use hca’s online legislative action center to voice...

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Legislative Issues Public Policy News A Weekly Publication Of HCA HCA HCA HCA HCA Home Care Association of New York State Helping New Yorkers Feel Right At Home A S AP Volume 21, No. 21 May 26, 2016 Inside Inside Inside Inside Inside ASAP ASAP ASAP ASAP ASAP Use HCA’s Online Legislative Action Center to Voice Opposition on CMS Prior-Authorization Proposal As you read in last week’s ASAP, HCA wrote to New York’s Congressional Delegation expressing firm objections to a recently announced “prior-authorization” demo for Medicare home health services. We are asking Congress to weigh in with the U.S. Centers for Medicare and Medicaid Services (CMS) to rescind this disastrous rule, but we need your help to echo our concerns with your Congressional representatives. HCA Submits FOIA Request Regarding FLSA Funds Last Friday, as indicated in the May 20 ASAP, HCA submitted a Freedom of Information Act (FOIA) Request for Records to obtain a listing of the exact amounts of Fair Labor Standards Act (FLSA) monies that managed care plans have given to home care providers in their networks. The FOIA follows an HCA inquiry to the state Department of Health (DOH) for this information. DOH instructed HCA that a FOIA form would be necessary for our information request. As soon as HCA receives this information, we will report on it. See FOIA p. 2 See VOICE p. 3 Act Now on CMS Prior-Authorization Proposal................................1 HCA Submits FOIA Request Regarding FLSA Funds........................1 Flu No Longer Prevalent: Mask Requirement Suspended................4 A Warning about Heat Emergencies.................................................4 HCA Invites You to Bring The Vote Home-NY ....................................5 June 17 VBP Conference Exclusive to HCA Members........................8 Rule Finalized for “Immediate” Personal Care Needs.......................8 Reminder: June 2 Webinar on Medicare Documentation, F2F ........10 2015 LTHHCP Cost Report Software Posted...................................10 State Posts 2016 Hospice Residence Base Rates, RTR Add-ons.....11 June 15 HCA Bootcamp Eyes HIPAA, PHI Data Risks......................11 New HCA Webinar on Home Health Quality Initiatives..................12 Important UAS Update: Ensure Your Continued Access................12 MEVS and DVS Manual Updated.....................................................12 Publications............................................................................................12 Due to an editorial scheduling conflict, HCA is publishing ASAP on Thursday, instead of Friday, this week. Our offices are closed closed closed closed closed on Monday, May 30, for Memorial Day and will reopen on Tuesday. We will resume Friday publication of ASAP next week: on June 3.

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Page 1: Use HCA’s Online Legislative Action Center to Voice ...hca-nys.org/wp-content/uploads/2016/05/ASAP052616.pdf · ASAP – a publication of the Home Care Association of New York State

Legislative Issues Public Policy News

A Weekly Publication Of HCAHCAHCAHCAHCAHome Care Association of New York State

Helping New YorkersFeel RightAt Home

ASAPVolume 21, No. 21 May 26, 2016

Inside Inside Inside Inside Inside ASAPASAPASAPASAPASAP

Use HCA’s Online Legislative Action Center to Voice

Opposition on CMS Prior-Authorization Proposal

As you read in last week’s ASAP, HCA wrote to New York’s Congressional Delegation expressing firmobjections to a recently announced “prior-authorization” demo for Medicare home health services.

We are asking Congress to weigh in with the U.S. Centers for Medicare and Medicaid Services (CMS) torescind this disastrous rule, but we need your help to echo our concerns with your Congressional

representatives.

HCA Submits FOIA Request Regarding FLSA Funds Last Friday, as indicated in the May 20 ASAP, HCA submitted a Freedom of Information Act (FOIA)Request for Records to obtain a listing of the exact amounts of Fair Labor Standards Act (FLSA) moniesthat managed care plans have given to home care providers in their networks.

The FOIA follows an HCA inquiry to the state Department of Health (DOH) for this information.DOH instructed HCA that a FOIA form would be necessary for our information request. As soon asHCA receives this information, we will report on it.

