The Lead July 29 2021 - LeadingAge Illinois

From the Desk of Karen Messer, President and CEO

Supportive Living:
Home and Community-Based Services (HCBS) Updates to Heightened Scrutiny Locations

Nursing and Rehabilitation:
Updated 2021 Long Form LTC Cost Report and Instruction
Updated Common Billing Issues Document
IDPH Adopts Rules on Colbert Consent Decree for Cook County Homes
Partners in Quality Visit Held in Alton

Other:
TANs and Medicaid Pendings Update
LeadingAge Illinois PAC Cubs Tickets Raffle – Every $25 Donation Gets You a Chance!

From the Desk of Karen Messer, President and CEO

To my LeadingAge family,

I write to you today with a heavy, but profoundly grateful, heart as I complete my tenure with LeadingAge Illinois. I have been blessed with a 40+ year career in aging services that started with my days as a social worker and is concluding with my 32+ years with the association. Serving and supporting you has been my greatest honor and privilege as you fulfill your missions of service to older adults with excellence and a deep sense of humanity during the most sacred moments of their lives. I was and continue to be moved as I hear the stories of your resilience and valiant response to continue your ministries while gripped with the fear and grief that came with the pandemic these past 17 months.

As I conveyed during my Annual Meeting message last month, you have an important story to tell. I urge you to generously share the significance of your work and the positive impact it has on older adults, their families and friends. Your neighbors, friends, church members, fellow students, and your local, state and federal elected officials need to hear your message. Be proud of the noble work that you do and the abiding moments of love, hope and joy that you create every single day for those you serve.

With my deepest gratitude,

Karen

Top Stories:

IDPH Issues Updated Guidance for Nursing Homes and LTC Facilities Incorporating COVID-19 Vaccination
The Illinois Department of Public Health (IDPH) has issued new guidance for Nursing Homes and LTC Facilities Incorporating COVID-19 Vaccination. See the new guidance here, particularly the language in red.

IDPH has also fully adopted the CDC Interim Public Health Recommendations for Fully Vaccinated People. This applies to Phase 5 in all Illinois businesses, venues, and public spaces. Click here for the guidance. Additionally, IDPH released guidance indicating Illinois Fully Aligns with New CDC Masking Recommendations.

Federal Update
The U.S Senate negotiators and the White House reached an agreement on a bipartisan infrastructure bill. A White House Fact sheet on the deal can be found here. Last night, the Senate took a procedural vote and passed a motion 67-32 agreeing to proceed with debate on the bipartisan infrastructure deal that was announced earlier today. Minority Leader McConnell voted in favor of proceeding in addition to a number of other Republicans. This does not guarantee that the bill will ultimately pass but it is a critical juncture.

We encourage you to again use your advocacy voice to take action here to ensure our federal priorities are heard as these dynamics play out.

LeadingAge National Statement Supporting COVID-19 Vaccine Mandates
On Monday, LeadingAge National issued a statement strongly urging all residents and staff in long-term care to get vaccinated. LeadingAge specifically supports requiring vaccines for current and new staff in LTC and other health care settings. Here’s a press release with Katie Sloan’s (President and CEO of LeadingAge National) statement. In addition, LeadingAge is part of a group of more than 50 health and aging services organizations that issued a joint statement in support of vaccine mandates for all health and LTC workers. There was significant coverage in the media including this piece in the Washington Post. LeadingAge Illinois has not released a statement or determined a stance at this time.

Update on Vaccine Mandates as a Condition of Employment for Providers
Here is a quick overview of the latest news on COVID-19 vaccine mandates in the employment setting, as reported on the LeadingAge National Coronavirus Update Call previously. The best resource on addressing vaccine mandates is the EEOC Guidance on what you need to know about COVID-19 Vaccines, the ADA, and other considerations relative to federal employment and discrimination laws.

