Kansas Health Care Association and the Kansas Center for Assisted Living
In this Issue

November 25, 2008

Association News

 
  Economic Impact of LTC Facilities

According to a June 2008 report prepared by the Lewin Group for AHCA, LTC facilities in Kansas support an estimated $3,589.4 million or 3.0 % of the state’s economic activity.  For purposes for the report, LTC facilities include nursing homes, assisted living, and other residential care facilities and exclude government-owned and hospital-based facilities.  The report states that LTC facilities support $1,616.7 million in labor income, contribute to approximately 57,300 jobs, and generate $505.6 million in tax revenue. 
Click here to view the entire report.

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  Team TSI Corporation Report

Team TSI Corporation has been publishing this FREE report for several years, during the last few months we have noticed that CMS randomly removes facilities that are still deemed SFF and a couple months later puts them back without reason, as well there are several facilities on the current listing that have met the graduation requirements yet they have not been categorized as “Graduated”. Click here to view the report.

 

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  Misc. Updates

OIG Releases Updated Exclusions List - Be Sure To Check It Out!

The Office of Inspector General (OIG) has posted the monthly update to its List of Excluded Individuals and Entities (LEIE) that identifies individuals and entities excluded from participation in any Federal health care program as of July 2008. The updated LEIE, which can be downloaded, contains a complete list of all exclusions currently in effect. Individuals and entities that have been reinstated to Federal health care programs are not included in the LEIE file.

Long term care providers should routinely check the OIG's LEIE as Federal law prohibits providers from employing or contracting with any individual or entity who is excluded from participation in Federal health care programs (e.g., Medicare/Medicaid) for the provision of items or services for which payment may be made by those programs. For long term care providers that means all employees—unless the provider employs individuals who work strictly with private pay patients and do not furnish any items or services to Federal program beneficiaries. A provider who employs or contracts with an excluded individual or entity in violation of the law is subject to the imposition of a civil monetary penalty by the OIG.  Again, to ensure compliance, long term care providers should routinely check either the online, searchable format or the downloadable OIG LEIE database.  Instructions for accessing either format can be found on the OIG website here


ADA Amendments Effective January 2009

President Bush recently signed the Americans with Disabilities Act Amendments Act of 2008 (ADAA), which will go into effect on January 1, 2009.  The ADAA makes important changes to the definition of the term "disability" by rejecting previous holdings in the U.S. Supreme Court that narrow the interpretation of what is a protected "disability" under the law. The ADAA expands what is meant by "substantially limits" and "major life activities." Courts will now classify an individual as disabled even if their limitations are not "severe" and impairments are not "long-term or permanent." Further, the ADAA now classifies a person as disabled, even if his/her impairment does not affect major life activities because it is adequately controlled by medication or medical devices. The ADAA also will change the current U.S. Equal Employment Opportunity Commission (EEOC) ADA regulations. 


CMS Instructs States to Refund Medicaid Funds Recovered by Fraud

In recent correspondence to the State Health Official, CMS explains its policy for refunding the Federal share of Medicaid overpayments, damages, fines, penalties and any other component of a legal judgment or settlement that a State recovers pursuant to legal action under its State False Claims Act (SFCA). Monies recovered by states under their SFCA must be refunded to the federal government at the federal medical assistance percentage rate, according to CMS. This policy is already being challenged in Alabama.

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  Washburn Adds Course to Spring Calendar

The Washburn University Human Services department is announcing an additional course to the curriculum for Spring 2009 semester. 

HS390- “Human Services working with the Hispanic Community” (3 credit hours)
Instructor: Jose Marquez, ABD/PhD, LMSW

The course will offer an introduction to providing services to the Hispanic population, including awareness of cultural values and practices, basic Spanish language interaction, as well as community outreach and services. Topics will include addiction counseling and victim/survivor services. Open to all practitioners, professionals, volunteers, and agencies.  For more information contact The Department of Human Services at (785)670-2116.  For enrollment contact Washburn Admissions at (785)670-1030.

 

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  Resident Satisfaction Committee Links

Advancing Excellence is a new coalition based, two-year campaign that launched in September 2006. The campaign is reinvigorating efforts to improve the quality of care and quality of life for those living or recuperating in America's nursing homes.
http://www.nhqualitycampaign.org/.


My InnerView’s  Quality ProfileTM tool assists leaders in monitoring pressure ulcers and physical restraints within their nursing homes as well as sets organizational targets for clinical quality improvement. Our Satisfaction Surveys allow facilities to measure resident, family and staff satisfaction.
http://www.myinnerview.com/

Kansas Culture Change Coalition is a group that provides support to long-term care organizations striving to develop systems that value the dignity of each individual who lives and works within their setting.  It is an organization of diverse interest groups that combine their talents to effect change that is hard to do as individuals.  The Kansas Culture Change Coalition maintains the vision of the Pioneer Network that supports a culture of aging that is life affirming, satisfying, humane, and meaningful.  Culture Change can transform a "facility" into a "home, a "patient/resident" into a "person", and a "schedule" into a "choice".
http://www.kansasculturechangecoalition.org/.