See FOIA p. 2

See VOICE p. 3

Act Now on CMS Prior-Authorization Proposal................................1

HCA Submits FOIA Request Regarding FLSA Funds........................1

Flu No Longer Prevalent: Mask Requirement Suspended................4

A Warning about Heat Emergencies.................................................4

HCA Invites You to Bring The Vote Home-NY....................................5

June 17 VBP Conference Exclusive to HCA Members........................8

Rule Finalized for “Immediate” Personal Care Needs.......................8

Reminder: June 2 Webinar on Medicare Documentation, F2F........10

2015 LTHHCP Cost Report Software Posted...................................10

State Posts 2016 Hospice Residence Base Rates, RTR Add-ons.....11

June 15 HCA Bootcamp Eyes HIPAA, PHI Data Risks......................11

New HCA Webinar on Home Health Quality Initiatives..................12

Important UAS Update: Ensure Your Continued Access................12

MEVS and DVS Manual Updated.....................................................12

Publications............................................................................................12

Due to an editorial scheduling conflict, HCA is publishingASAP on Thursday, instead of Friday, this week. Ouroffices are closedclosedclosedclosedclosed on Monday, May 30, for Memorial Dayand will reopen on Tuesday. We will resume Fridaypublication of ASAP next week: on June 3.

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ASAP is a weekly publication of the Home Care Association of NewYork State (HCA). Unless otherwise noted, all articles appearing inASAP are the property of the Home Care Association of New YorkState. Reuse of any content within this newsletter requires permissionfrom HCA.

Joanne Cunningham, [email protected]

Roger L. Noyes, Director of Communications, [email protected]

Al Cardillo, Executive Vice President, Policy & Programs, [email protected]

Patrick Conole, Vice President, Finance & Management, [email protected]

Andrew Koski, Vice President, Program Policy and Services, [email protected]

Alexandra Blais, Director of Public Policy, [email protected]

Laura Constable, Senior Director, Membership & Operations, [email protected]

Celisia Street, Director of Education, [email protected]

Mercedes Teague, Finance Manager, [email protected]

Jenny Kerbein, Director of Governance and Special Projects, [email protected]

Billi Hoen, Manager, Meeting and Events, [email protected]

Teresa Brown, Administrative Assistant, [email protected]

President:

Editor:

388 Broadway, 4th Floor, Albany, NY 12207Tele: 518-426-8764; Fax: 518-426-8788; Website www.hcanys.org

ASAP – a publication of the Home Care Association of New York State Volume 21, No. 21 May 26, 2016

FOIA from p. 1

HCA is committed to our push for transparency and consistency in the FLSA-related funddistributions, as there has been little of either (consistency or transparency) thus far. Membersreport confusion and opacity as to why they are being awarded specific amounts or no monies, evenafter they’ve reviewed the plan methodology chart requested by HCA and later posted by DOH.That chart is at http://www.health.ny.gov/health_care/medicaid/redesign/2016/docs/dist_meth.pdf. With the coming implementation of a minimum wage hike – and promised funding on the horizonfor these new wage costs, albeit at thus-far insufficient levels – it is even more important that we arepersistent in resolving the issues with the state’s distribution methods for these dollars. Providersmust receive appropriate amounts of money for related expenses.

Meanwhile, in another development, the federal government is changing the overtime rule for “white-collar” workers, extending the salary range – from $35,100 to $47,476 – for employees who areentitled to overtime pay, as long as they meet a “duties” test in addition to the salary threshold. AsHCA explained to Crain’s Health Pulse in a report on Wednesday, this latest overtime rule comes “at atime when several recent labor changes have converged to complicate the payroll-management andfiscal sustainability of many home care agencies,” including such labor costs as the FLSA changes,the minimum wage hike, wage parity, as well as procedural issues related to cost-coveragedistributions. HCA welcomes any impact data you have on the newest overtime mandate for “white-collar” employees as we continue to assess this latest requirement on home care. For more information, contact Andrew Koski at (518) 810-0662 or [email protected].

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Volume 21, No. 21 May 26, 2016

VOICE from p. 1

This week, HCA alerted you to a messageposted on our Legislative Action Centerallowing you, your staff, your board, andothers to write Congress against CMS’sproposal. This message stresses: access-to-care impacts of the prior-authorizationrule; the unprecedented overreach ofrequiring presumptive, prepayment auditsat the outset of care; the proposal’s steeringof authority from provider-level care-transitions teams to third-partybureaucrats contracted for prior-authorization; and the fact that existingaudit problems (like denials for obscuredocumentation rules) would be extended tothe prepayment phases of initiating care.