The federal government probably does not have the authority to institute a national vaccine mandate for all citizens and there is no indication this administration or Congress would attempt to do so. The federal government and their respective agencies do, however, have the authority over the federal workforce. The Veteran’s Affairs (VA) department announced today that it plans to mandate the vaccine for its healthcare workforce.
A state’s power to mandate vaccines to protect public health is well-established and states (and localities like New York City) are currently addressing mandates or prohibiting mandates in a variety of settings including healthcare, schools, and private businesses. These stories are all over the news and discussions at the state legislatures identify a range of options under consideration.
That leaves the third arena – private employers. Providers, as private employers, have no prohibition on vaccine mandates under federal law so they really need to stay attuned to what is happening on the state level as mentioned above.
Two recent court decisions have addressed whether a hospital or public university can mandate a COVID-19 vaccine for employees and students. Both of these cases upheld the vaccine mandate, even while the current vaccines are only under Emergency Use Authorization. Based on these decisions we will likely see more public and private employers implement mandates before we see full FDA approval of the Pfizer and Moderna vaccines.
Finally, if providers implement a policy requiring a COVID-19 vaccine (or other vaccine) as a condition of employment, federal and state law allows employees to request an exemption based on a disability/medical condition or religious objections. Providers should carefully review the EEOC guidance as well as any corollary state law guidance on how to implement such a program within their organization. There is a process in how to address any exemptions to a vaccine mandate and those with flu vaccine mandates should be familiar with this accommodations process already. See this SHRM article for more information.

Help Set the LeadingAge Illinois 2022 Public Policy Priorities
The LeadingAge Illinois 2022 Public Policy Priorities Member Forums are your opportunity to provide input and help us set our 2022 Public Policy Priorities. In these free, one-hour virtual forums, LeadingAge Illinois staff will provide a recap of the spring legislative session, a landscape for the 2022 session, and provide other information and updates to give you the background needed to help us identify the top legislative priorities for the next year. Please come prepared to discuss your challenges and suggestions on how we can have a stronger impact on the day-to-day care and services you provide.

2022 Public Policy Priorities Member Forums:
Nursing Facilities Forum
Thursday, August 5
10-11 a.m.
Register Here

Life Plan Communities/CCRC Forum
Thursday, August 12
10-11 a.m.
Register Here

Assisted Living/Supportive Living Forum
Tuesday, August 17
10-11 a.m.
Registration Opens Soon

Housing Forum
Tuesday, August 24
10-11 a.m.
Registration Opens Soon

HCBS Forum
Tuesday, August 31
Registration Opens Soon

America Rescue Plan Funds Update
LeadingAge Illinois and the other associations met with leadership of the Illinois Department of Healthcare and Family Services (HFS) this week to discuss the rollout of skilled nursing facility payments from the America Rescue Plan that the Illinois General Assembly approved May 31.

The meeting also included legislative staffers and State Representative Anna Moeller (D-43rd District; Elgin), chair of the House Human Services Committee and Vice-Chair of the House Appropriations-Human Services Committee.

The skilled nursing payments will be rolled out in three monthly payments. HFS plans to send a provider notice as well as place information on the payments on their website. We will have all details in the Lead. We anticipate the first payments to be made soon.

New IDPH Bureau Chief of Long Term Care
In our monthly meeting with the Illinois Department of Public Health (IDPH), we met the new bureau chief of long term care, Sheila Baker. She is a nurse (30-plus years experience), practices law in the area of labor relations, and has worked with long term care facilities on compliance, regulations, and quality. We look forward to working with her.

CMS Data Site and County Positivity for Testing
CMS has redesigned the CMS data site to which nursing homes must refer to determine routine testing of unvaccinated staff based on county positivity rates. The information is still available at data.cms.gov. To locate it, scroll down on the main page to “Most viewed datasets” and click on COVID-19 Nursing Home Data.

Supportive Living:

Home and Community-Based Services (HCBS) Updates to Heightened Scrutiny Locations
The Illinois Department of Healthcare and Family Services has posted a new Public Notice regarding Home and Community-Based Services (HCBS) Updates to Heightened Scrutiny Locations – Supportive Living Program (SLP). You may view the new Notice here. HFS asks that you post this notice in a common area(s) where residents, families and other interested individuals can view. Anyone may provide a comment to the Department.

