumer DirectedPersonal Assistance Services (CDPAS) Fiscal Intermediary Administrative Agreements reflect wageadjustments for minimum wage. This review will continue until the end of the year. DOH said it will thendetermine whether to extend the survey period. In the meantime, DOH asked that submissions andquestions be directed to [email protected].

Value Based Payment (VBP)

DOH is hosting a December 21 webinar, from 11 a.m. to noon, providing MLTCs with further guidance forVBP Year 2. DOH released revised dates for the Potentially Avoidable Hospitalization (PAH) measure.These dates were changed to January-June 2017 for the 2019 VBP year. DOH indicated that organizationsshould write to [email protected] if requesting final results of MLTC VBP Category 1 measures at aprovider level for the July-December 2016 or January-June 2017 periods.

Continued on next page

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Enrollment Update

Below are the enrollment statistics by managed care category, as of the end of November, for the totalpopulation of 244,006 enrollees:

MLTC partial capitation: 220,725 PACE: 5,776 Medicaid Advantage: 12,227 FIDA: 3,640 FIDA IDD: 1,138

Two important meetings are coming up later today (December 17) after The Situation Report editorialdeadline. They include a meeting on the future of FIDA and DOH’s plans for future integrated care models, aswell as a state finance meeting for MLTCs and member associations following up the Novembermeeting. Please stay tuned for any further substantive updates.

Guidance Issued to MLTC Plans on LHCSA Contract Limitations

The state Department of Health (DOH) has issued further guidance to Managed Long Term Care (MLTC) planson the state budget change that imposes limits on the number of Licensed Home Care Service Agencies(LHCSAs) that MLTC plans can contract with.

The guidance is at https://hca-nys.org/wp-content/uploads/2018/12/LHCSA_Reporting_Requirement.pdf.

It includes two spreadsheets to be completed by MLTCs: “LHCSA Network Survey” and “Continuity of Serviceand Continuity of Care Reporting.” The first of these should detail current contracts and those that are beingterminated. The second spreadsheet should be completed with all single case agreements entered on theappropriate tab.

These spreadsheets should be submitted to [email protected] by December 20, 2018.

In August, the state issued guidance on the LHCSA contract limits, as well as exceptions for when a LHCSAcontract may be excluded from the count towards the maximum number. The guidance is posted at:https://www.health.ny.gov/health_care/medicaid/redesign/mrt90/mltc_policy/lhsca_contract_guidance.htm.

DOH stresses that the completion of these spreadsheets does not replace the process for plans to requestexceptions to the maximum number of contracted LHCSAs based upon the need for adequate access toservices. Such exceptions must still be submitted to DOH as described in the previous guidance.

A statutory exception allows plans to extend a contract with a LHCSA for up to three months in order to assistwith continuity of care, but there are other continuity-of-care provisions. According to DOH, an enrollee’scurrent provider and services are to be maintained for 90 days when Medicaid recipients are transitionedfrom fee-for-service to MLTC. There is also a 120-day of continuity-of-care provision under MLTC Policy 17.02(https://www.health.ny.gov/health_care/medicaid/redesign/mrt90/mltc_policy/17-02.htm) for enrollees

Continued from previous page

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transferring to a new plan due to plan closure, service area reduction, or merger/acquisition or similartransaction.

Single case agreements created for the purposes of providing continuity of care (as in the situationsmentioned earlier) must be reported to DOH, and plans are permitted to exclude them from their calculationsof the LHCSA network cap during the applicable continuity-of-care period. After the requirement for continuity-of-care has elapsed, whether that is 90 or 120 days, the contract will be counted into the ratio. DOH advisesthat there is not an option for an additional three-month continuity-of-service exception once the continuityperiod is finished for a single case agreement that was entered into for the purposes of continuity-of-care.

DOH plans to separately send out an Annual Certificate of Compliance, to be completed by the plans andreturned to DOH, attesting that their LHCSA contracts are within the mandatory ratios for their region.

HCA to Host Webinar Tomorrow on “Call-in Pay” Following DOL’s Revised ProposedRegulations

Last week, HCA alerted members that the state Department of Labor (DOL) posted revisions to already-proposed employee scheduling (“call-in pay”) regulations.

In response to the revised regulations, HCA will host a free members-only webinar tomorrow, December 18from 11 a.m. to noon outlining the new “call-in pay” regulations.

The webinar will compare and contrast the updates and changes of the originally proposed rule with thecurrent proposal. The program will be presented by Benjamin Wilkinson, Principal at Hinman Straub, HCA’scontracted government affairs firm.

