The Lead July 2, 2021 - LeadingAge Illinois

Life Plan Communities/CCRCs:
LPC Advisory Group July Meeting

Assisted Living:
2021 Argentum & Lument Largest Providers Report Now Available

Nursing and Rehabilitation:
Emergency Preparedness for Nursing Homes

Home and Community-Based Services (HCBS):
Department on Aging Announces Home Care One Time Bonus Payment

Other:
Illinois Antimicrobial Stewardship Summit

Top Stories:

Feeling Valued Because They Are Valued: A Vision for Direct Care Professionals
Professional caregivers—including nursing assistants, personal care aides, and home health aides—have always played an important role in the field of long-term services and supports (LTSS). And the coronavirus pandemic shed new—and much-needed—light on the valuable role these professionals play in nursing homes, assisted living communities, and home and community-based settings across our nation. LeadingAge National has released a new paper, Feeling Valued Because They Are Valued, laying out our vision for professionalizing the direct caregiving workforce. Along with researchers at the LeadingAge LTSS Center @UMass Boston, they developed six strategies for reimagining the professional direct care workforce across long-term care settings: 1) expand the caregiver pipeline, 2) strengthen education and training, 3) facilitate career advancement, 4) increase compensation, 5) prepare universal workers, and 6) reform the LTSS financing system. This vision is part of the long-standing efforts to encourage policymakers and consumers to reexamine how they view direct care professionals and the work they do. Read the full report, the two-page executive summary, or check out the infographic now. And stay tuned for more in coming weeks. This is not just an academic exercise for LeadingAge.

Partners in Quality Visit Held with New Senator in Bloomington
The LeadingAge Illinois Partners in Quality campaign had its first member visit in 16 months on Wednesday in Bloomington. After 33 virtual visits this year, we took part in Westminster Village’s visit with Senator Sally Turner (R-44th District; Bloomington). It was the Senator’s first visit to the community since taking office in January. We held a virtual visit with her and Westminster during the legislative session. Sen. Turner serves on the Senate Appropriations-Human Services Committee, a key legislative committee particularly for Medicaid issues.

During her Wednesday visit she was given a full tour and educated on the community by Barbara Nathan, CEO, and Matt Riehle, Chief Operating Officer. Matt, who serves as President of the LeadingAge Illinois Nursing Facilities Cabinet, met the Senator initially in the virtual visit during session. Westminster Village is an association leader in grassroots advocacy, educating legislators at the state and federal level on aging services.

Westminster Village has been in Bloomington for 42 years. They provide independent living, assisted living, and skilled nursing. They have over 400 residents and 250 staff. On the senator’s tour a number of issues were discussed, such as Medicaid Rate Reform, COVID-19 challenges, and industry needs. Sen. Turner toured the neighborhood model, medical clinic, wellness center, the new assisted living and memory care that opened in September, and the new park that will feature outdoor recreation and a large water sculpture. Situated near two universities, Westminster serves as a clinical site for universities. Turner thanked staff members for their service to older adults when speaking with them.

We continue to build relationships with new legislators. LeadingAge Illinois staff and Ray Dickison, chief operating officer of Christian Horizons also attended an reception hosted by Senator Turner in March. We look forward to continuing to educate her on aging services issues.

If you would like to host a Partners in Quality visit, contact Jason Speaks.

OSHA Emergency Temporary Standard and LeadingAge Virtual Update Posted
LeadingAge National has posted a virtual update on the OSHA Emergency Temporary Standard for healthcare settings live on its Learning Hub. The virtual update is free for LeadingAge members.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) emergency temporary standard (ETS) for healthcare settings was published in the federal register last week– triggering the compliance dates for the provisions of the standard. Employers must comply with most provisions by July 6, and with provisions involving physical barriers, ventilation, and training by July 21. OSHA pledged to use its enforcement discretion to avoid citing employers who are making a good faith effort to comply with the ETS. A summary of the ETS outlines its requirements, most of which providers are already doing in addressing the COVID-19 pandemic. OSHA has created many tools on its resources page to assist employers in compliance.