Nursing and Rehabilitation:

Updated 2021 Long Form LTC Cost Report and Instruction
The Illinois Department of Healthcare and Family Services (HFS) has posted Updated 2021 Long Form LTC Cost Report and Instruction files. You may view the new files here.

Updated Common Billing Issues Document
The Illinois Department of Healthcare and Family Services (HFS) has updated the Common Billing Issues Document. Click here to view the document.

IDPH Adopts Rules on Colbert Consent Decree for Cook County Homes
The Illinois Department of Public Health (IDPH) recently adopted emergency rules for nursing homes that are effective July 8 for a maximum of 150 days. The emergency and proposed rulemakings implement

a provision of a federal consent decree in Colbert vs. Pritzker, which requires that Medicaid-eligible adults who reside in nursing homes in Cook County (Colbert Class residents) be advised of their right to seek appropriate placement in a community-based setting. Affected nursing homes must post printed notices advising Colbert Class residents of their right to seek community placement, their right to be free of retaliation for seeking such placement, and advising them of how to report any attempted retaliation for exercising these rights.

Partners in Quality Visit Held in Alton
Last Friday, the Partners in Quality campaign hit Alton where Mark Jeffries, vice president and administrator at Alton Memorial Rehabilitation and Therapy hosted State Representative Amy Elik (R-111th District; Alton). It was the second member visit Rep. Elik has made to a member community this month.

Jason Speaks, director of government relations, represented LeadingAge Illinois at the visit. Rep. Elik took office in January and right away LeadingAge Illinois held virtual meetings with her that included Mark as well as Asbury Village in Godfrey. Rep. Elik is a member of the House Appropriations-Human Services Committee, a key committee that we monitor as legislation such as Medicaid bills and other funding items goes through.

During the representative’s first visit to the community last week, Mark gave her a full background on the 55-year-old community. A number of issues were discussed during the meeting in the administrator’s office. She also viewed areas of the community. Her chief of staff, Stephen Stewart, also attended.

If you have interest in safely and appropriately hosting your legislator for a community visit, or a virtual meeting, contact Jason.

Pictured Above (left to right): Jason Speaks, director of government relations for LeadingAge Illinois, Rep. Amy Elik, and Mark Jeffries, vice president and administrator at Alton Memorial Rehabilitation and Therapy, a Bethesda community.

Other:

TANs and Medicaid Pendings Update
Matt Werner, LeadingAge Illinois Medicaid Consultant, has provided an update this week on Transaction Audit Numbers (TANs) and Medicaid Pendings.

LeadingAge Illinois PAC Cubs Tickets Raffle – Every $25 Donation Gets You a Raffle Entry!
On August 6, we will hold a drawing for 4 tickets (with a parking pass) to a Chicago Cubs vs. Milwaukee Brewers game. Earn a raffle entry for every $25 contributed to the PAC between July 25 and August 5!

RAFFLE PRIZE: 4 Tickets (and Parking Pass) to a Chicago Cubs vs. Milwaukee Brewers Game
THURSDAY, AUGUST 5, 11:59 PM

Deadline to be counted in raffle, one entry per $25 contribution
FRIDAY, AUGUST 6, 2021 @ 12:00 PM Central Time

Raffle Drawing
WEDNESDAY, AUGUST 11, 2021 @ 7:05 PM
Wrigley Field
Chicago

Prize Includes:
Camry Lot Parking Pass
4 Game Tickets
Section 27
(Row 11 Seats 5/6; Row 12 Seats 5/6)

INSTRUCTIONS:

Contribute here by 11:59 PM on August 5, 2021 to be entered into the raffle (one entry per $25 contributed).
In the “write a note” section, type “Cubs”
The minimum donation for a raffle drawing entry is $25.
Each $25 contribution earns you an entry in the raffle drawing (e.g. a $100 donation gets you 4 entries). The higher your contribution, the more chances you have to win!

The raffle will be conducted on August 6, 2021 at noon Central Time. The raffle winner will be notified immediately following the drawing.

The LeadingAge Illinois PAC Cubs Tickets Raffle is

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