January 2, 2018 Edition of The Situation Report

13-HOUR RULE

SUMMIT HOTEL DEADLINE

NFP CARVE-OUT VETOED

PAID FAMILY LEAVE

Federal decision is first to take up emergency rule on 24-hour/live-ins; but case is non-binding to state-level decisions.

The hotel deadline has been extended until Jan. 8 for accommodations at the Northeast Home Health Superhero Summit in Boston. The conference is just 2 weeks away! Join us!

The Governor has vetoed a bill that would have carved the Nurse Family Partnership from Article 36 home care.

New York State’s Paid Family Leave (PFL) program started this week. State website offers model forms, FAQs and other info.

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COMING UP The 2018 Home Health CoP Interpretive Guidelines: 2-Part Webinar Series Jan. 9 & 10, 2018 Stop Sepsis at Home Training Sessions Jan. 11, 2018 (Hudson Valley) Jan. 24, 2018 (Capital Region) Northeast Home Health Leadership Summit Jan. 16-18, 2018 Boston Webinar: Sexual Harassment Prevention in the Workplace Jan. 30, 2018

HCA STATE ADVOCACY DAY

Your Source for HOME CARE News, Policy and Advocacy

Vol. 3, Issue 1 | January 2, 2018

Advocacy Day, PAC Reception & Your Survey Responses Needed Please plan for HCA’s State Advocacy Day and related events on February 5 and 6 in Albany.

The state legislative session officially kicks off this week with the Governor’s State of the State address tomorrow, where the Governor is expected to outline his agenda for state legislative, administrative and budget initiatives and priorities.

With the prospect of a state budget deficit, Medicaid and other revenue cuts from Washington, as well as other possible program and regulatory threats, our State Advocacy See ADVOCACY p. 2

State Implements HCA-Authored Collaboration Law Statute offers major opportunity area, solidification of home care role The state Department of Health (DOH) recently issued a vital Dear Administrator Letter (DAL) with guidance for home care to obtain regulatory flexibility to innovate new delivery models and partnership opportunities under the

Feb. 5-6, 2018 Albany

INSIDE Advocacy Day, PAC Reception & Your Survey Responses Needed...................1 State Implements HCA-Authored Collaboration Law.....................................1 Hudson Valley and Capital Area Next for Statewide Sepsis Training................1 Important Upcoming Deadlines.................................................................4 U.S. District Court: 13-Hour Opinion Letter ‘Not in Conflict’ with DOL Reg.......6 UPDATE: Hotel Deadline Now January 8 for Northeast Summit......................7 Governor Vetoes Bill Excluding Nurse Family Partnership from Article 36.......7 DOH to Hold Coalition Surge Test..................................................................8

See LAW p. 5

Hudson Valley, Capital Area Next Sites for Sepsis Training HCA is holding the next batch of sepsis training and cross-sector collaboration sessions for home care and continuum partners (including hospitals, physicians, EMS, health plans and others) on HCA’s nationally innovative home care sepsis tool and initiative.

See SEPSIS p. 3

NYC Council Passes Work Schedule Changes Legislation..................................9 Governor Signs Fiscal Intermediary Bill..............................................................9 Providers Serving Oneida Invited to 1/11 Meeting on Preparedness Law........10 New 1/30 Webinar: Sexual Harassment Prevention in the Workplace............10 CMS Makes Revisions to Hospice Chapter of Claims Manual...........................11 CMS to Offer Web-based Training on Quality Reporting Program.....................11 Upcoming NGS Education Programs..............................................................12 Paid Family Leave Benefits Start...................................................................12 Severe Cold Advisory Issued.........................................................................13 New Impairment Guidelines for Scheduled Loss of Use Evals..........................13

The Situation Report: the Home Care Association of New York State ADVOCACY from p. 1 program is a vital chance for lawmakers to hear from our Board of Directors and HCA member leaders.

An agenda and registration form are here: https://hca-nys.org/wpcontent/uploads/2017/12/2018-HCA-Advocacy-Events-RegistrationForm.pdf.

The agenda includes specific events for HCA’s Board of Directors, Policy Council and all members, as summarized below. 





If you are a Board or Policy Council member, please note the daytime meetings that are on February 5.

All participating member agency leaders should attend HCA’s evening PAC reception on February 5 (at 5 p.m.) and are strongly urged to attend the daylong advocacy program on February 6.