To register for this event, please complete the online form athttps://www.surveymonkey.com/r/callinpaywebinar.

Background

DOL alerted HCA in late November that the proposed changes would be issued in the December 12, 2018State Register. The newly proposed rule can be found on the DOL website athttps://www.labor.ny.gov/workerprotection/laborstandards/pdfs/employee-scheduling-proposed-rule.pdf.

An initial version of these regulations was proposed on November 22, 2017, requiring employers to provideadditional pay when a shift is cancelled or not scheduled within a certain advanced time requirement. It wouldalso mandate additional pay for employees who are required to be in contact with the employer about apossible upcoming shift. HCA commented and delivered testimony on the original proposals earlier this year(see https://hca-nys.org/general-news/4547).

The revised regulations will trigger yet another comment period where HCA will reiterate our call for the stateto carve-out the home care, hospice and MLTC sectors from the proposed regulations should they be adopted.

For a summary of the revised regulations, please see last week’s alert at https://conta.cc/2RQxDUS.

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HCA has prepared a document that compares the previously proposed regulations with the newly releasedregulations. It is posted at https://hca-nys.org/wp-content/uploads/2018/12/Call-in-Pay-side-by-side.pdf.

HCA will also submit comments to DOL now that the proposed rule has been released in the December 12,2018 State Register, which will include a 30-day comment period on the newly proposed regulations from theDecember 12 publication date. HCA encourages providers to submit language for inclusion with ourcomments. Please write to HCA’s Public Policy staff by December 28, 2018. Members may also submitcomments directly to the state by the January 11, 2019 deadline via e-mail to [email protected].

HCA Capitol Report: Issue 1

As previewed in last week’s edition of The Situation Report, HCA has a new monthly e-newsletter that we’vebegun circulating to the State Legislature called the HCA Capitol Report.

Our inaugural issue went out last week and was sent to HCA members as well as state legislators and keystaff. If you missed it, you can check out the December 2018 edition of the HCA Capitol Report at https://tinyurl.com/ydhn37gc.

As we build a bank of newsletter issues, we’ll post an archive to our website in the coming months.

Home Care, Hospice and MLTC News Clips Straight to Your Inbox

Each Wednesday and Friday, HCA sends a morning news clips distribution to executives in our database. Ifyou receive these clips, we encourage you to circulate them within your organization. If you aren’t receivingthe clips, but would like to, please notify HCA’s Communications Director Roger Noyes ([email protected]),given that the subscription list is different from our newsletter list.

The clips include articles from legal sources on regulations and compliance, trade publications, as well asgeneral news sites reporting on home care, hospice and MLTC news so you can see how the issues you careabout are being framed in the public sphere, which is important for your own PR purposes and understandingof the public conversation about your work.

HCA has created a page on our website where we are posting archives of the news clips from the past week,and will continue to do so, allowing you to catch up if you missed any of our distributions. Visit the newsclips archive today at https://hca-nys.org/headlines.

It’s HCA Membership Renewal Time

By now your organization should have received HCA’s membership renewal packets in the mail, as we headinto a new and exciting membership year for 2019.

There’s a lot new happening at HCA: new policy staff; new program areas under development; excitingeducation offerings; new upcoming communications vehicles; and other work to fulfill our mission on behalfof the membership.

Continued on next page

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Your renewal packets included a letter from HCA’s Senior Director of Membership and Operations LauraConstable, along with an invoice and our annual member value statement, which, this year, highlights some ofthe ways that members have rated HCA’s offerings. You can read our Value Statement online athttps://hca-nys.org/wp-content/uploads/2018/12/2019-HCA-Value-Statement.pdf.

Please return your membership renewals as soon as possible. If you have any questions, or did not receive thematerials to renew, contact Laura Constable at (518) 810-0660 or [email protected].

NYeC Monthly Multi-Sector Association Call Reviews 2018 SHIN-NY Highlights and2019 Priorities

Representatives from HCA recently participated in the third installment of the New York State eCollaborative(NYeC) multi-sector association workgroup. As previously reported, this monthly workgroup is designed tofacilitate ongoing communication between NYeC and each health care sector represented by the association.

NYeC is New York State’s designated entity for Health Information Exchange (HIE) and the state Department ofHealth’s (DOH) prime contractor for the Statewide Health Information Network for New York (SHIN-NY).

This workgroup is also part of a larger stakeholder engagement initiative being used to successfullyimplement SHIN-NY’s 2020 HIE Roadmap to “Improving Health in our Communities.”

