Lead November 11, 2021
Top Stories:
Update on Vaccine Mandates
Life Plan Communities/CCRCs:
Meridian Village Hosts State Representative to Speak with Residents
LeadingAge Illinois Meets with Sponsor of Bill on Residents Serving on Life Plan Community Boards
Supportive Living:
Supportive Living Program Room and Board Amounts for 2022
Nursing and Rehabilitation:
IDPH Adopts Emergency Rules on Social Isolation
IDPH Extends Rules on Colbert for Cook County Homes
Housing:
Embrace Living Holds Virtual Meeting with Representative Collins on Affordable Housing
Top Stories:
Update on Vaccine Mandates
On Saturday, November 6, the Fifth Circuit Court of Appeals issued an order blocking the OSHA Vaccination and Testing Emergency Temporary Standard (ETS) from taking effect on a nationwide basis until it could further review the merits of the case. The order requires briefs to be filed on the case by tomorrow so a decision from the 5th Circuit should be issued soon. The OSHA ETS is also facing challenges in the Sixth, Seventh, Eighth, and Eleventh Circuit Courts of Appeals and we will keep you posted as these cases make their way through the courts. Providers should review the OSHA ETS and prepare to implement the requirements if the ETS survives the legal challenges.
Here is an update with vaccine resources in one place regarding the CMS Interim Final Rule, the OSHA Emergency Temporary Standard (ETS), Federal Contractor rules, and information from the Health Action Alliance including templates.
Also, LeadingAge in partnership with Pathway Health created a template policy and procedure that may be used by nursing homes to outline the elements of the plans required by CMS in the November 5 Interim Final Rule, Omnibus COVID-19 Health Care Staff Vaccination. The template vaccine policy and procedure includes definitions, the timeline for compliance and the steps for exemptions. In addition, your organization should refer to the regulation on staff vaccine education and documentation as a part of the policy and procedure.
Life Plan Communities/CCRCs:
Meridian Village Hosts State Representative to Speak with Residents
Colleen Bottens, executive director of Meridian Village, a Lutheran Senior Services community, hosted State Representative Katie Stuart (D-112th District; Edwardsville) in Glen Carbon recently. Colleen is president of the LeadingAge Illinois CCRC Cabinet. Jason Speaks, director of government relations, represented LeadingAge Illinois during the visit. Stuart has visited the community several times before and has been a part of the LeadingAge Illinois Partners in Quality program. During her recent visit, she visited with independent living residents and discussed a number of issues. Stuart has been a part of the nursing home reform hearings in the Illinois House and the recent visit was another important step in keeping our quality members in front of legislators making decisions on senior living statutes and regulations.
LeadingAge Illinois Meets with Sponsor of Bill on Residents Serving on Life Plan Community Boards
This week we met with State Representative Jennifer Gong-Gershowitz (D-17th District; Glenview) on our concerns with her legislation, HB4180. The bill creates Section 13 in the Life Care Facilities Act: Resident rights; board of directors. Angela Schnepf, president and CEO, and Jason Speaks, director of government relations at LeadingAge Illinois and spoke to the
Synposis:
- A resident is entitled to be represented by at least one resident voting member on the board of directors or equivalent governing body of the resident’s provider.
- A provider with more than one facility must seat as a voting member on the provider’s board of directors or equivalent governing body at least one resident from each of the provider’s facilities in this State.
- A resident voting member shall be elected by a resident’s association or similar body, without input from the provider’s board of directors or equivalent governing body.
- A resident has the right to self-organization.
- Reprisal by a provider is not permitted in response to activities including, but not limited to, participation in a resident’s association or organization or complaint to the Illinois Department of Public Health (IDPH) of the provider’s violation of this Section or any other State law.
- A provider’s board of directors or equivalent governing body must hold quarterly meetings for open discussion of subjects including, but not limited to, income, expenditure, and financial trends and issues as they apply to the continuing care retirement community and proposed changes in policies, programs, and services.
- A provider’s board of directors or equivalent governing body shall consult and discuss with a facility’s residents or the representatives of a facility’s residents any proposed action that might significantly affect the well-being of the facility’s residents or the financial stability of the facility before taking the proposed action.
- IDPH shall ensure that providers comply with the provisions of this Section by instituting a penalty for noncompliance with this Section.
- Effective upon becoming law.
If you have any feedback or questions on this bill, please contact Jason Speaks.
Supportive Living:
Supportive Living Program Room and Board Amounts for 2022
The Illinois Department of Healthcare and Family Services (HFS) has posted the Supportive Living Program Room and Board Amounts for 2022.
Nursing and Rehabilitation:
IDPH Adopts Emergency Rules on Social Isolation
The Illinois Department of Public Health (IDPH) recently adopted emergency rules for nursing homes and sheltered care effective October 22, 2021 for a maximum of 150 days. They implement Public Act 102-640, which requires long term care facilities to implement policies to prevent social isolation among residents.
“Social isolation” is defined in the PA and in the as occurring when a resident of a long-term care facility is unable to engage in social interactions or religious and recreational activities with other facility residents or with family members, friends, loved ones, caregivers and external support systems. Facilities shall adopt written policies that provide for the availability of assistive and supportive communication technology (e.g., computers, video or audio conferencing) to residents and that ensure appropriate staff are in place to prevent social isolation of residents.
These policies shall generally encourage in-person contact, communication, religious and recreational activity except when prohibited, restricted or limited by federal or State action (e.g., public health emergency orders). When such restrictions are in place, facilities shall encourage residents to use assistive and supportive technology to maintain contact with others; provide a means for residents to request access to assistive/supportive technology devices; and have procedures in place to insure that these devices are accessible to all residents and are properly maintained (including cleaning/ disinfection).
When in-person visitation is not feasible, virtual visitation schedules shall be established for residents upon admission or upon a request from the resident or the resident’s representative. Facility policies regarding virtual visitation shall be in addition to, and shall not replace, in-person visitation policies. Facilities may also apply to IDPH for grants to fund the purchase of assistive communication technology. A facility that fails to implement the policies commits a Type C (low risk) violation that carries an administrative penalty (fine) of $250 to $500 per violation, but this penalty will not be imposed on any facility prior to January 1, 2023.
IDPH Extends Rules on Colbert for Cook County Homes
The Illinois Department of Public Health (IDPH) recently adopted nursing home rules effective October 25, replacing emergency amendments that were effective July 8. The rulemaking implements a provision of a federal consent decree in Colbert vs. Pritzker, which requires that Medicaid eligible adults with disabilities 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.
Housing:
Embrace Living Holds Virtual Meeting with Representative Collins on Affordable Housing
Embrace Living Communities held a virtual Partners in Quality meeting with State Representative Lakesia Collins (D-9th District; Chicago). She is about to enter her second legislative session since taking office this year. North Orchard Place, an Embrace Living community, is in her district.
Ralph Gaines, CEO, Greg Watson, vice president of operations, and Alina Serban, chief of staff, represented Embrace in the meeting. Angela Schnepf, president and CEO, and Jason Speaks, director of government relations, represented LeadingAge Illinois.
Rep. Collins serves on key committees that include Housing and Human Services. She has been very vocal in the nursing home reform hearings that have been held in September and October. The Embrace team gave the representative a background on their organization and specifics on North Orchard Place. She had several questions and the discussion also included other issues in the continuum. She committed to visiting other LeadingAge Illinois members in the near future.