The Lead January 26, 2023
From the Desk of Angela Schnepf, President and CEO
Top Stories:
COVID – 19 Therapeutics Update and Survey for Providers
Senior Housing Residents’ Advisory Council Established
Impending Deadlines
Assisted Living:
IDPH Proposes Changes to AL Code
Home and Community Based Services (HCBS):
Research Finds Many Older Adults Declined Home Health Visits for Fear of COVID
From the Desk of Angela Schnepf, President and CEO
Recently, the LeadingAge National staff met with the White House Office of Management and Budget (OMB) to reiterate their position on an expected OSHA rule relating to occupational exposure to COVID-19 in healthcare settings. LeadingAge submitted comments as part of that process, noting that the ETS was overly-prescriptive and duplicative of applicable requirements and guidance already established by CMS and CDC, among other issues. After a lengthy consideration of the public comments it received, OSHA sent a final rule to OMB for its review and approval in December 2022. LeadingAge used the recent meeting to reiterate for White House staff the comments submitted to OSHA earlier in the process, including that any final rule should allow employers flexibility such as a “safe harbor” for those in compliance with current CDC guidance. We will continue to discuss this issue with National and monitor this issue closely as well as provide updates when warranted.
Kindest regards,
Angela
Top Stories:
COVID – 19 Therapeutics Update and Survey for Providers
The Illinois Department of Public Health (IDPH) has received feedback from consumers regarding challenges in accessing Remdesivir as well as significant provider hesitancy in prescribing therapeutics. IDPH wishes to understand these barriers and also develop a resource list of providers and facilities offering Remdesivir in Illinois. They have asked for individuals to answer a three question survey before February 1, 2023.
You can follow these link to access the latest in COVID – 19 clinical guidance from the HHS and the FDA:
• Therapeutics Clinical Guide
• Fact Sheet of the White House Winter Preparedness Plan
IDPH COVID – 19 Therapeutics Office Hours are now the first and third Friday of the month from 10:30 am – 11:00 am CST. If you have not received the invitation, please contact the IDPH COVID – 19 Therapeutics Program to request an invitation to this bi – monthly meeting.
Senior Housing Residents’ Advisory Council Established
Established under Public Act 102-0986, the purpose of the Senior Housing Residents’ Advisory Council is to create a space and opportunity for older Illinoisans to connect with each other and formulate ideas on how the State can improve the quality of life for its older residents, particularly those residing in long-term care facilities and other congregate settings. The Council will be administered by the Illinois Department on Aging (DoA). The first meeting is January 24 from 3-4:30 p.m. CST and all meetings are open to the public via webex.
Impending Deadlines
Each week, we will keep you abreast of important deadlines.
• January 31, 2023: This is reportedly when the Illinois Department of Public Health (IDPH) will issue the staffing fines.
• January 31, 2023: HUD is currently accepting reimbursement requests from housing providers for COVID expenses completed or committed by January 31, 2023. LeadingAge has complied FAQs with HUD’s latest answers to our questions on CSPs; LeadingAge will also host an additional “Office Hours” session on January 19 at 2pm ET. Members can register here for the CSP Office Hours.
Assisted Living:
IDPH Proposes Changes to AL Code
The Illinois Department of Public Health (IDPH) has proposed changes to the Assisted Living and Shared Housing Establishments Code. This comes at the same time that LeadingAge Illinois has finalized recommended revisions to the Code after several months of review and work completed by the Assisted Living Cabinet and legal counsel. The LeadingAge Illinois Board approved the proposed revisions at their last meeting and the proposal was recently sent to the Department. We have requested a meeting with leadership of the Department to discuss our proposal as well as their proposed rulemaking.
The IDPH proposed amendments contain the following:
• Update life safety requirements bathtub/shower requirements for assisted living units
• Clarify complaint investigation procedures
• Update the definition of an assisted living establishment to reflect current statutes
• Fees for licensure applications are increased to $6,000 (currently $2,000) for assisted living establishments
• $60 (currently $20) per licensed unit in an assisted living establishment, and
• $3,000 (currently $1,000) for shared housing establishments.
• Fines are also being increased from $500 to $1,500 for first-time Type 2 violations; $1,000 to $3,000 for repeat Type 2 violations; $2,000 to $6,000 for first-time Type 1 (serious/endangering) violations; and from $6,000 to $20,000 for repeat Type 1 violations.
• An establishment that cares for a resident whose needs exceed those that assisted living centers are authorized to provide (i.e., the resident requires sheltered care or skilled/intermediate care) will be fined $1,500 (currently $500) for the first violation and $3,000 (currently $1,000) for subsequent violations, with each day of unauthorized care counted as a separate violation.
• Clarifies that IDPH must conduct an on-site investigation of any complaint that does not involve abuse or neglect within 30 days of the complaint (existing rule requires on-site investigation of abuse/ neglect reports within 24 hours if a resident’s life or safety is in imminent danger and within seven days otherwise).
• Specify the information to be included in an establishment’s statement of correction (outlining actions that will be taken to remedy violations)
• Define a reportable serious incident or accident as any occurrence that causes a resident physical or emotional harm or injury
• Requires establishments to inform employees of available employee assistance programs.
If you have any questions or comments on the IDPH proposed changes or would like to discuss LeadingAge Illinois’ proposed revisions, contact Jason Speaks, director of government relations.
Home and Community Based Services (HCBS):
Research Finds Many Older Adults Declined Home Health Visits for Fear of COVID
A new study out of the University of Michigan, finds that older adults prioritized the dangers of COVID infection over the risks associated with postponing or cancelling medically necessary home-based care. Of the 27 home-based care agencies interviewed for the study, many reported a drop in census including one agency whose patient load dropped 38% due to patients cancelling services. Despite strict infection control guidelines, participants reported patients associated the presence of a home-based care provider with increased likelihood of infection. The research demonstrates a demand for education and evidence-based tools to better address patients’ COVID related fears.