News

On Nov. 28, the Centers for Medicare and Medicaid Services (CMS) issued a new QSO memo to hospitals (QSO-23-04-Hospitals) on workplace violence and prevention. While there is no enforcement change for nursing homes within the new memo, one violence prevention expert noted, “[nursing homes] would do well to heed new CMS messaging. The ongoing stress of working short-staffed, and even the holidays themselves, can make healthcare facilities an even more vulnerable environment, safety experts said this week.”

The US Department of Labor (DOL) Wage and Hour Division announced it had recovered more than $28.6 million in back wages and damages for nearly 25,000 workers since it launched a focused initiative in 2021. The effort has led to assessments of almost $1.3 million in civil monetary penalties for employers who willfully violated federal law. The most common violations discovered by investigators were failures to pay overtime or federal minimum wages and misclassifying employees as independent contractors.

An article published on Nov. 15 in the Journal of the American Medical Directors Association (JAMDA) discusses the need to reimagine infection control within nursing homes to keep pace with rising acuity and multiple comorbidities in today’s residents to remain effective.

When Congress convenes next January, the United States will return to a divided government with narrow margins of control in both the US House and US Senate. In the House, Republicans will retake the majority over Democrats. In the Senate, the Democrats will maintain a one or two-vote margin over the Republicans, pending a run-off election in Georgia.

Argentum, our national partner for assisted living providers, will host its annual Public Policy Institute March 6-8 at the Hotel Monaco in Washington, DC. Registration for the event is now open.

The Office of the Inspector General (OIG), a division of the US Department of Health and Human Services (HHS), announced an additional investigation as part of its 2022 work plan. Its added focus will be on whether skilled nursing facility residents were hospitalized with certain conditions and whether the facility provided services per the resident’s care plan and professional standards of practice.

LeadingAge, our national partner, recently released a Frequently Asked Questions document that covers issues around applying for the Employee Retention Credit (ERC).

On Friday, Oct. 21, CMS announced new actions "to significantly strengthen accountability for nursing homes in the Special Focus Facilities (SFF) Program." According to the White House press release, the "SFF Program already provides more frequent inspections of these nursing homes, but more action is needed to ensure these nursing homes improve."

New, research-informed communication strategies and recruitment tools are available for LeadingAge members to support their workforce efforts.

September was National Workforce Development Month. To celebrate LeadingAge Minnesota and our national partners at LeadingAge released several resources for members to support and grow their workforce.

On Sept. 6, the National Labor Relations Board (NLRB) issued a notice of proposed rulemaking. The rule will change the standard for when two employers who do business together are considered joint employers and are, thus, liable for one another's unfair labor practices under the National Labor Relations Act (NLRA).

Today, the Department of Labor (DOL) will issue a notice of proposed rulemaking to help employers and workers determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The department believes the new rule will preserve essential worker rights and provide consistency for regulated entities.

Starting on Oct. 6, the definition of electronic health information (EHI) in the 21st Century Cures Act (Cures Act) expanded to include electronic Protected Health Information (ePHI) that a patient has the right to access under the Health Insurance Portability and Accountability Act (HIPAA). Healthcare providers must provide patients, residents, and clients easy access to a wider swath of EHI under the Cures Act or face potential penalties.

The nation's highest court has declined to weigh in on a case involving nursing homes and the Centers for Medicare and Medicaid Services (CMS) arbitration rule that nursing home industry groups argue places "burdensome" requirements on facilities. In other words, the Eighth US Circuit Court of Appeals' October 2021 decision will remain intact.

Federal requirements to be a qualified long-term care facility director of food and nutrition services are changing Saturday (Oct. 1) to ease training and staffing obstacles while keeping standards high, according to the Centers for Medicare & Medicaid Services (CMS).

The U.S. Department of Housing and Urban Development (HUD) announced $174.6 million in grant funds through a Notice of Funding Opportunity (NOFO) to support the development of new affordable multifamily rental homes for low-income seniors and ongoing project rental assistance and supportive services. The grants are offered under HUD's Section 202 Supportive Housing for the Elderly program and will be awarded to nonprofit organizations across the country.

Recently, LeadingAge Minnesota received more questions about citations for past noncompliance actions and how those citations impact the five-star rating, calculating fines, and appeals.

New Five-Star Reports that reflect recent changes to the Five-Star Staffing Domain are ready to view in the LeadingAge Minnesota Data Portal. Primary contacts have access to the portal to view these reports. 

The Skilled Nursing Facility (SNF) Quality Reporting Program (QRP) Quality Measures Calculations and Reporting User’s Manual Version 4.0 is now available. Changes go into effect on Oct. 1.

This week, US Department of Housing and Urban Development (HUD) Secretary Marcia L. Fudge visited Minnesota to announce the availability of new funding for the Older Adult Home Modification Program. The federal government will provide an additional $15 million to help senior citizens across the country upgrade their homes so they can continue to live in them safely.