News

On Tuesday, LeadingAge Minnesota kicked off the first day of the 2021 Institute. The Institute, held May 18-21, is the largest multi-day conference for older adult services professionals in the Upper Midwest. This year's event takes place on a virtual platform over four mornings and has more education sessions and available CEUs than ever before.

The Centers for Disease Control and Prevention (CDC) and the Center for Medicare and Medicaid Services (CMS) published updated infection prevention and control recommendations in response to COVID-19 vaccinations, QSO 20-38, and QSO 20-39 at the end of April. Immediately after these guidance documents were posted, the Minnesota Department of Health (MDH) directed nursing homes to pause before following the staff PPE and dining and activities portions of the recommendations due to potential conflicts with Gov. Walz's executive order.

After previously delaying the requirement for care centers to submit COVID-19 Relief spending information while awaiting federal guidance, the Minnesota Department of Human Services (DHS) has announced that the special COVID Supplemental Schedule for the cost report year ended Sept. 30, 2020 must be submitted this summer.

On May 11, CMS announced an interim final rule establishing new requirements for nursing facilities. The rule requires care centers to offer COVID-19 vaccine to residents and staff, to educate residents and staff regarding the benefits and potential side effects of the vaccine, and to report COVID-19 vaccine and therapeutics treatment information to the Centers for Disease Control and Prevention's (CDC) National Healthcare Safety Network (NHSN).

Even as assisted living licensure applications opened last week and state legislators entered their final weeks of the legislative session, there continue to be substantive and technical issues with the assisted living licensure law, jeopardizing the access to needed assisted living services for Minnesota seniors. 

On April 16, MDH filed a response to the Proposed Assisted Living Licensure Rules to the Office of Administrative hearings and requested that Chief Judge Starr review and approve the rule with the modifications proposed. Modifications were made necessary dues to the disapproval of certain aspects of the rule as originally submitted. Other modifications were suggested by the Administrative Law Judge for clarity. 

The Centers for Disease Control and Prevention (CDC) published updated infection prevention and control recommendations in response to COVID-19 vaccinations yesterday. Following closely behind the CDC, the Center for Medicare and Medicaid Services (CMS) published two revised memos yesterday as well: QSO 20-38 and QSO 20-39. The QSO memos are revised with the recent CDC guidance updates.

The U.S. Department of Health and Human Services took action to extend the COVID-19 Public Health Emergency (PHE) for another 90 days, effective April 21, 2021.

The PHE will now be in place until July 20, and the Section 1135 emergency blanket waivers for nursing facilities will continue over that time unless CMS terminates explicitly one or more of the waivers before that date.

After rising to very high levels in late 2020, positivity rates of COVID-19 tests in Minnesota dropped dramatically in early 2021. In addition to providing a welcome drop in cases in long-term care settings, it also meant a reduced testing burden in care centers where a federal mandate ties surveillance testing frequency to the county positivity rate.

Last week, after a lengthy debate, the Minnesota House approved the Omnibus Housing Bill (HF 1077) on a 69-62 vote. The bill, authored by Rep. Alice Hausman (DFL-St. Paul), includes a variety of budget and policy provisions related to housing and will now move to the Senate, where Sen. Rick Draheim (R-Madison Lake) is the sponsor of the companion bill (SF 969). However, there are stark differences between the House and Senate versions of the bill, so lawmakers will likely need a conference committee to work out differences between the two legislative bodies.

The Assisted Living Licensure (ALL) Rules Report was issued late last week from Chief Judge Starr and Judge Ann O’Reilly.

Several parts of the proposed rule were disapproved, and the Minnesota Department of Health (MDH) must now decide whether to correct the defects associated with the proposed rules. The Department has several options. It can adopt the corrective actions described by the ALJ and Chief Judge to cure the defects, or it can submit its proposed rules to the Legislative Coordinating Commission for advice and comment. That can take up to 60 days and seems unlikely to be used in this case.

The Minnesota Board of Executives for Long-Term Services and Supports (BELTSS) has announced that Minnesota Rule 6400.5000 regarding the licensing of assisted living directors has been approved, allowing the legal authority to begin online applications on April 19. Application information and online application can be accessed via the Board’s website.

The Centers for Medicare and Medicaid Services (CMS) released a policy memo on April 8, announcing the termination of several 1135 waivers related to resident transfers, care plans, and assessments. CMS believes that facilities should have developed processes to comply with the standard regulatory requirements relating to these practices at this stage in the pandemic. These specific waivers, implemented because of the COVID-19 public health emergency, will end on May 10.

As part of the Minnesota Legislature's budget process, the House of Representatives has included in its Health and Human Services (HHS) omnibus budget bills critical changes to the assisted living licensure law that could significantly disrupt implementation.

Due to a cancellation of a previously approved moratorium exception project, there is now $821,088 in state funding available in the current moratorium exceptions rounds, up from the $702,144 announced in January. The Long-Term Care Imperative is pushing for additional funding in the current legislature to conduct another round later this year and is glad to see the Senate supporting additional funding, which is much needed to upgrade physical plants to make infection control efforts more effective.

Lawmakers resumed legislative activity this week following a one-week break to observe the Easter and Passover holidays. It is a pivotal week as lawmakers unveil budget bills and will need to pass bills out to their respective committees by Friday. Next week, we expect lawmakers will begin to pass these budget bills off the House and Senate floors, which will set up three-way budget negotiations between the House, Senate and Governor as they attempt to complete their work to pass a balanced budget by May 17.

Last Thursday, the US Senate voted to extend the suspension of the 2% sequestration cut for all Medicare services through the end of 2021. Congress initiated sequestration in 2011 to limit Medicare costs by reducing all payments by 2%. With the onset of the COVID-19 pandemic, the sequestration was suspended for a year by Congress last April 1. The coming expiration of that suspension led to the Congressional activity to extend it further.

Minnesota’s 2021 legislative session is at the midpoint, as lawmakers are on break this week in observance of the Easter and Passover holidays. When lawmakers resume legislative activity on April 5, it will be full steam ahead as lawmakers will push to pass budget and policy bills before the legislative session adjourns on May 17.

Yesterday, the Minnesota Department of Health (MDH) published updated guidance which allows for more flexibility for dining and guidance in assisted living settings.

Activities and meals are a significant factor in combating social isolation and bringing a sense of normalcy and stability to our resident’s lives.

As we approach the midway point of the legislative session, LeadingAge Minnesota members virtually gathered for our largest advocacy event of the year, the Week at the Capitol. LeadingAge Minnesota members met with over 40 lawmakers from around the state, including Senate and House legislative leaders, to make their voices heard and advance important policy initiatives for seniors and their caregivers.