NYeC’s 2020 Roadmap can be found here:http://www.nyehealth.org/nyec16/wp-content/uploads/2017/07/SHIN-NY-2020-Roadmap_July-2017.pdf.

According to NYeC Executive Director Valerie Gray, SHIN-NY usage has increased 50 percent since last year.Also highlighted were the creation of an enhanced statewide security system with HITRUST, the expansion ofstatewide alerts, improved quality measurement reporting, new Qualified Entity (QE) performance metrics,clarification on research consent requirements, and the expansion of the Data Exchange Incentive Program(DEIP) to include home care and hospice connections.

The National Opinion Research Center (NORC) has been awarded funding to design, administer and analyze SHIN-NY Usage & Customer Satisfaction (UCS). It will be used as a metric for inclusion in QE Performance-BasedContracting. NYeC plans to identify representatives from each association to assist with administering surveys toparticipating members. More information on the UCS process will be released as it becomes available.

Reminder: Sign up for DEIP!

We remind all HCA members that DEIP funding has been extended for home care and hospice providersthrough September 2020 (or until funding is exhausted).

This extension is a valuable opportunity for providers to gain funds that will enable them to connect andexchange critical health information with other providers. (Seehttps://hca-nys.org/wp-content/uploads/2018/09/DEIP-Article-36-40-September-2018.pdf.)

SHIN-NY allows for connectivity among providers for the electronic exchange of information through yourelectronic health records (EHR). This state-run system helps providers improve patient outcomes, reduce

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unnecessary and avoidable tests and procedures, and lower costs through your connection to any of theeight QEs, which are regional hubs participating in SHIN-NY for the sharing of information.

While there are charges for connecting to the QE in your region, the state and federal governments haveauthorized this now-extended incentive program to help defray the costs of participation through twopayments of $2,000 and $11,000 per-connection, on the basis of providers applying for connectivity andmeeting certain milestones.

The fact sheet linked earlier in this article includes DEIP eligibility requirements for providers seekingfunds, including a menu of options for meeting EHR privacy and security requirements, cybersecurityassessment criteria, or confidentiality and privacy audit outcomes (i.e., an SOC 2, Type II audits with nomaterial findings).

In addition to the eligibility requirements, providers must meet two milestones, which should be completedby September 30, 2020, as outlined in the DEIP document. Funds are available on a rolling basis, andproviders receiving funds must agree to exchange certain data elements.

House Approves Bill to Extend ‘Money Follows the Person’ and SpousalImpoverishment Protections

The U.S. House of Representatives on December 11 passed the IMPROVE Act (H.R. 7217), which extendstwo Medicaid programs for older adults and people with disabilities and establishes a new Medicaidprogram designed to move pediatric patients with medically complex conditions from institutional settingsinto community settings.

The bill will now proceed to the Senate for its consideration.

The IMPROVE ACT is at https://www.congress.gov/bill/115th-congress/house-bill/7217/text.

It extends the Medicaid Money Follows the Person (MF) Demonstration program for three months,preventing a further lapse in funds at the end of December and setting up the next Congress to consider afull reauthorization in early 2019.

First authorized in the Deficit Reduction Act of 2005, MFP was officially launched in 2007 and is designedto help with rebalancing care from institutional to non-institutional settings. Funds are eligible to be usedon home modifications, equipment, and services, such as home care, to keep people in their homes.

Similarly, the IMPROVE Act temporarily continues the guarantee of spousal impoverishment protections forolder adults and people with disabilities when one is receiving Medicaid coverage for home andcommunity-based services (HCBS). Set to expire on December 31, these protections allow married couplesto protect certain assets while seeking Medicaid coverage for home and community-based services(HCBS).

Spousal impoverishment protections were initially established to allow the spouse (community spouse) ofa Medicaid recipient (institutional spouse) to maintain specified levels of assets and income when the

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institutional spouse was admitted to a skilled nursing facility within Medicaid. The Affordable Care Actextended these protections to situations where the institutional spouse was receiving HCBS.

HHA Claims Must Contain a County Code Starting Jan. 1, 2019Requirement relates to rural add-on, though all providers must complete the county code

The U.S. Centers for Medicare and Medicaid Services (CMS) will require all Medicare home health claims toinclude the county code, even if they are not subject to the rural add-on payments.

Change Request No. 10782 (https://www.cms.gov/Regulations-and-Guidance/Guidance/Transmittals/2018Downloads/R4106CP.pdf) provides instructions to the Medicare Administrative Contractors (MACs) on therural add-on payments for home health agencies (HHAs) that go into effect January 1, 2019.