Provider Relief Funds Reporting Portal Now Open
On July 1, HRSA opened the reporting portal for submitting reports. Providers that received one or more payments exceeding $10,000, in the aggregate, during a Payment Received Period are required to report on the use of funds. PRF recipients must only use payments for eligible expenses, including services rendered, and lost revenues attributable to coronavirus before the deadline that corresponds to the relevant Payment Received Period. Providers who are required to report during Reporting Period 1 have until September 30, 2021 to enter the Portal and submit their information. All recipients of PRF payments must comply with the reporting requirements described in the Terms and Conditions.

The best opportunity to understand the reporting requirements and reporting through the portal will come at the LeadingAge “Complying with New Provider Relief Fund Reporting Requirements” webinar on July 27 at 1:00 p.m. CST where CLA will lend their accounting and auditing expertise to this discussion. There will be ample time for members to ask questions as part of this live webinar. Sign up at this registration link.

TANs and Pendings Update
Our Medicaid consultant, Matt Werner, has provided the latest update on Transaction Audit Numbers (TANs) and Medicaid Pendings.

Full Legislative Recap
Although we provided a recap of the 2021 Illinois General Assembly session in an earlier edition, we have expanded the recap to detail the legislation presented in the first session of the 102^nd Illinois General Assembly. Over the summer, we will hold discussions with legislators, regulators, stakeholders, and members on key issues impacting aging services as we work to set our 2022 Public Policy Priorities.

LeadingAge Illinois Public Policy Priorities:

COVID-19 Relief/Recovery Funding:
Impact: $75 million in relief funding will be allocated to providers over a three-month period.
Applicable Settings: All
Next Actions: We were disappointed with the amount provided and believe we made a strong case for provider needs and we will immediately work to pursue additional relief funding for providers.
Synopsis of Issue:
The Illinois General Assembly (ILGA) adjourned June 1, passing a state budget (SB2800) and the Budget Implementation Bill (BIMP; SB2017). LeadingAge Illinois individually contacted all 177 legislators with our funding “asks” for skilled nursing, assisted living communities, and supportive living programs. During the last week of session, we had a meeting with the Director of the Illinois Department of Healthcare and Family Services (HFS) and Department leaders as well as a call last week with House Majority Leader, State Representative Greg Harris (D-13^th District; Chicago) to verbally bring forth the funding request.

The state budget appropriates $75 million in America Rescue Plan (ARP) funds from the State Coronavirus Urgent Remediation Emergency Fund for long term care in addition to $46 million in re-appropriated funds from the CARES Act.

Separate from the ARP/CARES funds, Supportive Living communities will be allocated $80 million due to the enhanced federal FMAP. The BIMP also includes language providing for nursing home bed reduction payments (page 534) for reducing bed capacity and room occupancy.

The Illinois Housing Development Authority (IHDA) will receive $368,700,000 from the ARP funding for the Emergency Rental Assistance Program to fund the program and grants. An additional $461,000,000 was also allocated to the program.

The Illinois Department on Aging will receive receive about $50 million for Older Americans Act (AAA) programs and services (Caregiving, Social Isolation, outreach for vaccination, Ombudsmen and Adult Protective Services). In addition to that funding, the Department will be receiving an enhanced Federal Medicaid Assistance Percentage (FMAP) of 10% for the Community Care Program (CCP) Medicaid Elderly Waiver program. The actual FMAP funding level has not yet been determined.

The Governor signed SB2800 into law on June 17 as Public Act 102-0017 and SB2017 as Public Act 102-0016.