Please send this advocacy message today.It takes about a minute of time and we

need hundreds of providers to write

Congress to ensure that home care’s voicesare heard. All you need to do is visit thecampaign link at http://p2a.co/jwEDFGY, enter your contact informationand click “Send Email.” Please urge yourstaff to do the same.

We’ve published the advocacy message as asidebar (this page) in case you would like touse the text in phone calls or other directoutreach to Congress.

HCA has also been working with theVisiting Nurse Associations of America(VNAA) and other organizations on aseparate Congressional letter to CMStargeting this rule. The letter is being led byReps. Tom Price (R-GA) and JimMcGovern (D-MA). With the urging ofHCA and provider members, the letterbears signatures from New York Membersof Congress, including Reps. Peter Kingand Yvette Clarke. HCA will keep youposted about all developments on thisissue.

HCA Message to Congress:

Legislative Action Center

Dear Member of Congress:

As a home care representative and constituent in NewYork State, I am writing to urge your action against afederal “prior-authorization program,” newly proposedfor Medicare home health services, which is overreachingand unprecedented in its threat to cost-effective services.

By now you have received a letter from the Home CareAssociation of New York State (HCA) asking you tocontact the U.S. Centers for Medicare and MedicaidServices (CMS) in protest to this disastrous prior-authorization rule. I echo HCA’s call for CMS to rescindthis ill-sighted prior-authorization program, joining homecare organizations nationally and your colleagues inCongress who have already gone on record as staunchlyopposed.

CMS’s program would conduct “prior-authorization”audits before processing claims for home health servicesin Florida, Texas, Illinois, Michigan and Massachusetts.New York is not currently included in the demonstration,though it is very likely that the pilot will be extended toall states.

There are multiple problems with this proposal. For one,it steers decision-making about home health caredecisions over to a private Medicare contractor, forcingpatients to await determinations from these third-partybureaucrats during the critical hours when they needhealth care and other supports at home.

As a result, this rule increases costs and denies access toservices that beneficiaries need and are entitled to. It willcause many patients to remain in more expensivesettings (like hospitals) as they await discharge to homecare, revoking the authority of knowledgeable andexperienced care-transition teams to determine that homecare is the most appropriate option.

Home care providers are already at risk for post-paymentaudits (after care is rendered) if they don’t make the right

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ASAP – a publication of the Home Care Association of New York State Volume 21, No. 21 May 26, 2016

call or don’t follow strictdocumentation rules and otherregulations when initiating ordelivering home care. Providersknow the rules and are otherwisesubject to audit penalties for notfollowing them.

These existing, retrospective auditprograms disallow paymentsubstantially on the basis ofobscure documentation rules thathave nothing to do with eligibility,need, or appropriateness of homecare delivered. While these post-payment audits are problematic,prior-authorization is far worsebecause it would deny – or in thevery least delay – home careservices upfront, before a homecare nurse, aide, or therapist evenhas a chance to set foot in thepatient’s home to render care.These presumptive decisionswould occur for all agencies in thedemo, whether or not they have arecord of high quality andcompliance.

This rule is a solution in searchof a problem that does not exist,given the audit mechanismsalready in place; but at least thesecurrent audit threats, asproblematic as they are, don’t putpatients in limbo awaiting caredeterminations.

In the strongest possible terms, Iask you to contact CMS officials,explain your profound objectionsto this proposal, and urge CMSto rescind this overreachingproposal. Thank you for yourconsideration of this importantand urgent request.

Continued from previous page Influenza No Longer Prevalent: Mask

Requirement Suspended

Late last Friday, after ASAP went to press, the state HealthCommissioner declared that influenza is no longer prevalent inNew York State as of May 20.

The notice is at http://hca-nys.org/wp-content/uploads/2016/05/Influenza-_DOH_052016.pdf.

This means that home care and other health care providers are nolonger subject to the mask requirement this season, which appliesto their workers who are not vaccinated against influenza. Underthis requirement, providers must ensure that these unvaccinatedworkers wear surgical or procedure masks while in areas wherepatients are typically present.

This requirement had been in effect since February 11, 2016.

Frequently Asked Questions regarding the requirement and otherresources are available at http://health.ny.gov/FluMaskReg.

For more information, questions can be sent [email protected].

A Warning about Heat Emergencies as Summer

Season Sets In

On Wednesday, New York City’s Office of EmergencyManagement (OEM) issued a reminder to members about heatemergencies during the summer season.