Changes to the rural add-on payments were included in the 2018 Bipartisan Budget Act (BBA) and laterincluded in the final 2019 Home Health Prospective Payment System Rule (HHPPS). This provision alsorequires that, beginning January 1, “the claim contains the code for the county (or equivalent area) in whichthe home health service was furnished.”

Therefore, CMS will require all home health claims to include the county code, even if they are not subject tothe rural add-on payments.

CMS received approval for a new value code (85) to be placed on claims, defined as “County Where Service isRendered.” This is in addition to the CBSA code, value code 61, on the claim.

To view the state and county Federal Information Processing System (FIPS) code list, go tohttps://www.census.gov/geographies/reference-files/2017/demo/popest/2017-fips.html.

As a reminder, the rural add-on amounts were revised by the 2018 BBA as follows:

Low Population Density Home Health Agencies (counties with 6 or fewer people per square mile,also known as “frontier” counties): 4 percent add-on in 2019; 3 percent add-on in 2020; 2 percent add-on in 2021; and 1 percent add-on in 2021

High Utilization Counties (top quartile of utilization on average): 1.5 percent add-on in 2019 and 0.5percent add-on in 2020

All Other Rural Areas: 3 percent add-on in 2019; 2 percent add-on in 2020; and 1 percent add-on in2021

Based on an HCA analysis, Hamilton County will fall under the “Low Population Density” or “frontier”category, while the remaining 23 rural counties in New York will fall under the “All Other” category.

In response to this requirement, the MACs have been instructed to:

Accept value code 85 and an associated FIPS State and County Code on home health claims, Type ofBill (TOB) 032x, received on or after January 1, 2019.

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Apply rural payment rates based on whether the FIPS State and County Code is in the list of codesassociated with one of three categories of rural counties.

Return the claim for correction when the FIPS State and County Code is missing or invalid.

HHAs May Continue to Provide Part B Infusion Therapy in 2019-20

The National Association for Home Care and Hospice (NAHC) reports that Medicare will allow home healthagencies to continue providing Part B infusion therapy services as currently structured while the systemtransitions (2019-2020) toward the new, separate home infusion therapy benefit.

The 21st Century Cures Act (Act) included a provision that called for a new home infusion therapy benefitunder Medicare Part B. The benefit would provide professional services to beneficiaries receiving homeinfusion therapy through a pump that is an item of durable medical equipment (DME).

Medicare presently covers a limited number of home infusion drugs under the Part B, DME benefit when thedrug requires infusion by a pump. These drugs include chemotherapy, inotropic medications, certain painmedications, immunoglobulin therapy, and anti-fungal medications.

The U.S. Centers for Medicare and Medicaid Services (CMS) has established a new Medicare supplierdesignation called “Home Infusion Therapy Suppliers” to administer the new benefit. These qualifiedsuppliers are defined as a pharmacy, physician, or other provider licensed by the state where services areprovided. Home health care and hospice providers are eligible to be accredited as home infusion therapysuppliers when the benefit becomes a permanent program.

The new benefit includes: the professional service, such as nursing services, under a physician establishedplan of care that is periodically reviewed; training and education on infusion therapy; remote monitoring; and24/7 availability by the supplier. CMS would permit remote monitoring to be follow-up telephone calls or on-site visits.

Full implementation of the home infusion therapy benefit will begin in 2021, once the benefit becomes apermanent program; at this time, beneficiaries will only be able to receive the services through a homeinfusion therapy supplier.

Emergency Preparedness Update

Last week, HCA met with state Department of Health (DOH) officials from the Office of EmergencyPreparedness (OHEP) and the Office of Primary Care and Health Systems Management (OPCHSM) as part ofa monthly meeting with the state’s home care associations – HCA and the New York State Association ofHealth Care Providers (HCP) – who receive funding to work with all home care and hospice providers tosupport their roles in emergency preparedness.

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Toolkit

The group discussed a recently released Emergency Preparedness Toolkit that was developed for home careand hospice providers, their patients and families. The toolkit is available athttps://issuu.com/hcanys/docs/emergency_preparedness_toolkit?e=0.

HCA and HCP compiled the toolkit, with the assistance of a workgroup of providers and DOH.

The toolkit is a compilation of resources for agencies to use in assisting patients and families onpreparations for any type of emergency situation. The information within the toolkit can be provided topatients and their families at the time of admission to an agency so that the planning process is begun andin place as intended – well before an emergency event takes place. The resources address a variety ofissues and considerations necessary for effective preparedness planning.

This toolkit should also assist agencies and patients under the new federal Conditions of Participation foremergency preparedness, which require patient-specific emergency plans.