To plan now for these events, simply complete the registration/agenda form document (and send it back to HCA), make your hotel reservations for the evening of February 5 (if needed), and begin scheduling appointments with your state legislators to meet with them on the afternoon of February 6. Note: If you are a member of HCA’s Board, we will be scheduling appointments for you and sending separate instructions.

HCA is preparing materials to support your advocacy message during the February 6 meetings and will circulate those in advance of Advocacy Day. Financial Survey reminder As yet another reminder, we also need all home care provider member organizations to complete HCA’s Home Care Industry Survey, which seeks your responses on the payment and program issues facing your organization. The survey will be used in support of our advocacy goals and HCA has already sent several reminders for providers to complete it.

This critical survey should be completed by all HCA provider members. The due date is less than a week away: on January 8.

But please complete the survey as soon as possible here: https:// www.surveymonkey.com/r/201718FinCondSurvey.

Home Care Association of New York State (HCA) 388 Broadway, 4th Floor, Albany, NY 12207 Tele: 518-426-8764; Fax: 518-426-8788; Website www.hcanys.org

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Volume 3, No. 1 January 2, 2018 

The Situation Report is a weekly publication of the Home Care Association of New York State (HCA). Unless otherwise noted, all articles appearing in The Situation Report are the property of the Home Care Association of New York State. Reuse of any content within this newsletter requires permission from HCA. Joanne Cunningham HCA President jcunningham@hcanys.org Roger L. Noyes Director of Communications, Editor of The Situation Report rnoyes@hcanys.org Al Cardillo Executive Vice President acardillo@hcanys.org Patrick Conole Vice President, Finance & Management pconole@hcanys.org Andrew Koski Vice President, Program, Policy & Services akoski@hcanys.org Laura Constable Senior Director, Membership & Operations lconstable@hcanys.org Celisia Street Director of Education cstreet@hcanys.org Mercedes Teague Finance Manager mteague@hcanys.org Jenny Kerbein Director of Governance & Graphic Design jkerbein@hcanys.org Billi Wilson Manager, Meetings & Events bwilson@hcanys.org Teresa Brown Administrative Assistant tbrown@hcanys.org

The Situation Report: the Home Care Association of New York State

Volume 3, No. 1 January 2, 2018 

SEPSIS from p. 1 The upcoming sessions will be held next week (January 11) for the Hudson Valley and on January 24 for the Capital Region. They follow the first two sessions, conducted on December 15 and 18 for providers in Central New York and Western New York.

The sessions are conducted by faculty from HCA, IPRO, Sepsis Alliance, Rory Staunton Foundation for Sepsis Prevention, and representatives from each sector of the continuum. The sessions are free of charge, and are supported by a major grant awarded to HCA from the New York State Health Foundation to facilitate statewide training, adoption and use of the HCA tool.

The sessions run from 9 a.m. to 2:45 p.m., with registration and a light breakfast networking opportunity from 9 to 9:30 a.m.

These sessions cover: essential background on sepsis, its significance in public health priorities, and its special significance in home care and hospitals; an intensive in-depth presentation and training on the HCA sepsis screening tool, intervention algorithm, patient education tool and protocol; application of the tool to actual cases, including breakout exercises; cross-sector partner engagement with hospital, physician, EMS, health plan and other representatives; and guidance on agency adoption and integration in practices and procedures.

Locations for these upcoming sessions are below: Thursday, January 11 Visiting Nurse Services in Westchester 979 Rte. 22 Brewster, NY 10509 Wednesday, January 24 The Eddy Village Green Standish Community Center 9 Pasinella Way Cohoes, NY 12047 Further details can be found in the flyer at http://stopsepsisathomeny.org/wp-content/uploads/2017/12/ Regional-Sepsis-Training-and-Cross-Sector-Session-Brochure.pdf. Online registration is here: https:// www.surveymonkey.com/r/SepsisRegionalTrainings.

Register now at: www.stopsepsisathomeny.org!

Training and education are prerequisites for receiving authorization to utilize the HCA home care sepsis tool, which is granted via user agreement between a home care or other provider/entity and HCA to ensure appropriate preparation, quality standards and use. The tool continues to receive state and national recognition, drawing requests for use by home care, hospital/health systems, and others.

For further information, please contact Al Cardillo at acardillo@hcanys.org, or Jennifer Kerbein at jkerbein@hcanys.org.