Grocery Tax:
Impact: Assisted Living and Life Plan Communities (LPCs) will see a reduction in “grocery taxes” from 6.5% to 1%.
Applicable Settings: Assisted Living and Life Plan Communities/CCRCs
Next Actions: Awaiting Governor’s signature of the BIMP.
Synopsis of Issue:
Language was included in the passed BIMP that extends the 1% rate of tax to food prepared for immediate consumption and transferred incident to a sale of service at assisted living and life care communities, instead of the 6.5% that some communities are paying. The bill had passed 58-0 out of the Senate in April, but was not called in the House Revenue and Finance Committee as the Chair did not call bills that offered credits or exemptions. The language was placed in the BIMP at the request of the House sponsor, State Representative Kelly Burke (D-36th District; Oak Lawn) and was a part of the passed BIMP.

Mandated Insurance Coverage of COVID-19 Testing to Assisted Living and Supportive Living Employees:
Impact: In addition to nursing home employees, insurance companies now required to cover COVID-19 testing for assisted living and supportive living employees.
Applicable Settings: Assisted Living and Supportive Living
Next Actions: Address the issue of the sunset date. Potential options to pursue include trailer legislation to remove the sunset.
Synopsis of Issue:
As we reported in January, legislation was passed in the “Lame Duck” session that required insurance companies to cover COVID-19 testing for nursing home employees. Immediately after the passage, we began discussing with legislators the need to also include assisted living and supportive living. The language including the two settings was included in this trailer legislation (SB1096) to the lame duck bill. We took a neutral position due to the inclusion of a sunset date of January 1, 2022.

Protect Telehealth:
Impact: Provides for parity in coverage of telehealth vs. in-person care.
Applicable Settings: All
Next Actions: Awaits the Governor’s signature. The Coalition to Protect Telehealth has sent a letter to the Governor, urging his signature.
Synopsis of Issue:
HB3308 passed on concurrence in the Illinois House 118-0 and passed both houses the final night of session. The bill aligns telehealth coverage and payment with in-person care and removes barriers. LeadingAge Illinois is a member of the Coalition to Protect Telehealth.

Biometric Information Privacy Act
Impact: Lack of an amended Act, which does not allow for protections for members
Applicable Settings: All
Next Actions: Summer meetings with stakeholders and legislators.
Synopsis of Issue:
We supported HB3414, which would have excluded nursing homes from the Biometric Information Privacy Act (BIPA). The bill did not move forward this session. LeadingAge Illinois held discussions with other legislators with interest in the BIPA issue. SB2039 would have repealed BIPA. It was assigned to committee, but not called and did not move forward. HB559 made it out of the House Judiciary-Civil Committee in March, but did not move beyond that. The bill was sponsored by State Representative Jim Durkin (R-82nd District; Burr Ridge), the house republican leader, who mentioned the negative impact the BIPA has had on senior living providers. LeadingAge Illinois worked with the stakeholders on amendatory language for consideration to make changes to the BIPA to protect the aging services industry. LeadingAge Illinois supported all legislation this session that would provide for a remedy to the impact of BIPA for our members and we will continue to engage in conversations with stakeholders and legislators over the summer on this issue.

Prejudgment Interest:
Impact: Imposes a prejudgment interest rate at 6%, minus statutory attorneys fees.
Applicable Settings: All
Next Actions: Continue to inform legislators of the damage this law places on the industry.
Synopsis of Issue:
HB3360, which passed late in the “Lame Duck” session in January, was vetoed by the Governor on March 25, 2021. LeadingAge Illinois actions on HB3360, included:

Alerts to all members asking them to call and send a message to the Governor’s Office, urging a veto.
Represented by outside counsel, LeadingAge Illinois and the other associations met with Ann Spillane, general counsel to the Governor, requesting a veto of the bill or, at a minimum, parity in the industry with respect to prejudgment interest and attorneys fees.

Concurrently with the Governor’s considerations on HB3360, the 102^nd Illinois General Assembly acted on SB72, introducing House Amendments #1 (HCA) and #2 (HFA), each offering a scaled-down version of HB3360. LeadingAge Illinois actions on HCA#1 included:

Members with State Representatives on the House Executive Committee contact the legislators urging a “No” vote on House Committee Amendment #1.
Several members completed witness slips to oppose this legislation. LeadingAge Illinois went on official record opposing the legislation as well.

