Lead July 7, 2022
Life Plan Communities/CCRCs:
Life Plan Communities June LeadingAge Member Network Meeting Materials
Assisted Living:
HRSA Finally Approves Some Assisted Living Providers and are Reviewing for Phase 4 PRF
Nursing and Rehabilitation:
CMS Memo on How Compliance Will Be Assessed
Home and Community Based Services (HCBS):
Member Resources on Home Health Proposed Rule
Other:
New Sexual Harassment Prevention Requirements for Employers in Chicago
Life Plan Communities/CCRCs:
Life Plan Communities June LeadingAge Member Network Meeting Materials
Didn’t have a chance to see the entire LPC June Member Network Meeting on the evolution of hospitality culture in LPCs? It was a dynamic discussion that is definitely worth a replay. You can see the recording here and the slides here. Mark your calendars: the next meeting is Thursday, July 28 at 1:00 p.m. CST on the workforce crisis and policy work being done by LeadingAge. You can sign up by emailing Dee Pekruhn if you’re not already a regular attendee. All are welcome.
Assisted Living:
HRSA Finally Approves Some Assisted Living Providers and are Reviewing for Phase 4 PRF
LeadingAge National has been trying to resolve Provider Relief Fund (PRF) provider verification and eligibility issues for some assisted living members for roughly two years now. In late April, HRSA provided an opportunity for these assisted living members to submit additional documentation to HRSA to prove their licensure or certification. HRSA said that they approved the majority of these submissions, which is good news for members who have been denied PRF until now. HRSA is now reviewing these organizations’ financial documentation for Phase 4 payment considerations and will be notifying these providers of their payment decisions likely in August.
Nursing and Rehabilitation:
CMS Memo on How Compliance Will Be Assessed
The Centers for Medicare & Medicaid Services (CMS) issued a memo on June 29, 2022 detailing surveyor guidance clarifying specific regulatory requirements and provided information on how compliance will be assessed. CMS revised its guidance to State agencies, to strengthen the management of complaints and facility reported incidents. Surveyors will begin using this guidance to identify non-compliance on October 24, 2022.
Home and Community Based Services (HCBS):
Member Resources on Home Health Proposed Rule
LeadingAge National has prepared information to help members navigate CMS’s Home Health Prospective Payment System Rate Update (read our initial summary). Find the latest materials below on leadingage.org, and join the next Home Health Member Network Meeting on July 19 at 1:00 p.m. CST. Resources and additional information:
Other:
New Sexual Harassment Prevention Requirements for Employers in Chicago
Illinois employers should already be familiar with the requirements for sexual harassment training under the Illinois Workplace Transparency Act. As of July 1, 2022, employer with employees in Chicago will have some additional requirements related to the prevention of sexual harassment in the workplace, including an additional posting, modifications to written policies, and expanded training obligation. An employer that fails to comply with the new requirements in the Chicago Human Rights Ordinance (Ordinance) will be exposed to monetary penalties, so it is important to understand the new requirements.
New Poster and Update to Written Policy:
The most time-sensitive requirements for employers are to make updates to sexual harassment policies and to post new notices. By July 1, 2022, all employers with employees in Chicago must update their sexual harassment policies and display new notices. A copy of the notice can be found here. Employers must display the notice in both English and Spanish.
To the extent an employer’s current written policy does not already comply, employers must create a written policy that includes:
- A statement that sexual harassment and retaliation for reporting sexual harassment is illegal in Chicago;
- The new and expansive definition of “sexual harassment,” which is provided below;
- A notification that all employees are required to participate in sexual harassment prevention and bystander training annually;
- Examples of conduct that amounts to sexual harassment; and
- Information on how to report sexual harassment allegations, how to make a confidential report or internal complaint to the appropriate individuals and an overview of the legal services, including governmental services, available to employees.
The required definition of sexual harassment is as follows: any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature or (ii) requests for sexual favors or conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment; or (iii) sexual misconduct, which is behavior of a sexual nature that also involves coercion, abuse of authority, or misuse of an individual’s employment position.
Sexual Harassment Training:
Employers must conduct sexual harassment prevention training by June 30, 2023 and annually thereafter. The training must include: 1 hour of sexual harassment prevention training (2 hours for supervisors/managers) and 1 hour of bystander intervention training for all employees. “Bystander intervention” refers to actions an individual can take when they witness an incident. The training provides ways for that individual to safely intervene.
Document Retention Requirements:
Employers also must keep records of their written policies, the training provided and all other records necessary to show compliance for at least 5 years, or through the duration of any claim, civil action, or pending investigation.
Employers that do not comply with the Ordinance can be fined between $500-$1000 for each offense – every day that a violation continues is a separate offense, making it important that employers comply in a timely manner.
You can contact Jason Lundy of IceMiller if you have questions or would like assistance in complying with the new law.