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Volume 3, No. 1 January 2, 2018

The Situation Report: the Home Care Association of New York State

ď Žď€

Important Upcoming Deadlines

Requirement/Change

Effective/ Due Date

2018 State Worker Wage Parity Levels

December https://www.health.ny.gov/health_care/medicaid/redesign/mrt_61.htm 31, 2017

2018 State Minimum Wage Levels

December https://www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm 31, 2017

State Compliance Program Certification Form Submission

December https://omig.ny.gov/ssl certification 31, 2017

More Information

Federal Deficit Reduction Act December https://omig.ny.gov/dra certification Compliance Certification 31, 2017 Form Submission New York State Paid Family Leave program starts

January 1, 2018

https://www.ny.gov/new york state paid family leave/paid family leave information employers

Home Care and other providers who contract with Managed Care Organizations must be enrolled in Medicaid

January 1, 2018

https://www.emedny.org/info/ProviderEnrollment/ManagedCareNetwork/index.aspx

January 1 Managed Care Annual to January https://omig.ny.gov/information/mco reports Program Integrity Report 31, 2018

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Revised Medicare Home Health Conditions of Participation in Effect

January 13, 2018

https://www.gpo.gov/fdsys/pkg/FR 2017 01 13/pdf/2017 00283.pdf

HCA State Advocacy Day

February 6, 2018

https://hca nys.org/wp content/uploads/2017/12/2018 HCA Advocacy Events Registration Form.pdf

Criminal history record check requirements apply to hospice

April 1, 2018

https://www.health.ny.gov/facilities/home_care/advanced_home_health_aides/docs/ah ha_legislation.pdf

Start of Transition Period for Using Health Insurance Claim Number April 1, (HICN) or Medicare 2018 Beneficiary Identifier (MBI)

https://www.cms.gov/Medicare/New Medicare Card/index.html

Implementation of Universal Billing Codes for Home and Community Based Long Term Care Services under Managed Care

https://www.health.ny.gov/facilities/long_term_care/reimbursement/letters/dal_2017 12 07_billing_codes.htm

April 1, 2018

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LAW from p. 1 2015 statute (Public Health Law section 2805-x) creating the Hospital-Homecare-Physician Collaboration law.

This DAL is available here: https://hca-nys.org/wpcontent/uploads/2017/12/2805xDAL000.pdf. It provides critical recognition and written guidance support for home care providers and partnering hospitals and physicians to elect flexibilities offered by this collaboration law, which was authored by HCA, passed by the Legislature, and signed by the Governor.

HCA has strongly recommended the adoption of this Public Health Law provision in recent post-acute regulatory discussions, specifically the pathways and incentives that this statute provides for physicians and hospitals to partner with duly licensed Article 36 providers in delivering care in the new and evolving system.

The flexibility includes opportunities to avoid the triggering of unnecessary regulations and mandates which would otherwise hamper collaboration and integration, including Article 36 participation in: streamlined roles in primary care, transitions home from hospitals or nursing facilities, pre-op and postsurgical visits, and more.

As such, this law provides a critical basis for home care’s value-proposition in models like the Delivery System Reform Incentive Payment (DSRIP) program. Home care providers are, therefore, strongly encouraged to present this authoritative statement from DOH to your DSRIP partners, MLTCs and other contractors to help elevate your organization’s inclusion, participation and operation within such networks and partnership opportunities.

The DAL provides important background on the collaboration statute and gives some examples of possible collaborative initiatives allowed by the law.

“To accomplish the collaborative’s goals, the collaborative may require regulatory waivers or specific policy changes applicable to certain activities such as, but not limited to, in-home post-surgical visits, pre-op workups, maternal child visits, in-home evaluation of

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patients, health education and immunizations,” the DAL says. “Under PHL 2805-x, the regulatory and procedural layers ordinarily applicable to the home care services agency could be streamlined and potentially eliminated.”

HCA provider members may use this statement in outreach to physicians, hospitals, nursing homes and/or DSRIP deployment of Article 36certified home care services for purposes of these interventions through appropriate channels for regulatory relief and cost-savings.

Importantly, the DAL requires all projects to include two of the entities mentioned in the law, “and if the project involves services in the home, must include a home care services agency,” the DAL says.

Requests for waivers of regulation under this statute must first be directed to DOH, as outlined in the letter.

Although not specifically referenced in the DAL, this HCA-authored law also addresses opportunities for financing via rate development, managed care premium adjustment, and grants (subject to the inclusion of funding in the state budget) to support the goals of the collaboratives.

HCA has been working closely with the Iroquois Hospital Association, the Medical Society of the State of New York and others to facilitate collaboration and collaborative models. This law additionally can include health plans and other sector partners, such as nursing homes, behavioral health, EMS and others.