OEM specifically notes that “during periods of very hot weather,people with disabilities and others with access and functionalneeds are at a greater risk for heat-related illness.” Older adults,people with chronic medical, psychiatric conditions, and thosetaking certain medications should take caution and consult with aphysician during these periods, as they are at particular risk forrelated complications.

OEM has made available a document for providers to share withclients who could be at risk during extreme heat events (see https://advancewarningsystemnyc.org/sites/default/files/Heat%20Tips%20for%20Service%20Providers.pdf ). OEM alsohas a checklist that providers can use for guidance during periodsof hot weather (see http://www.nyc.gov/html/doh/downloads/pdf/ehs/provider-heat-checklists.pdf ).

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ASAP – a publication of the Home Care Association of New York State Volume 21, No. 21 May 26, 2016

HCA Invites YHCA Invites YHCA Invites YHCA Invites YHCA Invites You to ou to ou to ou to ou to BrBrBrBrBring The Ving The Ving The Ving The Ving The Vote Home-NYote Home-NYote Home-NYote Home-NYote Home-NYAs announced in an e-mail alert earlier this week, HCA is excited to formally introduceyou to Bring The Vote Home New York (BTVH-NY)!

HCA President JoanneHCA President JoanneHCA President JoanneHCA President JoanneHCA President JoanneCunninghamCunninghamCunninghamCunninghamCunningham previewed this newcampaign at HCA’s AnnualConference earlier this month. Andnow, this week, we are formallylaunching New York’s version of thisnational initiative, which is helpinghome care patients get registeredand able to vote, so their voices areheard in the political process. Clickthe video image (at right) to learnmore.

Bring the Vote Home is takingplace in states across the country, including New York. In essence, the campaign offers aneasy process for your staff to distribute forms during home visits so their patients canregister and receive an absentee ballot. HCA is sponsoring the New York part of thecampaign. To learn more, please check out our website at www.bringthevotehomeny.org.

Here is a sample of the material we will be providing your staff to distribute to patients:http://www.bringthevotehomeny.org/wp-content/uploads/2016/05/BTVH-Brochure-Updated.pdf. Please feel free to review this material but you don’t need to begin using ityet; we will provide you with more information soon on how to use this document andothers.

Why BTVH?Why BTVH?Why BTVH?Why BTVH?Why BTVH?

We estimate that over 400,000people receive home carehere in New York. That’sthousands of potentially newvoters whom your staff canarm with voter registrationforms and an absentee ballotso patients can easily votefrom home, and so patientsare no longer prevented fromvoting because of a life-limiting illness or disability that keeps them from traveling to thepolls.

Continued on next pageContinued on next pageContinued on next pageContinued on next pageContinued on next page

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This initiative helps your patients. It also makes elected officials more responsive and alert toa growing home care electorate – and that means better policies for home care services andbeneficiaries.

How to ParticipateHow to ParticipateHow to ParticipateHow to ParticipateHow to Participate

If you are interested in learning more about Bring the Vote Home New York, or already knowyou’d like your agency to participate, please complete the online form athttps://www.surveymonkey.com/r/JBFW7SB.

Once we hear that you are interested in participating, HCA will follow up soon with moreinformation, including fact sheets and a schedule of conference calls to discuss next stepswith participating agencies! We’ll also be happy to come to your organization to provideorientation about this initiative.

Please note that we are using the online registration form simply to identify interestedorganizations whose leaders want to know more and are likely to participate. Yourcompletion of the online form is not a formal commitment to participate; it’s just a way for usto connect with you on the campaign in the hopes that you will choose to implement BringThe Vote Home at your agency in the very near future.

BTVH-NY ChampionsBTVH-NY ChampionsBTVH-NY ChampionsBTVH-NY ChampionsBTVH-NY Champions

To help with education and implementation, we ask that you assign a point person from youragency (called a BTVH-NY Champion) who we can communicate with. This person will, inturn, provide instructions to the rest of your staff so they can distribute forms to patientsinterested in voting. Your agency’s Champion will also help monitor the progress of thisinitiative, answer questions, etc.

BTVH-NY is designed to be quick and easy, and any participating staff will be given explicitinstructions about what to do, as well as what not to do. HCA is available to answer anyquestions and provide support along the way to you, your BTVH-NY Champions andparticipating staff. Our goal is for Bring The Vote Home New York to distribute thousands ofvoter registration forms and/or absentee ballot applications in 2016. Thank you for doingyour part to help us reach that goal.