The toolkit can be shared in its entirety with staff, patients and families, or an agency can select fromamong the resources provided that best fit the needs of their staff and clients.

IOC/CST/MCM Exercises

From February through May 2019, OHEP will hold regional Interoperable Communications (IOC), CoalitionSurge Tests (CST) and Medical Countermeasures (MCM) exercises outside of New York City (NYC). Homecare providers can, but are not required to, participate in the drills and can use them to meet one of theirfederal and/or state emergency preparedness requirements.

The IOC/CST drills will involve an emergency that causes a number of hospitals to evacuate a certainamount of patients and seek placement in other acute care hospitals, nursing homes or to someone’s homewith home care.

The Medical Countermeasures drill will consist of a simulated anthrax dispersal and distribution ofmedications to prophylax the community.

At this time, the dates for the drills are:

Central NY MCM – February 27 Western NY & Finger Lakes MCM – April 3 Capital District MCM – April 11 Long Island MCM – April 18 Lower Hudson Valley MCM – May 9

The IOC/CST drills at the above locations are expected to be one or more days prior to the MCM exercise.HCA requested, and DOH agreed to provide, a webinar on the upcoming IOC/CST/MCM drills.

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For the upcoming IOC/CST/MCM drills, agency contacts in the Health Commerce System (HCS) will receive thedrill approximately 90 minutes prior to the drill being activated, and they will have 60 to 90 minutes tocomplete the exercise. HCA will alert members once drills have been activated. Note: in the past, these drillalerts were sent to certain individuals in the HCS communications directory, not by e-mail directly to agencies,so it is important not only to keep your HCS directory listings up-to-date.

At the DOH meeting, HCA reviewed some of the issues encountered by members in the fall IOC/CST drills.These issues included home care providers that were not notified about the drills because they have offices inNew York City but they serve Long Island and/or Westchester (where the drills were in effect). Providers alsoneeded assistance completing the After-Action Reports and additional further education.

The group also reviewed other deliverables that the home care associations are responsible for this year,including participating in Health Emergency Preparedness Coalition (HEPC) meetings, holding an All-Partnersemergency preparedness networking program on Long Island (which occurred on November 8), distribution ofthe Emergency Preparedness Toolkit, and more.

Long Island HEPC Meeting

On December 6, HCA attended the Long Island HEPC meeting, which covered partner updates andpresentations on: 1) the services and patients in various adult care facilities, including adult homes, AssistedLiving Programs, and Assisted Living Facilities; 2) shelters and other services of the American Red Cross; 3) aHospital Active Shooter exercise; 4) the emPOWER and Social Vulnerability Index; and 5) the HEPC Surge TestExercise.

HEPCs are coalitions of health care providers, local and state emergency management and local public healthpreparedness officials that develop and coordinate emergency preparedness across the continuum, includingreadiness among individual health sectors, holding exercises and ‘hot washes,’ conducting hazard andvulnerability assessments and other important activities.

HCA consistently has encouraged members to participate in their local HEPCs so agencies can develop anetwork of community partners and resources which will assist in the preparation and response foremergencies. A listing of upcoming HEPC meetings is in the December 3 edition of The Situation Report.

For more information, contact Alyssa Lovelace at (518) 810-0658 or [email protected]; or Andrew Koski at(518) 810-0662 or [email protected].

Suffolk County Enacts Salary History Ban

The Suffolk County Legislature has unanimously enacted a bill that will prohibit employers and their agentsfrom inquiring about a job applicants’ wage or salary history during the hiring process or rely upon suchinformation in setting a new employee’s compensation.

The Restricting Information on Salaries and Earnings Act (the “RISE Act”) goes into effect on June 30, 2019 andcan be accessed at https://www.scnylegislature.us/DocumentCenter/View/57524/Introductory-Resolution-1856-18-PDF?bidId.

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The legislation applies to employers with four or more employees.

It will not apply to any actions taken by employers, employment agencies or employees pursuant to anyfederal, state or local law that requires the disclosure or verification of salary for employment purposes. Inaddition, it will not apply to the exercise of any rights under a collective bargaining agreement.

According to the Littler Law Firm, similar legislation has been enacted in New York City, Westchester andAlbany. Home care providers in Suffolk County should review their employment policies and hiring practicesto make any necessary changes to meet the requirements of this new law.

Westchester Passes Legislation Regarding Criminal History and Employment

The Westchester County Board of Legislators passed legislation on December 3 that would prohibitemployers from inquiring about an applicant’s criminal conviction or arrest record in employmentapplications.

The law is at http://westchestercountyny.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=19985.