HCA greatly appreciates the Department’s definitive guidance on this important statutory framework. We also specifically recognize and thank Senator Kemp Hannon, Assembly Member Aileen Gunther and their offices for sponsoring the legislation creating this statutory framework and for their vigorous efforts to see it signed into law.

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U.S. District Court: 13-Hour Opinion Letter ‘Not in Conflict’ with DOL Reg. The U.S. District Court for the Southern District of New York has ruled on yet another case involving the question of compensation for “24-hour/live-in” aide services and other labor statutes.

The ruling – in De Carrasco v. Life Care Servs., Inc., decided on December 15 – rejected several of the plaintiff’s requests for certification of Fair Labor Standards Act collective actions and New York State class-action status, including a request for class action on the basis that employees were not paid a full 24 hours for 24-hour shifts.

U.S. District Court Judge Katherine B. Forrest’s opinion references several recent legal decisions, regulatory actions and related developments well known to HCA members from our newsletter reports, statewide member calls, and alerts. These include: the state Department of Labor (DOL) opinion letter in 2010 regarding the DOL-established method for calculating 24-hour/live-in wage obligations (i.e., the “13-hour standard”); the Tokhtaman, Andryeyeva and Moreno court decisions; and DOL’s recent emergency declaration reiterating the “13-hour standard” that has been called into question by recent litigation.

This latest U.S. District Court ruling mentions that the “federal district courts in this district have found that the opinion letter is entitled to deference,” referring to the DOL letter on the 13-hour standard. “The Court here joins the other federal district courts that have considered the issue and rejects the Tokhtaman line of cases from the New York Appellate Division,” writes the judge, finding that “the opinion letter is not in conflict with the regulation; rather it expands upon the regulation, by defining what it means to be ‘available for work’.”

Judge Forrest furthermore voiced agreement with other courts that the opinion letter is “neither ‘unreasonable’ nor ‘irrational.’” She also states that the court’s “interpretation is bolstered” by the emergency regulation and regulatory impact statement, in which DOL stated its intent to “codify the Commissioner’s longstanding and consistent interpretation that compensable hours worked under the State Minimum Wage Law do not include meal periods and sleep time of home care aides who work shifts of 24 hours or more.”

This ruling, while in line with many of the legal arguments expressed by home care provider representatives, is a federal court affirmation of the “13-hour standard,” and is not binding authority for cases that remain at play in the state-level Appellate Divisions. In those cases, the binding authority continues to be the recent Appellate Division decisions in Tokhtaman, Andryeyeva and Moreno.

To read HCA’s most recent summary of these cases and our advocacy on behalf of members, please see p. 5 of our December 4 newsletter (“Court of Appeals Declines to Hear Appeal of Tokhtaman Decision”). A link to that edition is at https://hca-nys.org/wp-content/uploads/2017/12/SitRep120417.pdf.

Meanwhile, DOL’s emergency rule codifying the 13-hour compensation standard for 24-hour/live-in cases has been separately challenged on the administrative level by the Urban Justice Center, a workforce advocacy group which filed a petition last month with the New York State Industrial Board of Appeals seeking to invalidate the rule. A hearing on the matter is scheduled for later this week and HCA is further examining legal options with the Board alongside our advocacy aimed at the Legislature and Governor’s office to reinforce the standards established by the HCA-sought emergency rule.

HCA will continue to keep the membership closely apprised of all developments.

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UPDATE: Hotel Deadline Now January 8 for Northeast Summit Due to demand, the Northeast Home Health Superhero Summit (to be held in Boston) has secured a deadline extension for participants to reserve at the Colonnade Hotel’s discount room block rate. The new deadline is January 8!

With the Summit starting in just two weeks, this is your last opportunity for a discount rate of $192 per night at the Colonnade Hotel, site of the Summit.

Simply contact the Colonnade Hotel at (617) 424-7000, ask for the Northeast Home Health Leadership Summit Group, and provide the Code “NEH16A.” Please also be sure to register as soon as possible for the Summit (if you haven’t already) and join your colleagues from throughout the Northeast as part of the region’s biggest leadership conference of the year for home care executives.

Remember: Discount rates are available for members of state associations in 8 states. These associations work together to bring you this insightful program of leadership and policy topics, plus networking and more.

Governor Vetoes Bill Excluding Nurse Family Partnership from Article 36 Legislation to totally remove Nurse Family Partnership (NFP) services from article 36 was vetoed on December 29.