Bonus PrizeBonus PrizeBonus PrizeBonus PrizeBonus Prize

BONUS: The first 15 people to complete the registration process expressing interest will beentered to win a $250 VISA gift card!

We hope you’ll join us! We can’t wait to get started!

Continued from previous pageContinued from previous pageContinued from previous pageContinued from previous pageContinued from previous page

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Continued on next page

June 17 VBP Conference Exclusive to HCA MembersGet in on a hot policy topic and big game-changer program just for you and other members of HCA!

As previously announced, on June 17 we are offering a special conference in Nanuet called Cut Through theVolume: Learn What Value-based Payment (VBP) Really Means for Your Organization.

We’ve designed this program as an affordable option for your organization to register a few members of yourteam for group strategic planning. We also view this extremely topical program as a member benefit, andwe’re leaving the doors open to HCA members only – whether you are a provider/plan member needinghelp navigating payment changes or an associate member needing information to help clients.

When it comes to the home care implications of value-based payments (a top state and federal focus of policychange), you won’t be able to find this level of speaker expertise and access anywhere else. But registrations

are rapidly filing in, so please be sure to reserve your spot now using the form at the link below.

As announced in last week’s ASAP newsletter, we have a newly announced introductory speaker at theconference: KPMG expert Jason Ganns. KPMG is one of the “big-four” global auditing firms, with teamsspecializing in health care professional services, including New York State contracts for design of its value-based payment program. Mr. Ganns will bring to the June 17 HCA conference a unique inside look at thedesign process, goals and expectations of New York’s VBP Roadmap.

Providers must gain as much information as possible in order to succeed in an environment stressing a shiftfrom “volume” to “value” under Medicaid and Medicare. The June 17 conference will not only show how tooperate in the many VBP arrangements driven by the state and federal governments, but you can also expectinsights on using your data to: create meaningful benchmarks, focus on clinical outcomes, and prepare yourstaff for VBP.

Cut Through the Volume: Learn What Value-based Payment Really Means for Your OrganizationJune 17, 2016Nanuet, NYDownload the registration form athttp://hca-nys.org/wp-content/uploads/2016/04/HCAVBPProgramBrochureJune172016.pdf

Rule Finalized for Those with “Immediate” Personal Care Needs

The state Department of Health (DOH) has finalized a rule implementing 2015 state law changes regardingMedicaid applicants and recipients who have an “immediate need” for personal care services (PCS) and/orConsumer Directed Personal Assistance (CDPA).

The rule establishes expedited procedures for local departments of social services (LDSS) to determineMedicaid eligibility and PCS/CDPA eligibility for Medicaid applicants with an immediate need for personalcare services. The term “Medicaid applicant with an immediate need for personal care services” includes twogroups:

1. Those who are not authorized for any type of Medicaid coverage;

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Continued from previous page

2. Those who are authorized for Medicaid community-based coverage that does not include long-termcare services such as PCS.

Eligible individuals must provide the social services district with a physician’s order for personal careservices and a signed attestation, on a DOH form. The attestation will state that they:

Have an immediate need for personal care services;

Have no informal caregivers;

Are not receiving personal care services from a home care services agency;

Have no adaptive or specialized equipment or supplies to meet their needs; and

Have no third party insurance or Medicare benefits available to pay for needed assistance.

LDSSs must then determine whether a Medicaid applicant with an immediate need for PCS is eligible forMedicaid, and to notify the applicant within seven calendar days after receipt of a complete Medicaidapplication.

As soon as possible after receipt of such an application, but no later than twelve calendar days, the socialservices district would obtain or complete a social assessment, nursing assessment and an assessment ofother services. These assessments will determine whether the Medicaid applicant, if deemed eligible forMedicaid, would be eligible for PCS/CDPA and, if so, the amount and duration of services that would beauthorized.

Immediate need personal care services may be a way to provide assistance to individuals who are notreceiving home care services and cannot wait the time it takes to undergo an assessment and enrollment intoa managed care plan.

For those individuals who are not exempt or excluded from managed care enrollment, the district wouldauthorize services to be provided only until the person is enrolled into managed care. However, in the“Assessment of Public Comment” section of the State Register, DOH clarifies that managed care plans arerequired to provide the district-authorized amount of PCS or CDPA for the applicable transition-of-careperiod (90 days for managed long term care plans).

Furthermore, after the end of the transition period, any plan changes to district-authorized PCS and CDPAservices are subject to timely and adequate notice requirements.