House Committee Amendment #1 passed out of the Executive Committee (9-6). The following day, House Floor Amendment #2 (became the bill) was introduced and passed the House by a 64-40 vote.

The Senate concurred with the amendments, 37-17-3, and SB72 passed both chambers. The Governor signed the piece of legislation into law as Public Act 102-0006 and it is effective July 1, 2021.

The passed bill imposes a 6% penalty on prejudgment interest (instead of 9% in HB3360), minus statutory attorneys fees. The interest shall begin to accrue on the date the action is filed (rather than HB3360 language of the date the defendant has notice of the injury from the incident itself or a written notice).

Medicaid Rate Reform:
Impact: The final redesign will impact the long term care Medicaid rate providers receive.
Applicable Settings: Long term care
Next Actions: We will engage in further discussions over the summer with the Illinois HFS, the other associations, and legislators on our Medicaid Rate Reform proposal. We will continue to work to push for tying rates to staffing and quality as well as minimizing losers in a provider tax.
Synopsis of Issue:
LeadingAge Illinois and the Illinois Health Care Association (IHCA) presented a joint Medicaid Rate Reform proposal to the Illinois Department of Healthcare and Family Services (HFS), the legislature, and the Medicaid Work Group. HB3899, our rate reform legislation, passed out of the House Appropriations- Human Services Committee 24-0 in March. However, Medicaid Rate Reform legislation was not considered in the latter part of the session.

Nurse Licensure Compact:
Impact: The industry faces a shortage without programs such as the Nurse Licensure Compact.
Applicable Settings: All
Next Actions: Summer meetings with legislators and stakeholders.
Synopsis of Issue:
LeadingAge Illinois supported legislation that would add Illinois to the Nurse Licensure Compact. SB2068 passed out of the Senate Licensed Activities Committee 9-0 in late March. It did not move beyond second reading in the Senate. The house version, HB580, did not get called in committee and was not further considered. SB1807 also did not move forward. We supported and advocated for each of these pieces of legislation this session and will continue to discuss the compact with legislators and stakeholders over the summer.

Passed Legislation:

Staffing Rule:
LeadingAge Illinois Position: Priority Support
Impact: BIMP language allows a delay in the implementation of fines for noncompliance with the reporting requirement.
Applicable Settings: Nursing Homes
Next Actions: Education of members.
Synopsis of Issue:
The BIMP included language the associations requested on the Illinois Department of Public Health (IDPH) staffing rule. LeadingAge Illinois and the Illinois Health Care Association (IHCA) had conference calls with Senator Bill Cunningham (D-18th District; Chicago), assistant majority leader/president pro tempore and Rep. Harris to request language on the staffing data reporting that says that “the manner in which the Department requests payroll-based journal information to be submitted shall align with the federal Centers for Medicare and Medicaid Services’ (CMS) requirements that allow providers to submit the quarterly data in an aggregate manner.” Language was also added stating that “no monetary penalty may be issued for noncompliance during the implementation period, which shall be July 1, 2020 through December 31, 2021 (instead of September 30, 2020)” and “monetary penalties shall be imposed beginning no later than January 1, 2022 (instead of January 1, 2021).”

Medicaid Applications:
LeadingAge Illinois Position: Support
Impact: Allows a request for long term care admission to be filed in 120 days instead of 45 days and still have the effective admission date be used. Currently, if the admission request is submitted after 45 days then the admit date cannot start earlier than the date the request was receives.
Applicable Settings: Long term care
Next Actions: Education of members. We will continue to examine ways to improve the Medicaid application process.
Synopsis of Issue:
HB357 says that within 120 calendar days (rather than 45 calendar days) of receipt by a long-term care facility of required prescreening information, new admissions with associated admission documents shall be submitted through the Medical Electronic Data Interchange (MEDI) or the Recipient Eligibility Verification System or shall be submitted directly to the Illinois Department of Human Services (DHS) using required admission forms.