The Governor’s Veto Message No. 234 states that the Department has administratively provided for NFP flexibility while “maintaining the Department’s oversight and enforcement responsibilities” under Article 36. The Veto Message can be viewed at https://www.politico.com/states/f/?id=00000160-a4be-da22-ad65e7fe00e90000.

This action rebuts what would have been a complete and precedential carve-out of NFP in-home nursing visits from Article 36, as this legislation would have done, in favor of a plan that maintains Article 36 while providing for NFP relief.

HCA had strongly supported an administrative solution but strenuously opposed the bill. This bill, A.8388, was introduced and rapidly passed by the Legislature in June, in an attempt to assist NFP, but with virtually no vetting to the broader home care community to craft a more delineated solution. Instead, the bill created what would have been a precedential and harmful complete carve-out of Article 36.

In our memo urging a veto of the bill, HCA asserted: “There is already widespread concern over scofflaw entities seeking unlicensed entry into the home and community care arena.” We noted that the carve-out proposed by this bill “unfortunately invites further practices that erode the longstanding foundation for quality and consumer protection for in-home care in the state.”

Indeed, home care and hospice agencies throughout the state have extensively witnessed entities seeking (or actively crossing the line) to provide home care and hospice without the required state licensure, inadvertently fueled by incentives in the Delivery System Reform Incentive Payment (DSRIP) program, value

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based payments (VBP) and other policy/program trends moving the system toward community based care.

The approach taken in this bill would have worsened this problem.

This veto further builds upon recent DOH policy actions that reinforce in-home care provisions under Article 36 in New York State, including a recent Dear Administrator Letter that implements an HCA-authored vehicle for incentivizing duly licensed Article 36 home care services in collaboration with physicians, hospitals and other settings. (See related p. 1 story.)

For further information, please contact Al Cardillo at acardillo@hcanys.org.

DOH to Hold Coalition Surge Test Informational webinars scheduled for next week As announced in the December 18 edition of The Situation Report, the state Department of Health (DOH) will hold Coalition Surge Test (CST) and Interoperable Communications (IOC) drills for providers outside of New York City sometime early this year and provide more information about these drills at webinars starting next week.

The CST will involve a simulated disaster in which three hospitals in a region must evacuate their patients.

Other hospitals, home care and hospice providers, and nursing homes will participate in the exercise and be asked if they can accept some of those patients.

Although participation is voluntary, the CST/IOC will fulfill the requirement that Certified Home Health Agencies (CHHAs) and hospices participate in a full-scale community-based exercise sometime during the period of November 16, 2017 to November 15, 2018. (Some Licensed Home Care Services Agencies may have to participate in such an exercise under their contract with CHHAs or managed care plans.)

DOH will issue a brief Health Electronic Response Data System (HERDS) survey on the day of the CST and providers will have only 90 minutes to complete it. Providers will also be expected to complete an After Action Report. DOH will provide a template to assist in its completion, which HCA will share once we obtain it.

The webinar dates and links for providers in the Capital District and Central New York areas are below (no registration is required): 

January 8, from 10 to 11 a.m.; webinar can be accessed on January 8 at https://meetny.webex.com/ meetny/j.php?MTID=mfc1a95f0006485f699031b23f3ef3d10; and



January 10 from 10 to 11 a.m.; webinar can be accessed on January 10 at https://meetny.webex.com/ meetny/j.php?MTID=m107c702b688e2771daeca9cb205f5746.

The dates for providers in the Western New York and Metropolitan Area Regional Office/MARO regions (not including New York City) are below (no registration is required): 

February 1, 1 to 2 p.m.; webinar can be accessed on February 1 at https://meetny.webex.com/ meetny/j.php?MTID=me79c7b7503914f2ad3bdad66d29eb404; and Continued on next page

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Continued from previous page 

February 2, 10 to 11 a.m.; webinar can be accessed on February 2 at https://meetny.webex.com/ meetny/j.php?MTID=ma0073b30cd3d893e80a5b6e00a30aa74.

For more information, contact Andrew Koski at (518) 810-0662 or akoski@hcanys.org.

NYC Council Passes Work Schedule Changes Legislation On December 19, 2017, the New York City Council passed a bill to allow employees in the City to seek temporary changes to their work schedules for a “personal event.” The bill also protects employees from employer retaliation for making certain other schedule change requests.

The bill, Int. 1399-A, along with a summary and other information, can be viewed at http:// legistar.council.nyc.gov/LegislationDetail.aspx?ID=2900941&GUID=68DC01AE-C577-4B86-B3E5B9D98836C1E2.

