The Lead June 1, 2021 - LeadingAge Illinois

Nursing and Rehabilitation:
Interim Final Rule on Vaccination and Therapeutics

Technology:
Free Access to Providers! 2021 Collaborative Care & Health IT Innovations Summit

Top Stories:

From the Desk of Karen Messer, President and CEO
LeadingAge continues their weekly recaps on issues of importance to members. I encourage you to stay abreast of the latest updates and information from the previous week in these updates.

With gratitude,

Karen

Illinois General Assembly Recap
The Illinois General Assembly (ILGA) adjourned after 2:30 a.m. on June 1, passing a state budget (SB2800) and the Budget Implementation Bill (BIMP; SB2017 ). Shortly after, however, Senate President Don Harmon (D-39^th District; Oak Park) filed a motion to reconsider the vote on the budget bill. The Senate reconvenes today and President Harmon’s budget motion looks to be procedural in nature and the budget bill may be delivered to the Governor. We will have more official details and updates as legislative work of the ILGA continues.

Here is a brief recap of the end of the 102^nd Illinois General Assembly Spring Session:

COVID-19 Relief/Recovery Funding:
LeadingAge Illinois individually contacted all 177 legislators with our funding “asks” for skilled nursing, assisted living communities, and supportive living programs. We also 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 (page 689) 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. 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. 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.

Staffing Rule:
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).”

Grocery Tax:
Language was included in the 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% 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.

Legislation:
SB1096 (Mandated Insurance Coverage of COVID-19 Testing to Assisted Living and Supportive Living Employees). 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 to the lame duck bill. We took a neutral position due to the inclusion of a sunset date of January 1, 2022.

HB3308 (Protect Telehealth) passed on concurrence in the Illinois House 118-0 yesterday. It 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.

HB559 (Biometric Information Privacy Act) 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 Biometric Information Privacy Act (BIPA) has had on senior living providers. LeadingAge Illinois worked with the Chicagoland Chamber of Commerce and other stakeholders on amendatory language for consideration to make changes to the BIPA to protect the aging services industry. We will continue to engage in conversations with stakeholders and legislators over the summer on this issue.

We will engage in further discussions over the summer with the Illinois Department of Healthcare and Family Services (HFS), the other associations, and legislators on our Medicaid Rate Reform proposal. Other legislative efforts we will continue to pursue are a Nurse Licensure Compact, Temporary Nursing Assistants (TNAs), and Certified Medication Aides (CMAs).

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.

If you have any questions, contact Jason Speaks.

Hospice Nursing Home Room and Board N39 Rejections
The Illinois Department of Healthcare and Family Services (HFS) has posted a new Provider Notice regarding Hospice Nursing Home Room and Board N39 Rejections. The notice is a reminder to hospice agencies to bill the appropriate HealthChoice Illinois managed care plan for managed care hospice patients’ nursing home room and board charges. This includes room and board charges for customers enrolled in the Managed Long Term Services and Supports (MLTSS) program.

EEOC Guidance Says Employers May Offer Incentives for Vaccination
The Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance regarding employers and COVID-19 vaccines. Employers may offer incentives to employees who provide documentation of receiving the COVID vaccine outside of work because requesting proof of vaccination is not “a disability-related inquiry” or an “unlawful request” under federal anti-discrimination laws. The revised guidance also says that employers are required to keep their staff’s vaccination information confidential because it is medical information about the employee. The EEOC also posted today a new resource for job applicants. The Administration on Community Living published this summary of the new EEOC guidance.

Key points are:

The guidance makes clear that federal EEO laws do not prevent an employer from requiring all employees entering the workplace be vaccinated, as long as other laws not under EEOC jurisdiction are not violated.
Federal law permits incentives to be offered.
Employers must not offer coercive incentives.
Employers may provide employees and their families information to educate them about COVID-19 vaccines.

Nursing and Rehabilitation:

Interim Final Rule on Vaccination and Therapeutics
A federal interim final rule with comment period was published on May 13 in the federal register that requires nursing homes to educate and offer COVID-19 vaccination to residents and clients and staff. The rule further requires nursing homes to report COVID-19 vaccination data and use of therapeutics by residents to the National Healthcare Safety Network (NHSN). LeadingAge analysis of this rule is available here. LeadingAge will host a special Nursing Home Advisory Group call on Thursday, June 3 at 1 p.m. CST to discuss this rule and solicit feedback for shaping our comments to the federal register. If you are not currently a member of the Nursing Home Advisory Group and wish to join, please email Jodi Eyigor at LeadingAge National.

Technology:

Free Access to Providers! 2021 Collaborative Care & Health IT Innovations Summit
As members of the collaborative care community, we all know how important it is for long-term and acute care providers to stay current with the very latest technology and innovations that can improve care, reduce costs, and lead to better health outcomes for older adults. After a year of struggling with COVID, many of you have shared that your budgets just won’t allow you to attend this year’s Collaborative Care & Health IT Innovations Summit. That’s why LeadingAge National is opening up the June 8-10 event by offering free registration to all care providers across the collaborative care continuum.

Other:

ACL Funding Opportunity
The ACL announced distribution of more than $86 Million to Adult Protective Services programs as authorized by the American Rescue Plan Act of 2021. Of particular interest to LeadingAge members, the statute specifically authorizes using these funds for initiatives such as:

Establishing or enhancing the availability for elder shelters and other emergency, short-term housing and “wrap-around” services;
Establishing, expanding, or enhancing state-wide and local-level elder justice networks to remove bureaucratic obstacles and improve coordination across the state and local agencies interacting with APS clients who have experienced abuse, neglect, or exploitation;
Working with tribal adult protective services efforts;
Establishing new, or improving existing processes for responding to alleged scams and frauds;
Assisting APS clients secure the least restrictive option for emergency or alternative housing, and with obtaining, providing, or coordinating with care transitions as appropriate.

States are required to submit Letters of Assurance and an Initial Spend Plan by June 28, 2021.