Nursing Home Social Isolation:
LeadingAge Illinois Position: Support
Impact: Requires nursing homes to have technology readily available for residents to connect with their families and friends. Imposes fines for violations of the requirements.
Applicable Settings: Nursing Homes
Next Actions: Education of Members.
Synopsis of Issue:
LeadingAge Illinois had several discussions and meetings on SB2137, a bill on nursing home isolation and communicative technology. We were initially neutral, but after discussions and amendments to this bill, we supported the final piece that passed both houses with all yes votes. The bill requires nursing homes to adopt and implement written policies and procedures to provide for the availability of technology to residents, and ensure that appropriate staff are in place to prevent the social isolation of residents.

Resident Phone/Video Calls:

LeadingAge Illinois Position: Neutral

Impact: Requires nursing homes to make reasonable efforts, during a public health emergency, to connect residents daily with a family member or friend by phone or video.

Applicable Settings: Nursing Homes

Next Actions: Education of Members.

Synopsis of Issue:

HB3147 says that upon request, a nursing home must make every reasonable effort to facilitate at least one phone call or video call between a resident and a single family member of the resident each day during a disaster declared by the Governor under the Illinois Emergency Management Agency Act, unless doing so could pose a danger to residents or staff or redirect resources away from direct resident care and protection.

LTC Advisory Board Membership and Report:

LeadingAge Illinois Position: Opposed introduced bill and neutral on amended legislation.

Impact: Adds another government regulatory representative to the LTC Facility Advisory Board.

Applicable Settings: Nursing Homes

Synopsis of Issue:

HB2433 adds to the Long-Term Care Facility Advisory Board one member representing local health departments who is a nonvoting member. Further states that the Illinois Department of Public Health’s (IDPHs) annual review and report concerning the complaint process must include substantiated complaints that were completed. Requires the report to be provided to the Illinois General Assembly in addition to the Long-Term Care Facility Advisory Board, and the Illinois Long-Term Care Council. The introduced bill would have allowed local health departments to investigate nursing home complaints. Another proposed amendment would have added a caregiver to the advisory board.

Informed Consent:

LeadingAge Illinois Position: Support

Impact: Dispensing pharmacists may be from same facility as resident. Informed consent shall be until a change in the prescription occurs.

Applicable Settings: Nursing Homes

Synopsis of Issue:

SB2265 amends parts of the Nursing Home Care Act that require the Illinois Department of Public Health (IDPH) to adopt a protocol specifying how informed consent for psychotropic medication may be obtained or refused that requires a discussion between the resident or the resident’s surrogate decision maker and the resident’s physician, a registered pharmacist, or a licensed nurse about the possible risks and benefits of a recommended medication and the use of standardized consent forms designated by the Department:

Removes language prohibiting the registered pharmacist from being a dispensing pharmacist for the facility where the resident lives and
Specifies that a licensed nurse includes a licensed practical nurse.

Forms will be designated by the Department and may be able to be downloaded from a website designated by the Department. The maximum possible period for informed consent shall be until a change in the prescription occurs as to the change in the type of psychotropic medication or an increase in dosage (rather than a change in dosage), unless the physician’s order for which informed consent was given provides for an increase in dosage.

Program of All-Inclusive Care for the Elderly Act (PACE):

LeadingAge Illinois Position: Neutral

Impact: Provides for Medicaid coverage for PACE.

Applicable Settings: Nursing Homes, HCBS

Synopsis of Issue:

And amendment to SB2294 (page 138 of House Amendment #2) included language from HB3628

On the Program of All-Inclusive Care for the Elderly Act (PACE). HB3628 passed out of the House Appropriations-Human Services Committee 18-6, but did not move forward after that. The amended senate bill passed on the last day of session. It requires the Illinois Department of Healthcare and Family Services (HFS) to prepare and submit a PACE State Plan amendment no later than December 31, 2022 to the federal Centers for Medicare and Medicaid Services (CMS) to establish the Program of All-Inclusive Care for the Elderly (PACE program). The program focus is to provide community-based, risk-based, and capitated long-term care services as optional services under the Illinois Title XIX State Plan and under contracts entered into between CMS, HFS, and PACE organizations.