If signed by the County Executive, it will go into effect 90 days after being signed.

The law also bans employment advertisements, solicitations, or publications containing any “limitation, orspecification in employment based on a person’s arrest record or criminal conviction.” After submission of anemployment application, an employer may inquire about the applicant’s arrest or conviction record “inaccordance with New York State Executive Law section 296(16).”

Notably, the law does not apply “to any actions taken by an employer pursuant to any state, federal or locallaw that requires criminal background checks for employment purposes or bars employment based oncriminal history.”

Agencies that serve Westchester should check with their counsel to ascertain the effect of this law on theirpractices and to determine if they need to change any policies and procedures.

2019 Medicaid Levels Announced

The state Health Department has posted the 2019 Medicaid income and resource levels.

They are at https://www.health.ny.gov/health_care/medicaid/publications/pub2018gis.htm (see GIS 18 MA/015).

The new amounts are:

Monthly Medicaid Income levels: $859 for individuals (up from $842 in 2018) and $1,267 for couples(up from $1,233);

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Resource levels: $15,450 for individuals (up from $15,150) and $22,800 for couples (up from$22,200), plus individuals can set aside $1,500 for burial purposes and couples can set aside$3,000 for burial expenses;

Community spouse minimum monthly maintenance needs allowance: $3,160.50 (up from $3,090);

Maximum federal Community Spouse Resource Allowance: $126,420 (up from $123,600); and

The home equity limit for Medicaid coverage of nursing facility services and community-basedlong-term care: $878,000 (up from $858,000).

PHHPC Acts on Home Care and Hospice Applications

On December 13, 2018, the Public Health and Health Planning Council (PHHPC) met and acted upon anumber of applications by Certified Home Health Agencies (CHHAs), Hospices and Licensed Home CareServices Agencies (LHCSAs).

The following applications were approved:

One Certified Home Health Agency (CHHA) to merge with another CHHA;

One CHHA to establish one entity as its parent and another entity as its grandparent;

One hospice to merge with another hospice;

One Licensed Home Care Services Agency (LHCSA) for a change in ownership (under themoratorium exception for applications that address a serious concern such as lack of access tohome care services in a geographic area or special needs services);

Two entities to become LHCSAs affiliated with an Assisted Living Program (ALP); and

One LHCSA affiliated with an ALP for a change in ownership.

The PHHPC disapproved an application by one CHHA for a 3-year extension to its limited life operatingcertification.

The agenda and supporting documents are athttps://www.health.ny.gov/facilities/public_health_and_health_planning_council/meetings/2018-12-13/.

All meetings of the PHHPC and its committees can be viewed via webcast athttps://www.health.ny.gov/events/webcasts/.

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HHS Seeks Input on Improving Care Coordination & Reducing HIPAA RegulatoryBurdens

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently issued aRequest for Information (RFI) seeking input on how the Health Insurance Portability and Accountability Act(HIPAA) rules, especially the HIPAA Privacy Rule, could be modified to further promote coordinated, value-based health care.

HIPAA rules are designed to protect individuals’ health information privacy and security interests, whilepermitting information sharing needed for important purposes. However, in recent years, OCR has heard callsto revisit aspects of the rules that may limit or discourage information-sharing needed for coordinated care orto facilitate the transformation to value-based health care. The RFI requests information on any provisions ofthe HIPAA rules that may present obstacles to these goals without meaningfully contributing to the privacyand security of protected health information (PHI) or patients’ rights.

In addition to broad input, the RFI also seeks comments on specific areas of the HIPAA Privacy Rule,including:

Encouraging information-sharing for treatment and care coordination.

Facilitating parental involvement in care.

Addressing the opioid crisis and serious mental illness.

Accounting for disclosures of PHI for treatment, payment, and health care operations as required bythe HITECH Act.

Changing the current requirement for certain providers to make a good-faith effort to obtain anacknowledgment of receipt of the Notice of Privacy Practices.

The RFI may be downloaded from the Federal Register at https://www.govinfo.gov/content/pkg/FR-2018-12-14/pdf/2018-27162.pdf and public comments on the RFI will be due by February 11, 2019.

2017 National Health Expenditures Released

The Office of the Actuary at the U.S. Centers for Medicare and Medicaid services (CMS) completed ananalysis on the 2017 National Health Expenditures. It is estimated that health care spending in the U.S. grewat a rate of 3.9 percent to $3.5 trillion in 2017, equal to $10,739 per person. Health expenditures accountedfor 17.9 percent of Gross Domestic Product (GDP) share, almost matching its 2016 growth of 18 percent andshowing signs of share stabilization.