According to the summary, this bill would require an employer to allow employees to take two temporary schedule changes per calendar year – including paid time off, remote work, changing work hours and unpaid leave – relating to a “personal event.” A personal event includes a caregiving emergency, a legal proceeding or hearing for subsistence benefits, or any circumstance that would constitute a basis for permissible use of safe time or sick time under New York City’s Earned Sick Time Act. The bill would also establish a written process for employees and employers to communicate regarding requests for such changes. This bill would also protect employees from employers retaliating against them for making schedule change requests, because existing prohibitions on retaliation would apply. This bill would not affect leave granted under the city’s earned sick and safe time act or apply to employees under certain collective bargaining agreements or to certain employees in the entertainment industry.

The bill will become effective 180 days after it is signed and HCA will notify members of next actions.

Governor Signs Fiscal Intermediary Bill Chapter Amendment to be made Governor Cuomo has signed legislation, S.5544/A.7216, which makes changes to the new Consumer Directed Personal Assistance Program Fiscal Intermediary (FI) Authorization process.

The legislation changes the effective date of the new FI authorization process until January 1, 2018 and allows existing FIs (operating prior to January 1, 2018) to continue to operate until January 1, 2019.

However, in the Governor’s approval message, he indicates that he has certain concerns with the bill “that would make it difficult for the Department to properly oversee and regulate fiscal intermediaries” and has “secured an agreement with the Legislature to pass legislation in the upcoming session to address these concerns.”

We understand that the chapter amendment under consideration would allow for additional time for existing FIs to submit Authorization applications, and will provide more information once it is available.

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Providers Serving Oneida County: Join Local Emergency Managers for 1/11 Meeting on Home Care, Hospice Preparedness Law in Utica Providers in other regions should be on the lookout for similar efforts by local managers seeking input from home care, hospice on comprehensive emergency management planning in compliance with new law Oneida County’s Department of Emergency Services has asked HCA to share an invitation for providers serving Oneida County about the Department’s January 11 meeting for home care and hospice input on local emergency management planning. HCA has posted PDF of the invitation from Dan Appler, Deputy Director of the Department, at https://hca-nys.org/wp-content/uploads/2018/01/Invite-letter-to-health-caremeeting.pdf.

As extensively reported, the Governor in October signed HCA’s “Essential Personnel” bill into law, directing all counties to include home care and hospice input in their comprehensive emergency management plans.

Oneida County’s outreach to providers is a step toward that goal.

The January 11 meeting will be held from 9 a.m. to noon at Mohawk Valley Community College in the Academic Building, Room 116, at 1100 Sherman Drive in Utica.

Meeting topics will include: what is required of agencies by the state, assistance the Department of Emergency Services will be able to provide, an introduction to the Local Emergency Planning Committee, and information on threat assessments, Incident Command training, Oneida County’s Comprehensive Emergency Management Plan (CEMP), listserv notifications, and much more.

The letter asks providers to RSVP at dappler@ocgov.net.

HCA has separately notified providers in Oneida County, but we also wanted the broader membership to be aware of efforts like this, now underway, to begin facilitating the new law, including similar outreach that may be occurring for providers in other counties.

New 1/30 Webinar: Sexual Harassment Prevention in the Workplace The law regarding sexual harassment in the workplace has not substantially changed in more than 30 years. Nonetheless, claims of sexual harassment in the workplace are grabbing headlines like never before.

On January 30, from 10 to 11 a.m., HCA will be holding a special webinar on this issue to help providers reinforce their policies and procedures.

While the focus to date has been on celebrities, public figures and business leaders, we believe the prevalence and notoriety of these stories will lead to an increase in internal complaints and/or claims alleging similar misconduct against individuals and entities that are outside the public eye.

As a result, now is an important time for employers to: 

Review their sexual harassment and other EEO policies; Continued on next page

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Continued from previous page 

Redistribute such policies to all employees to remind them of the employer’s expectations and complaint procedure; and



Conduct training for executives, managers and supervisors with respect to these policies.

Employers taking these proactive measures may prevent unlawful harassment in the workplace, thus minimizing the substantial risks and liabilities associated with such conduct.

In this webinar, attorneys Vincent Polsinelli and Kristi Rich Winters of Jackson Lewis will discuss steps employers should take to ensure they have practices in place to prevent harassment in the workplace, and to address it meaningfully and effectively — if, and when, it does occur.