Legislation That Did Not Move Forward:

Water Quality Assurance Act:
LeadingAge Illinois Position: Oppose
Impact: Required costly water testing programs with no government funding attached to help meet the requirements.
Applicable Settings: Assisted Living and Nursing Homes
Next Actions: We will continue to monitor any activity with this issue and participate in stakeholder discussions over the summer.
Synopsis of Issue:
We opposed legislation (HB291/HB2021/SB272) that would have required nursing homes and assisted living communities to conduct costly routine water sampling and provided for civil enforcement and penalties. LeadingAge Illinois testified in opposition to this Illinois Department of Public Health (IDPH) proposal before a Senate Committee and also discussed our opposition in meetings with the sponsor and IDPH.

Nursing Home Grievances:

LeadingAge Illinois Position: Neutral

Impact: Requires an internal grievance procedure.

Applicable Settings: Nursing Homes

Next Actions: Continue to monitor.

Synopsis of Issue:

SB1633 stated that every nursing facility shall have a written internal grievance procedure.

Penalty Records on Nursing Home Websites:

LeadingAge Illinois Position: Oppose

Impact: Nursing homes would be required to post violations on website and face fines for noncompliance.

Applicable Settings: Nursing Homes

Next Actions: Will continue to monitor activity and participate in any meetings over the summer on the issue.

Synopsis of Issue:

We opposed legislation (HB1766) that would have required nursing homes to annually publish a record of all Type “AA”, Type “A”, and Type “B” violations prominently on the home’s website. The legislation further provided for a disciplinary action for violation of the requirements. In addition to opposing this bill in the House Human Services Committee, we discussed our opposition with the sponsor in meetings during the session.

Nursing Home Owner Interest:

LeadingAge Illinois Position: Oppose

Impact: Prevents nursing home owners from utilizing services from another organization they operate.

Applicable Settings: Nursing Homes

Next Actions: Will continue to monitor activity and participate in any meetings over the summer on the issue.

Synopsis of Issue:

We opposed this bill (HB3768) which stated that a nursing home owner is prohibited from maintaining any financial interest with a person or entity that renders contracted services to a home owned by the owner. It further said that a person or entity who is an owner on this bill’s effective date has 30 days to terminate the owner’s relationship with the person or entity with which the financial interest is maintained.

Determination of Need (DON) Score Change:

LeadingAge Illinois Position: Oppose

Impact: Changes in eligibility to enter long term care.

Applicable Settings: All

Next Actions: Will continue to monitor activity and participate in any meetings over the summer on the issue.

Synopsis of Issue:

We opposed legislation (HB422/HB2420/SB282) which would have made changes to the current assessment tool/Determination of Need (DON) score.

Medication Aides:

LeadingAge Illinois Position: Support

Impact: Making the Medication Aide Pilot Program in nursing homes a permanent program.

Applicable Settings: Nursing Homes

Next Actions: Discussions over the summer with stakeholders and legislators on reintroduction.

Synopsis of Issue:

HB1806 Would make the nursing home pilot program, which was authorized for a period of three years, a permanent program.

Temporary Nursing Assistants (TNA):

LeadingAge Illinois Position: Support

Impact: Transitions TNAs to CNAs.

Applicable Settings: Long term care

Next Actions: Discussions over the summer with stakeholders and legislators on reintroduction.

Synopsis of Issue:

HB2423 directed the Illinois Department of Public Health (IDPH) to certify the Temporary Nursing Assistant (TNA) Training Program. IDPH would deem an individual who has completed a training program and competency assessment under the TNA Program as satisfying the requirement of completing a nurse aide training and competency evaluation program. A person shall be deemed to have completed the eligibility provisions if they have completed all nursing assistant training and competency evaluation program requirements and shall be placed on the State nurse aide registry as “active.” Stated that TNAs must enroll in an approved certified nursing assistant training program no later than two years after completion of the TNA Program. Once enrolled in the certified nursing assistant (CNA) training program, the individual may work as a nursing assistant in training and continue to practice the same skills they did as a TNA and new competencies they learned in their CNA training.