The data is available at https://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/NationalHealthExpendData/NationalHealthAccountsHistorical.html.

While GDP shares have stabilized, 2017 presented much slower growth in health care spending compared toprevious years. On a per-capita basis, national spending grew by only 3.2 percent, a decrease compared to

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the growth of 4 percent in 2016. The deceleration in spending costs is primarily attributed to the slowergrowth in hospital care, physician and clinical services, and retail prescriptions drugs.

Home Health Care Overview

Making up 3 percent of the GDP share, freestanding home health care agency spending grew by 4.3 percentin 2017, the same as 2016, to $97 billion. Slower growth in Medicaid spending and private health insurancespending was offset by faster Medicare spending and out-of-pocket spending. Together, Medicare andMedicaid made up 76 percent of home health care spending nationally in 2017. (See chart below.)

Making up the remaining 24 percent were private health insurers, out-of-pocket costs, third-party payers,and other health insurance programs. Private health insurance reached $10.8 billion in spending, showingminimal growth from 2016 and continuing its steady decline in growth since 2013. Out-of-pocket spendinghit $9 billion, growing 4.6 percent and reaching its highest spending point since 2013.

Medicaid spending ended 2017 at $35 billion, slowing its overall growth to 3.7 percent compared to 4.4percent growth in 2016. This decline has expanded the spending distribution gap between Medicaid andMedicare. Medicare now accounts for 40 percent of the spending, growing at a rate of 4.8 percent, reaching$38.8 billion.

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NGS Announces Upcoming Annual Logon ID Recertification

National Government Services (NGS), New York’s principal Medicare Administrative Contractor (MAC), willbegin the Fiscal Intermediary Standard System Direct Data Entry (FISS DDE) logon recertification beginning theweek of January 7, 2019 for New York and Connecticut Medicare providers.

The recertification process must be completed by January 21, 2019 for New York or else FISS DDE access willbe removed. Those logon IDs will be required to submit additional paperwork to have access restored.

Users who have an active logon ID with access to Part A or Home Health and Hospice will be issued an accesscode by e-mail. The e-mail will be sent to the current authorized address on file with NGS’s electronic datainterchange (EDI).

All logon IDs must complete the recertification process within ten business days of receiving the access code.Any logon ID that has been assigned new or reinstated after December 31, 2018 will not be required torecertify until the following year’s recertification.

NGS recommends that FISS DDE users watch their e-mail beginning the week of January 7, 2019 and completethe recertification per the instructions provided along with your access code. If you do not receive an email byWednesday, January 9, 2019, you should submit a Recertification Inquiry Form at:https://enrolledi.ngsmedicare.com/recertinquiry.

NGS Closed on Christmas and New Year’s

NGS will be closed on December 25 and January 1 for the Christmas and New Year’s Holidays. This includesthe Electronic Data Interchange (EDI) Help Desk, Provider Contact Center, Provider Enrollment Line, andTelephone Reopening Unit.

Electronic claim files transmitted after 5 p.m. on Monday, December 24 and Monday December 31 will have aclaim receipt date of Wednesday, December 26, 2018 or Wednesday, January 2, 2019, respectively. EDI front-end acknowledgement transactions will be created as expected as EDI claim files are received. The DirectData Entry (DDE) Provider Online System will be available on December 26 and January 2 during regular hoursand providers will also be able to access NGSConnex and use the Interactive Voice Response (IVR) system at1-866-275-3033 during the closure days.

CMS Special Open Door Forum (ODF) on Level II HCPCS

The U.S. Centers for Medicare and Medicaid Services (CMS) is hosting a Special Open Door Forum (ODF)tomorrow, December 18, to announce changes to CMS Level II Healthcare Common Procedure Coding System(HCPCS) Coding Procedures and HCPCS Code Application Procedures effective in the 2019-2020 HCPCS codingcycle. All stakeholders are invited to ask questions and learn more about these process changes as detailedon CMS’s HCPCS website at: http://www.cms.gov/Medicare/Coding/MedHCPCSGenInfo/index.html.

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CMS is also interested in adopting changes to the HCPCS process that facilitate the adoption of newtechnologies while balancing the burden on payers and providers. The following changes will be made tothe HCPCS coding process for calendar year 2019:

1. Clarifying and updating website guidance associated with the application process to promotetransparency and clarity. (See the HCPCS Code Application Form and Instructions 2020 at https://www.CMS.gov/Medicare/Coding/MedHCPCSGenInfo/Application_Form_and_Instructions.html).