KFMC’s work with KS nursing homes assists nursing home staff with improving care processes on the clinical quality measures. Nursing homes who have committed to working with KFMC over the past five years have made significant progress in reducing quality measure rates.
http://www.kfmc.org/.

QIS Updates- click on tab 9 to access the Critical Element Pathways at
http://www.aging.state.ks.us/Manuals/QIS/TabIndex.html.  Click here for the Resident Interview and Resident Observation forms. http://www.aging.state.ks.us/Manuals/QIS/Tab05/CMS-20050_Resident_Interview_and_Observation.pdf


Click here for Provider Manual Updates from the KMAP website


 

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AHCA News

 
  AHCA/NCAL's Not For Profit Newsletter

AHCA/NCAL has it’s first edition of “Not for Profit News”, a newsletter for NFP nursing, assisted living, and developmental disabilities providers.  Click here to view it:

 

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CMS Updates

 
  CMS Update on Medicare Plan Finder FAQ and Outreach Materials

Re-Assignment & Choosers Notices – The partner notification announcing Re-Assignment and Choosers was released in early November. Both notices were mailed to beneficiaries this week. In addition, the 2008 data sets for the three notices are available on www.cms.hhs.gov/limitedincomeandresources/ . The dataset includes counts for those who were re-assigned to another plan within the same plan sponsor and those who were re-assigned to another plan outside of their current plan sponsor. For example, ABC Company may have more than one plan that has a premium at or below the benchmark for 2009. If someone with LIS was in an ABC Company plan where their premium went above the benchmark for 2009, that individual was reassigned to one of the other ABC Company plans that met the benchmark criteria.

Outreach Materials – Many open enrollment materials are available for use in the field. These materials can be used by anyone who wishes to promote open enrollment. Materials include drop-in articles, customizable event fliers, web banner ads, brochures, live-read radio scripts and more. Visit http://www.cms.hhs.gov/center/openenrollment.asp and select Medicare Part D in the Media and Outreach Materials to link to the items “Campaign Materials.”

Plan Finder Frequently Asked Questions - FAQs have been developed and are attached.

Plan Finder Demo - An audio training call occurred recently on the Plan Finder. In addition to the archive, which will be available soon, there is a demo on the Plan Finder in a 3-part webinar. This webinar is a wonderful piece for partners and others to learn how to use the Plan Finder. Find this webinar at the following link:
http://www.cms.hhs.gov/NationalMedicareTrainingProgram/EmailUpdates/itemdetail.asp?filterType=none&filterByDID=-99&sortByDID=1&sortOrder=ascending&itemID=CMS1217048&intNumPerPage=10

                            

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  Other Medicare Updates

Medicare’s Practical Guide to the E-Prescribing Incentive Program” is now available online
The guide explains the e-prescribing incentive program, how eligible professionals can participate, and how to choose a qualified e-prescribing system. To read or print the guide, visit: http://www.cms.hhs.gov/partnerships/downloads/11399.pdf.

By adopting e-prescribing through Medicare’s program, eligible professionals can save time, enhance office and pharmacy productivity, and improve patient safety and quality of care while earning incentives from Medicare.

For additional information about e-prescribing, you can also visit:
* www.cms.hhs.gov/PQRI. Select “E-prescribing Incentive Program”;
* www.cms.hhs.gov/eprescribing. (for information on Part D e-prescribing standards that will be effective April 1, 2009); and
* www.ehealthinitiative.org to download “A Clinician’s Guide to Electronic Prescribing.”

New From the Medicare Learning Network
The Adult Immunizations (October 2008) brochure for health care providers has been updated and is now available in downloadable PDF format from the Centers for Medicare & Medicaid Services Medicare Learning Network. This brochure provides an overview of Medicare’s coverage of influenza, pneumococcal, and hepatitis B vaccines and their administration. To view, download, and print, please go to http://www.cms.hhs.gov/MLNProducts/downloads/Adult_Immunization.pdf on the CMS website.

New Institutional NCCI Edits to Be Applied to Claims
NCCI edits are updated quarterly and the institutional version is one calendar quarter behind the physician version.  In the past, the Outpatient Code Editor (OCE) has not applied the NCCI edits for the following categories of services:  anesthesiology, evaluation and management, and mental health services.  Effective 1/1/09, these categorical exclusions will be removed and there will be a large number of new institutional NCCI edits applied to claims.  These institutional NCCI edits will be available on or about 1/1/09 on the following CMS Website:  http://www.cms.hhs.gov/NationalCorrectCodInitEd/NCCIEHOPPS/list.asp#TopOfPage .