To register, download the flyer here: https://hca-nys.org/wp-content/uploads/2017/12/Sexual-HarrassmentPrevention-in-the-Workplace-Webinar-Registration-Form-Jan-30-2018.pdf.

CMS Makes Revisions to Hospice Chapter of Claims Manual The U.S. Centers for Medicare and Medicaid Services (CMS) recently issued Change Request (CR) 10361 which clarifies specific data elements required on the institutional claim with regard to diagnosis code reporting and reporting of the hospice attending physician.

CR10361 can be downloaded at: https://www.cms.gov/Regulations-and-Guidance/Guidance/Transmittals/ 2017Downloads/R3930CP.pdf. It modifies Chapter 11 (Processing Hospice Claims) of the Medicare Claims Processing Manual.

The new language clarifies that hospices are expected to include all diagnosis codes identified during the initial and comprehensive assessments – whether related or unrelated to the principal terminal diagnosis and related conditions on the claim, which is consistent with coding guidelines.

For further information, contact Patrick Conole at (518) 810-0661 or pconole@hcanys.org.

CMS to Offer Web-based Training on Quality Reporting Program The U.S. Centers for Medicare and Medicaid Services (CMS) is offering web-based training modules to address questions submitted by post-acute care (PAC) providers related to the quality reporting program.

HCA members can find additional details on the home health training modules at: https://www.cms.gov/ Medicare/Quality-Initiatives-Patient-Assessment-Instruments/HomeHealthQualityInits/Home-HealthQuality-Reporting-Training.html.

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Upcoming NGS Education Programs National Government Services (NGS), New York’s Medicare Administrative Contractor (MAC), will be hosting the following upcoming webinars: 

Targeted Probe and Educate for Home Health Providers (Thursday, January 4, from 10 to 11 a.m.). Registration is at: https://register.gotowebinar.com/register/1286833612463200514

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Submitting a Hospice Notice of Election and Other Transactions Electronically (Thursday, January 4, from 2 to 3 p.m.). Registration is at: https://register.gotowebinar.com/register/ 5496289688151470594

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Provider Enrollment: Submitting Revalidations via PECOS (Tuesday, January 9, from 11 a.m. to noon). Registration is at: https://register.gotowebinar.com/register/3532442075731181315

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Home Health Billing Basics (Tuesday, January 16, from 10 to 11:30 a.m.). Registration is at: https://register.gotowebinar.com/register/6321021267070369025

For further information, contact Patrick Conole at (518) 810-0661 or pconole@hcanys.org.

Paid Family Leave Benefits Start New York State’s Paid Family Leave (PFL) program started this week.

As communicated in numerous articles, PFL, phased in over 2018 to 2021, will provide employees up to 12 weeks of paid family leave in any given 52-week benefit period. Leave can be used to: 1) care for a family member (including a child, parent, grandparent, grandchild, spouse or domestic partner) with a serious health condition; 2) bond with an employee’s newborn or newly placed adoptive or foster child during the first 12 months following birth or placement; or 3) address any qualifying exigency to a spouse, domestic partner, child or parent who is serving on active military duty.

The state Worker’s Compensation Board has posted PFL forms, model language for employee materials, frequently asked questions, guides and more at https://www.ny.gov/new-york-state-paidfamily-leave/paid-family-leave-information-employers; home care providers can sign up for PFL updates at https://www.ny.gov/paid-family-leave-updates-sign-up.

Questions can be directed to the PFL Helpline at 844-337-6303.

12

The Situation Report: the Home Care Association of New York State

Volume 3, No. 1 January 2, 2018 

Severe Cold Advisory Issued On December 26, the state Department of Health (DOH) issued a “Severe Cold Advisory for Healthcare Facilities and Providers.”

The Advisory is at https://hca-nys.org/wp-content/uploads/2018/01/ctrlaccamstmpNotification_23514.pdf.

In the Advisory, DOH advises health care providers to take the “necessary precautions to ensure that patients, residents and staff are comfortable and safe when indoors and well dressed for protection from hypothermia and frostbite when traveling outdoors throughout the winter months, but especially during this upcoming excessive cold.”

Furthermore, providers should ensure that staff are alert to the signs, symptoms and consequences of hypothermia and frostbite.