Mandated Employee COVID-19 Vaccinations:

LeadingAge Illinois Position: Oppose (at introduction)

Impact: Required nursing home employees to accept the vaccine.

Applicable Settings: Nursing Homes

Next Actions: Discuss with members and monitor the issue

Synopsis of Issue:

SB2015 would have required each employee of a nursing home must receive a vaccine for COVID-19 if offered. Shortly after bring introduced it was referred to the Senate Assignments Committee and was held and not moved forward.

Involuntary Discharge for Lack of Payment:

LeadingAge Illinois Position: Support

Impact: Clarifies that the Governor’s Executive Order prohibiting involuntary discharge for nonpayment does not eliminate the resident’s obligation to pay for the care received.

Applicable Settings: Nursing Homes

Next Actions: Continue to monitor.

Synopsis of Issue:

HB3666 says a nursing home may submit to a resident or a resident’s legal representative a bill for all charges for which payment was not made during the COVID-19 pandemic. If payment is not made or if the resident or the resident’s legal representative does not contact the facility to set up a payment schedule acceptable to the facility within 45 days after submission of a bill, the facility may submit a request for payment and, 30 days after receipt of the request for payment, the facility may initiate an involuntary transfer or discharge of the resident. If the resident or the resident’s legal representative submits evidence of the resident’s financial inability to cover all charges, the facility shall make application on behalf of the resident for Medicaid, and, upon approval of the resident’s application, the State shall pay the resident’s bill, retroactive to the date the resident failed to make payment. A resident’s discharge prior to this action does not eliminate a resident’s responsibility to pay for all services rendered.

Rates and Minimum Wage Alignment:

LeadingAge Illinois Position: Support

Impact: Applicable Settings: Nursing Homes

Next Actions: Continue to work on Medicaid Rate Reform and redesign

Synopsis of Issue:

SB374 would require the Department of Healthcare and Family Services (HFS) to increase reimbursement rates to nursing homes on January 1 of 2022 through 2025 to a level that is sufficient to pay wages of not less than the State minimum wage rates in effect on each of those dates.

Distressed Nursing Facilities:

LeadingAge Illinois Position: Neutral

Impact: Applicable Settings: Nursing Homes

Next Actions: Continue to monitor this initiative of the Illinois Department of Public Health (IDPH).

Synopsis of Issue:

SB478 said that the Illinois Department of Public Health (IDPH) shall, by rule, adopt criteria to identify facilities that are distressed and shall publish a list of identified facilities quarterly (rather than generate and publish quarterly a list of distressed facilities using specified criteria). No facility shall be identified as a distressed facility unless it has committed violations or deficiencies that have actually harmed residents.

Monetary Gifts from Residents:

LeadingAge Illinois Position: Neutral

Impact: Prohibits monetary gifts to staff from residents/families

Applicable Settings: Assisted Living and Nursing Homes

Next Actions: Continue to monitor.

Synopsis of Issue:

SB191 would direct assisted living establishments and nursing homes to institute written policies and procedures regarding the acceptance of personal gifts from a resident or the family member of a resident. Further, requires assisted living establishments and nursing homes to include in all employment contracts a provision that prohibits acceptance of a monetary gift from a resident or the family member of a resident, which shall also notify the employee of the need to enter into a repayment agreement to recoup the value of any gift accepted by staff from a resident or the family member of a resident that is not returned promptly. If the employee agrees to and signs the repayment agreement, the assisted living establishment or nursing home is permitted to withhold up to 15% of the employee’s wages per paycheck, or a higher amount from the employee’s final compensation, until the employee has paid back the full value of the monetary gift.