2. A new electronic application process and the first public beta test of this process with a limitednumber of stakeholders for the 2019 cycle. (See the announcement of CMS’s public beta test under“What’s New” on CMS’s General Info site at:https://www.CMS.gov/Medicare/Coding/MedHCPCSGeninfo/index.html).

3. Eliminating the three percent (of market) volume criteria for non-drug items. CMS will continue tocollect marketing data on the application to support the establishment of a new code.

4. Providing more detailed responses to applications in order to provide for greater transparency andto assist the public in understanding CMS’s decision-making.

5. Providing for remote participation in HCPCS public meetings.

Dial-in information for the call is below.

Participant Dial-In Number: 1-800-837-1935 Conference ID number: 3073759

IRS Issues Standard Mileage Rates for 2019

The Internal Revenue Service (IRS) recently issued the 2019 optional standard mileage rates used tocalculate the deductible costs of operating an automobile for business, charitable, medical or movingpurposes.

Beginning on Jan. 1, 2019, the standard mileage rates for the use of a car (also vans, pickups or paneltrucks) will be:

58 cents per mile driven for business use, up 3.5 cents from the rate for 2018;

20 cents per mile driven for medical or moving purposes, up 2 cents from the rate for 2018; and

14 cents per mile driven in service of charitable organizations.

The standard mileage rate for business use is based on an annual study of the fixed and variable costs ofoperating an automobile. The rate for medical and moving purposes is based on the variable costs.

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Upcoming Deadlines and Due Dates

Requirement/Change Effective/Due Date More Information

“LHCSA Network Survey” and

“Continuity of Service and

Continuity of Care Reporting”

spreadsheets must be

submitted by MLTC plans to

state Department of Health

December 20, 2018 [email protected]

Transition Period for Using

Health Insurance Claim

Number (HICN) or new

Medicare Beneficiary Identifier

(MBI)

April 1, 2018 to December 31,

2019https://www.cms.gov/Medicare/New Medicare Card/index.html

2017 LHCSA Statistical Report

Due

LHCSAs will face fines if

submitted between

November 16, 2018 and

December 31, 2018

https://commerce.health.state.ny.us/public/hcs_login.html

LHCSA Registration Process

Must be submitted with

LHCSA Statistical Report; if not

submitted by January 1, 2019,

agency will not be able to

operate or receive

reimbursement from any

source

https://commerce.health.state.ny.us/public/hcs_login.html

Federal Deficit Reduction Act

Compliance Certification form

December 1 to December 31,

2018https://omig.ny.gov/dra certification

State Mandatory Compliance

Certification formDecember 31, 2018 https://omig.ny.gov/ssl certification

MinimumWage Increase December 31, 2018https://www.labor.ny.gov/workerprotection/laborstandards/work

prot/minwage.shtm

Submission of marketing

materials used prior to

November 1, 2018 by Fiscal

Intermediaries to state

Department of Health under

“amnesty” review process

December 31, 2018https://www.health.ny.gov/health_care/medicaid/redesign/mrt90

/mltc_policy/docs/2018 10 22_fiscal_advert_policy.pdf

OASIS D for Certified Home

Health AgenciesJanuary 1, 2019

OASIS D Guidance Manual:

https://www.cms.gov/Medicare/Quality Initiatives Patient

Assessment

Instruments/HomeHealthQualityInits/HHQIOASISUserManual.html

Comments due on state

Department of Labor proposed

employee scheduling/call in

pay rule

January 11, 2018 [email protected]

2017 CHHA and LTHHCP

Statistical ReportFebruary 1, 2019 https://commerce.health.state.ny.us/public/hcs_login.html

2017 Hospice Cost and

Utilization ReportFebruary 1, 2019 https://commerce.health.state.ny.us/public/hcs_login.html

Page 23: AHHA MANAGED CARE HCA RENEWALS COUNTY ......resume publication on January 7, 2019. Also, HCA's offices will be closed for the holidays from December 24 to January 1, reopening on January

23

The Situation Report: the Home Care Association of New York State Volume 3, No. 49 December 17, 2018

Health Resources

“MACStats: Medicaid and CHIP Data Book,” by the Medicaid and CHIP Payment and AccessCommissionhttps://www.macpac.gov/wp-content/uploads/2018/12/December-2018-MACStats-Data-Book.pdf

“Trends in Postacute Care Spending Growth During the Medicare Spending Slowdown,” by theCommonwealth Fundhttps://www.commonwealthfund.org/publications/issue-briefs/2018/dec/postacute-care-spending-growth-medicare

For more information, contact Andrew Koski at [email protected] or (518) 810-0662.