Specific instructions for home care and hospice include: Review emergency response plan. Temperatures at hospice residence and inpatient hospice locations should be monitored. Home Care agencies should be ready to communicate with their patients during and immediately following this cold period to perform checks on their safety and condition of their health. Staff should pay attention to temperatures at patient homes upon visit. Review agency plan for managing situations where patients refuse to evacuate a hazardous situation (loss of heat in their home). Agencies should also take steps to ensure that their staff take measures to protect themselves from the cold when performing their patient care visits.

New Permanency Impairment Guidelines for Scheduled Loss of Use Evaluations The state Worker’s Compensation Board (WCB) has announced new Permanency Impairment Guidelines for Scheduled Loss of Use (SLU) evaluations, with an effective date of January 1, 2018.

The new guidelines, enacted as part of the final 2017 state budget, are here: http://www.wcb.ny.gov/2018Impairment-Guidelines.pdf.

The enabling regulation is available at http://www.wcb.ny.gov/impairment-guidelines-regulation/.

The 2018 SLU Guidelines will replace chapters in the existing 2012 Medical Impairment Guidelines with respect to SLU, and will take effect January 1, 2018. The 2012 Guidelines remain unchanged for determining non-scheduled permanent impairments.

For SLU claims that have at least one examination conducted before January 1, 2018, the Board will consider the issue of SLU to have been joined under the auspices of the Guidelines in effect at the time, and as such the Board will determine the claimant’s degree of permanent disability using the 2012 Guidelines. Where the first medical evaluation of SLU occurs on or after January 1, 2018, the question of SLU will be evaluated under the 2018 SLU Guidelines.

13

State Advocacy Events FEBRUARY 5 & 6, 2018 ALBANY, NEW YORK

Albany Legislators Need to Hear from You! Join HCA for a day of focused Home Care Advocacy!

See next page for details.

Monday, February 5, 2018

Tuesday, February 6, 2018

10AM – 4:30PM

8:00am – 4:00pm

HCA Policy and Board Meeting Renaissance Albany Hotel – DeWitt Ballroom 144 State Street Albany, New York 12205 10AM – 12Noon

HCA Policy Council Meeting (Council Members Only)

HCA State Lobby Day Room 711-A Legislative Office Building Albany, New York 8:00 AM – 12:00 NOON

State Leaders Address HCA Board and Members 12:00 NOON – 12:30 PM

12Noon – 4:30PM

HCA Board of Directors Meeting (Board Members Only)

Lunch 12:30 PM – 4:00 PM

Meeting will start with lunch at Noon. In addition to the regular business meeting, the Board will prepare for advocacy visits the next day.

HCA Member Agency Appointments

5:00 PM – 6:30 PM

HCA Provider/Associate Members

HCA PAC Reception HCA Office 388 Broadway, 4th Floor Albany, New York 12207

HCA will arrange specific appointments with key legislators for HCA Board Members and all other members are urged to make appointments on their own.

If you would like HCA to assist you in arranging legislative visits for this afternoon, please contact Jenny Kerbein at jkerbein@hcanys.org with your specific requests and availability.

(Open to ALL HCA Members) Entrance is on Hudson Avenue under the green awning.

Elevator is located to the right of the stairs and will take you directly to the HCA lobby on the 4th floor.

REGISTRATION

Drinks and hors d’oeuvres will be served at the reception.

A $50 minimum HCA PAC donation is requested for your participation.

Organization:_______________________________________________

*Corporate and LLC checks are acceptable under NYS Election Law. 501(c)(3) Organizations are prohibited from making political contributions. Contributions to the PAC are not tax deductible.

Participant(s) will attend:

Participant’s Name:_____________________________________________________

Email:______________________________________________________

______ *PAC Reception on February 5th @ $50 per person ______ State Lobby Day on February 6th (No Fee) HCA PAC RECEPTION DONATION INFORMATION *Please make personal check payable to: HCA PAC and mail to 388 Broadway, 4th Floor, Albany, NY 12207; or pay by personal credit card:

______ American Express

______ MasterCard

______ VISA

HOTEL INFORMATION

(3 digit code on reverse) __________ Exp. Date ____/____/____

Renaissance Hotel 144 State Street, Albany, NY 12205

Card Number______________________________________________

HCA has arranged for a room block at the Renaissance Albany Hotel located at 144 State Street, Albany, NY. HCA’s Group rate is $194/night and must be booked before January 5, 2018. To make your reservation, call (888)236-2427. Early reservations are encouraged as the hotel is likely to sell out the evening of February 5th.

Cardholder’s Name ________________________________________ Cardholder’s Address _______________________________________ __________________________________________________________ Signature __________________________________________________

FAX completed form to (518) 426-8788