The rule is published in the May 25 State Register at http://docs.dos.ny.gov/info/register/2016/may25/pdf/rulemaking.pdf (page 14). DOH is expected to issue an Administrative Directive with detailedinstructions; once posted, HCA will notify members.

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

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Reminder: June 2 HCA-Cosponsored Webinar for Medicare Documentation, F2F

HCA reminds members that we are co-sponsoring a free webinar on June 2 (10 a.m. to 11:30 a.m.) facilitatedby National Government Services (NGS) whose staff will outline Medicare home health eligibility anddocumentation requirements.

This effort is a partnership between HCA and provider association colleagues (the Healthcare Association ofNew York State and the Medical Society of the State of New York).

The webinar will feature two NGS speakers with information and guidance to hospitals, home healthagencies, and all providers about the shared responsibilities for referring Medicare beneficiaries to home healthservices. The purpose of this unique, joint initiative is to ensure that all involved – hospital-dischargingphysicians, community physicians and home care providers – are aware of the collective responsibility tofacilitate the documentation standards. Additionally, this session is an opportunity to engage and educate non-home-care providers about the needs for timely processing of required paperwork for home care billing.

Online registration for this June 2 webinar is provided by NGS at:https://attendee.gotowebinar.com/register/9076336920263410177.

Registrants are invited to e-mail their pre-webinar questions to HCA at [email protected] before May 31.Please address these questions for the speakers so that we can compile them and forward them for answeringby NGS.

2015 LTHHCP Cost Report Software Posted

The state Department of Health (DOH) has posted the 2015 LTHHCP Medicaid cost report software, alongwith a related Dear Administrator Letter (DAL), to the Health Commerce System (HCS) at https://commerce.health.state.ny.us.

To access the software, providers must enter their HCS user ID and password, select “LTHHCP CostReport” under “my applications,” and then scroll down to access the 2015 cost report software for download.The application was revised to reflect a change in the Department’s internal process for accepting and storingcost report data, and now requires a separate link for users to review historical cost report information forreports submitted prior to April 29, 2015. There are no changes to the process for uploading 2015 cost reportinformation, and users should certify the finalized 2015 cost reports on the link identified as “after APR-29-2015.”

The LTHHCP cost report and certifications must be submitted by August 15, 2016.

DOH also told HCA that all LTHHCPs are expected to file a cost report if they provided services andreceived Medicaid or other payor revenue in 2015, even if the LTHHCP in question has closed or is no longeroperating.

Specific questions on the cost report should be directed to DOH’s Russ Smith at (518) 473-4421. To resolve anyproblems or questions regarding the electronic mail network or HCS, contact the help line at 1-866-529-1890.

For further information, contact Patrick Conole at (518) 810-0661 or [email protected].

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State Posts 2016 Hospice Residence Base Rates, RTR Add-ons

The state Department of Health (DOH) has announced the approval and publication of Medicaid hospiceresidence base rates as well as corresponding Recruitment, Training and Retention (RTR) add-ons for thecurrent calendar year ( January 1 to December 31, 2016).

Providers should have received a Dear Administrator Letter with the rates attached. HCA has posted a spreadsheetwith the rates at http://hca-nys.org/wp-content/uploads/2016/05/2016-HOSPICE-RESIDENCE-Regional-RATE-SPREADSHEET.pdf. These rates will soon be posted to the Department’s website as well.

As reflected in the spreadsheet, the base rates represent 94 percent of the weighted average calendar yearMedicaid rates of nursing facilities in each wage equalization factor (WEF) region. The rates also include apayment add-on of $9.92 per day for agencies that have filed certifications for RTR. These funds are solelyfor the purposes of improving recruitment, training and retention of non-supervisory personnel with directpatient care responsibility.

The rates were forwarded to the Division of Program Operations and Systems for payment. Questions aboutthe rates can be directed to DOH’s Russ Smith at (518) 473-4421.

6/15 HCA Bootcamp with Attorney Frank Fanshawe Eyes HIPAA, PHI Risks

HCA’s Counsel Frank Fanshawe is an expert on HIPAA compliance, particularly in the cyber security realm,which is the subject of an HCA “Bootcamp” program he is leading on June 15 in New York City: HIPAAeRisks and Responses for Home Care Agencies. Please register today at http://hca-nys.org/wp-content/uploads/2016/03/June-15-Survival-Bootcamp-HIPAA-eRisks-Registration-Form.pdf.