To review the types of NCCI edits that were previously excluded from the institutional version but are currently included in the physician version for these categories, refer to the NCCI files on the following site: http://www.cms.hhs.gov/NationalCorrectCodInitEd/NCCIEP/list.asp#TopOfPage .  One may use anesthesiology, evaluation and management, or mental health services CPT or Level II HCPCS codes to search these files.  A subset of the corresponding edits in the physician version is being added to the institutional version.  Consistent with longstanding practice, CMS makes specific decisions about NCCI edits that are appropriate for facilities, incorporating comments on potential edits from relevant professional associations and, therefore, the institutional NCCI edits may differ from the physician NCCI edits.

Affected providers should begin immediately to educate their staff about the application of the additional categories of NCCI edits to their claims.  Note that at this time no additional providers will be subject to NCCI edits.

Medicare Proposes Revised Coverage Policy for Bariatric Surgery as a Diabetes Treatment
CMS Seeks Comments from Public on Proposal to Limit Coverage to Morbidly Obese Patients
The Centers for Medicare & Medicaid Services (CMS) announced on November 7, 2008, its proposal to clarify its policies for Medicare coverage of bariatric surgery as a treatment for beneficiaries with type 2 (or non-insulin-dependent) diabetes.

Following an extensive evidence review, CMS proposes to revise its existing coverage policy for bariatric surgery.  The proposed decision notes that type 2 diabetes is one of the co-morbidities CMS would consider in determining whether bariatric surgery would be covered for a Medicare beneficiary who is morbidly obese. An individual with a body-mass index (BMI) of at least 35 is considered morbidly obese.

To read the CMS Press release issued on (11/07/08) click here: http://www.cms.hhs.gov/apps/media/press_releases.asp 
Today’s proposed decision memorandum is available on CMS’ Coverage Web site at http://www.cms.hhs.gov/center/coverage.asp.

CMS Issues Improper payment Rates for Medicare, Medicaid and SCHIP
CMS recently reported it protected roughly $400 million of taxpayer dollars as improper payments for Medicare fee-for-service (FFS) decreased from 3.9 percent in Fiscal Year (FY) 2007 to 3.6 percent, or $10.4 billion, in FY 2008.  The Medicare, Medicaid and SCHIP improper payment rates are issued annually as part of the HHS Agency Financial Report. 

In addition to improved Medicare FFS payments for FY 2008, CMS reports its first Medicare Advantage improper payment rate of 10.6 percent, or $6.8 billion, in payments made in Calendar Year (CY) 2006. Also being reported for the first time are the FY 2007 national composite error rates for Medicaid and for SCHIP. The Medicaid composite error rate is 10.5 percent, or $32.7 billion of which the federal share is $18.6 billion, and, for SCHIP, the rate is 14.7 percent, or $1.2 billion, with a federal share of $0.8 billion. 

To read the complete CMS Press release issued on (11/07/08) click here: http://www.cms.hhs.gov/apps/media/press_releases.asp

November Flu Shot Reminder
Flu season is here! Medicare patients give many reasons for not getting their annual flu shot, including—“It causes the flu"; "I don’t need it"; "It has side effects"; "It’s not effective"; "I didn’t think about it"; "I don’t like needles!”  The fact is that every year in the United States, on average, about 36,000 people die from influenza. Greater than 90 percent of these deaths occur in individuals 65 years of age and older. You can help your Medicare patients overcome these odds and their personal barriers through patient education. Talk with your Medicare patients about the importance of getting an annual flu shot--and don’t forget to immunize yourself and your staff. Protect yourself, your patients, and your family and friends. Get Your Flu Shot – Not the Flu. Remember - Influenza vaccine plus its administration are covered Part B benefits.  Note that influenza vaccine is NOT a Part D covered drug.

For information about Medicare’s coverage of the influenza virus vaccine and its administration as well as related educational resources for health care professionals and their staff, please go to http://www.cms.hhs.gov/MLNProducts/Downloads/flu_products.pdf on the CMS website. To download the Medicare Part B Immunization Billing quick reference chart, go to http://www.cms.hhs.gov/MLNProducts/downloads/qr_immun_bill.pdf on the CMS website. A copy of this quick reference chart can be ordered, free of charge, by going to the MLN Products web page and clicking on “MLN Product Ordering Page” in the Related Links Inside CMS section of the web page.

 

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Kansas Health Care Association - 117 SW 6th, Suite 200, Topeka, Kansas 66603, Phone 785-267-6003, Fax 785-267-0833, email: khca@khca.org