Essential Caregivers:
LeadingAge Illinois Position: Oppose
Impact: Allows residents to select up to three essential caregivers for emergencies and implements a $10,000 fine per day for facility noncompliance. We opposed the legislation due to fines and potential inconsistencies with State emergency rules/orders.
Applicable Settings: Assisted Living, Hospice, Life Plan Communities, Nursing Homes, Supportive Living
Next Actions: Continue to monitor.
Synopsis of Issue:
SB2160 would have created the Emergency Situation Essential Caregiver Act. The bill stated that in any emergency situation, essential caregivers shall be allowed to visit residents. Residents of a facility shall be allowed to designate up to three essential caregivers who will be allowed to visit and provide care in in the event of an emergency. The bill required facilities to establish policies and procedures regarding the designation of essential caregivers, visitations by essential caregivers, and scheduling of such visits that will be in effect during the time of any emergency situation. Residents who are unreasonably denied access to an essential caregiver under the bill are entitled to recover statutory damages from the facility of up to $10,000 per day that access is unreasonably denied. Contained an immunity provision for facilities, facility employees, or facility contractors who act in good faith to implement the Act’s requirements. This bill would not be able to be suspended or modified by Executive Order.

We will continue to advocate for our public policy priorities and ensure member voices are heard in the legislative arena. Additional information is forthcoming as warranted on the above issues and more. To see a complete list of legislation LeadingAge Illinois monitored throughout the Spring Session, visit our Advocacy Center. If you have any questions, please contact Jason Speaks.

Life Plan Communities/CCRCs:

LPC Advisory Group July Meeting
The next Life Plan Community Advisory Group meeting will be held on July 13 from 12-1 p.m. CST. Join the meeting here.

Assisted Living:

2021 Argentum & Lument Largest Providers Report Now Available
The 2021 Argentum & Lument Largest Providers Report, showcasing the largest 150 providers in senior living, is now available! One of Argentum’s most popular publications, the annual largest providers report, sponsored by FOX Rehabilitation, offers data and insights the industry can use year-round. Find out how U.S. senior living providers rank in size by number of units, how many employees they have, what types of care they offer, and more. Plus, see highlights of REIT activity, the effects of COVID-19 on providers and the market, and an update on women in senior living leadership.

Nursing and Rehabilitation:

Emergency Preparedness for Nursing Homes
As a reminder, QSO MEMO 20-41-ALL, revised on June 21, 2021, is the guidance related to Emergency Preparedness exercise exemption based on a facility’s activation of their emergency plan. LeadingAge reviewed the top five citations for EP tags cited by CMS during a health or separate EP survey.

F 24 Policy and Procedures for volunteers and staff during an emergency
F 37 EP Training Program
F 39 EP Testing
F 41 LTC Emergency Power – emergency generator
F 30 Names and Contact Information

Home and Community-Based Services (HCBS):

Department on Aging Announces Home Care One Time Bonus Payment
The Illinois Department on Aging (DoA) recently announced a one-time bonus payment that will be provided to Community Care Program (CCP) In-Home Providers who have provided services to CCP participants for the time period of January 1, 2021 – March 31, 2021. This one-time bonus payment is intended to help stabilize the In-Home Service workforce and address minimum wage pressures. This bonus payment covers an increase to the In-Home Service rate from $21.84 to $23.40. The bonus payment is anticipated to be paid in mid to late September. All billings must be in eCCPIS by 5:00pm on August 12, 2021 so payments can be calculated for timely payment. There will be no extensions to this deadline. The one-time bonus payment does not apply to CCP participants enrolled in an MCO, however; if a participant was not enrolled in an MCO for January and February but transitioned to an MCO in March, services provided in January and February would be paid the bonus for those months.

Other:

Illinois Antimicrobial Stewardship Summit
The Illinois Department of Public Health (IDPH) recently announced the opening of registration for the Illinois Antimicrobial Stewardship Summit, scheduled for July 13. Read more information here.