Mr. Fanshawe has written extensively about the legal issues of HIPAA eRisks and protected healthinformation for HCA and other audiences, especially in light of several high-profile cases involving databreaches that are cautionary tales for home care providers.

Indeed, the complexities of the HIPAA and HITECH regulatory framework, including cyber security, aresome of the most critical compliance issues facing home care and other health care providers. In anenvironment where data breaches occur with increasing frequency, federal regulators have amplified theirauditing and investigations of provider compliance with the HIPAA/HITECH. Recent violations haveresulted in substantial financial penalties levied against providers.

HCA’s June 15 workshop will review what constitutes Protected Health Information (PHI) and the regulationsrelated to the sharing of PHI. Most importantly, you will learn about: the critical aspects of cybersecuritycompliance; common areas for HIPAA violations; compliance with the HIPAA Privacy, Security and BreachNotification Rules; and what’s required (from a compliance perspective) when the inevitable data breach occurs,such as a stolen laptop or lost thumb drive that contains protected health information.

HIPAA eRisks and Responses for Home Care AgenciesJune 15, 2016130 East 59th Street (near Lexington Ave.), 7th Floor, New York, NY 100229 a.m. to noonDownload the registration form at http://hca-nys.org/wp-content/uploads/2016/03/June-15-Survival-Bootcamp-HIPAA-eRisks-Registration-Form.pdf.

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New HCA Webinar on Home Health Quality Initiatives

On June 23, from 3 to 4:30 p.m., HCA is holding a webinar on Home Health Quality Initiatives. This greattopic in a convenient webinar format is an excellent opportunity to get a handle on the cascade of new qualityrequirements, regulations and initiatives affecting home care providers now and on the horizon.

Federal quality initiatives for home health have escalated significantly over the last year. Quality of PatientCare and Patient Survey Star Ratings are available on the Medicare Home Health Compare website; agenciesmust now meet an OASIS quality reporting threshold; and a pay-for-performance demonstration project hasbegun in nine states. Meanwhile, new on the horizon are proposed changes to the federal Conditions ofParticipation that require a Quality Assessment and Performance Improvement program. The OASIS datacollection also continues to evolve, and OASIS-C2 is scheduled to be implemented in 2017 with a new cross-setting item.

The presenter for this webinar program is Heather Jones, MPH, CHES, COS-C, Associate Vice Presidentfor Quality Initiatives and State Relations for AHHC/SCHCA. She’ll will provide an update on the CMSinitiatives and specify resources that are available to support agencies’ quality improvement efforts.

Download the brochure here: http://hca-nys.org/wp-content/uploads/2016/05/QualityInitiativesFlyer.pdf.

Important UAS Update: Ensure Your Continued Access

The state Department of Health (DOH) has sent an informational message reminding Uniform AssessmentSystem (UAS-NY) users that Course 1025 will become a required course on May 30, 2016.

If you have not completed this course by May 30, you will not be able to access the UAS-NY.

Questions about the UAS can be directed to (518) 408-1021 or [email protected].

MEVS and DVS Manual Updated

Recently, eMedNY posted a revised provider manual entitled “Medicaid Eligibility Verification System(MEVS) and Dispensing Validation System (DVS).” It can be viewed at: https://www.emedny.org/ProviderManuals/5010/MEVS/MEVS_DVS_Provider_Manual_(5010).pdf.

Information about eMedNY training for providers in June is posted at: https://www.emedny.org/training/index.aspx.

Publications

1. “What Ails Medicaid in New York And Does the Medicaid Redesign TeamHave a Cure?” by the Citizens Budget Commission of NYChttp://www.cbcny.org/sites/default/files/REPORT_MEDICAID_05232016_0.pdf

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2. “Medicaid: Vulnerabilities Related to Provider Enrollment and Ownership Disclosure,” by theOffice of Inspector Generalhttp://oig.hhs.gov/oei/reports/oei-04-11-00590.pdf

3. “Medicare: Vulnerabilities Related to Provider Enrollment and Ownership Disclosure,” by theOffice of Inspector Generalhttp://oig.hhs.gov/oei/reports/oei-04-11-00591.pdf

4. “Medicaid Enhanced Provider Enrollment Screenings Have Not Been Fully Implemented,” by theOffice of Inspector Generalhttp://oig.hhs.gov/oei/reports/oei-05-13-00520.pdf

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