August 12, 2019 Edition of The Situation Report

ACHC DISCOUNTS

MLTC UPDATES

HOSPICE RULE

LHCSA REPORTS

Don’t miss out on the opportunity for HCA member savings on education and accreditation with ACHC.

MLTC meeting provides updates on electronic visit verification, FI contract payments, one plan's closure and other developments.

Read our memo to learn about upcoming reductions to routine home care (RHC), rebasing adjustments for other hospice settings, plus significant changes to the notice-of-election and addendum requirements.

LHCSAs who did not register in 2019 will need to do so now, and pay a late fee, in order to register in 2020 when the new Statistical Report comes out soon.

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Your Source for HOME CARE News, Policy and Advocacy

UPCOMING PROGRAMS HCA Strategy Sessions Coming to You This Summer on Next-stage DSRIP, MRT II & More Aug. 13/14 (NYC) Aug. 20 (Farmingdale) Senior Financial Managers Retreat Sept. 5 & 6 Mohonk Mountain House (New Paltz) Know The Drill: Successful Emergency Planning, Preparedness and Compliance Strategies for Home Care & Hospice Sept. 17 (Troy)

Editor's note: HCA continues our schedule of biweekly summer newsletters. There will be no editions on August 19 and September 2. We will resume our weekly schedule on September 9.

Vol. 4, Issue 29| August 12, 2019

HCA Reboots Emergency Prep Website, Announces Sept. 17 Conference for Home Care, Hospice Reminder: IOC drill coming this week on unspecified date With preparedness month just around the corner, in September, HCA has given a reboot to our dedicated home care and hospice emergency preparedness website at www.homecareprepare.org.

The site contains preparedness news, planning resources, publications, state and federal regulatory documents (such as See REBOOTS p. 2

Final FI Workgroup Meeting Cut Short by Protests, as PMPM Cuts Consume Discussions Last week’s meeting of the Fiscal Intermediary (FI) Workgroup – the final one – ended early due to a demonstration by some Consumer Directed Personal Assistance Program (CDPAP) consumers and others who were protesting the state’s proposed changes to administrative payments for FIs. See WORKGROUP p. 4

INSIDE HCA Reboots Emergency Prep Site, Plus Sept. 17 Conference.......................…1 Final FI Workgroup Meeting Cut Short by Protests….......................................1 Medicare Sequestration Extended............................................................…3 An Announcement from HCA Sponsor WoundMatrix…...................................4 Important Survey Detailing Your Specialized Home Care Programs…..............5 Get $500 Off ACHC Accreditation, Other Savings for HCA Members…..............6 MLTC Policy Meeting Yields Updates, Issue Discussions.................................7 Memo Analyzes Final FY 2020 Hospice Rule…................................................7 2018 LHCSA Statistical Report Coming Soon…...............................................8

MLTC-LHCSA Contract Limits to Further Restrict on Oct. 1..........................................9 Agencies Reminded to Submit Data to OSHA..............................................................9 CMS Recruits Hospice Experts for Focus Group on Assessment Instrument…........10 Additional Guidance Provided on EVV…..............................................................10 HCA DATA: 1,000s of Data Points for Your Business Planning...............................…11 Supplemental Medical Review Contractor Posts Hospice Project........................12 Additional Information Posted on ‘Time Off to Vote’ Law…...................................12 Upcoming Deadlines.........................................................................................13 LawTalk: Protections for Workplace Retaliation Based on Immigration Status.....14 Health Resources….........................................................................................14

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

Volume 4, No. 29 August 12, 2019 

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. Al Cardillo President and CEO acardillo@hcanys.org

REBOOTS from p. 1 Dear Administrator Letters) and event updates, including our newly announced September 17 conference Know the Drill: Successful Emergency Planning, Preparedness and Compliance Strategies for Home Care & Hospice. (HCA sent an e-mail announcing the conference last week.)

This conference, in Troy (near Albany), provides continuing education necessary to keep patients safe and your operations functioning as seamlessly as possible during a disaster.

Participants will learn the core elements of compliance, practice and procedure to minimize risk on all fronts.

The program concludes with a tabletop exercise that will not only help assure your readiness but also qualify as your agency’s secondary exercise requirement under the recent federal Conditions of Participation for Emergency Preparedness. Check out the brochure and register at https://hca-nys.org/wp-content/ uploads/2019/08/HCA-Emergency-Preparedness-ConferenceBrochure-2019.pdf.

Reminder: IOC Drill Coming This Week On August 7, HCA sent an alert to members with additional information about an Interoperable Communications (IOC) drill coming this week on an unannounced date. The IOC drill will be targeted to home care, hospice and other providers across the entire state; though voluntary, the drill can be used to fulfill federal and/or state requirements for agencies to hold emergency preparedness exercises. (An IOC drill, along with other terms, is defined in our online glossary at http:// homecareprepare.org/glossary-of-acronyms-terms/.)

Continued on next page 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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Roger L. Noyes Director of Communications, Editor of The Situation Report rnoyes@hcanys.org Rebecca Fuller Gray Executive V ice President for Clinical and Program Affairs rgray@hcanys.org Patrick Conole Vice President, Finance & Management pconole@hcanys.org Andrew Koski Vice President, Program, Policy & Services akoski@hcanys.org Alyssa Lovelace Director for Policy and Advocacy alovelace@hcanys.org Lauren Ford Director of Program Research, Development and Policy lford@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 4, No. 29 August 12, 2019 

Continued from previous page Be sure that you are ready to participate in the drill. More information is at http://homecareprepare.org/2019/08/07/prepare-now-for-emergency-drill-to-be-held-next-week/.

HEPC Dates Also posted to our new preparedness site is a calendar of Health Emergency Preparedness Coalition (HEPC) meetings that we encourage you to participate in. (See the right-hand side-bar of the home page.)

HEPCs are regional coalitions of health care providers and preparedness officials (state and local) who work together to develop and coordinate emergency preparedness activities. HEPCs are also valuable for providers as they enable you to network with other agencies on emergency preparedness activities, establish contacts with vital state and local partners, participate in workgroups and drills, and more.

Save the dates for the following HEPC sessions: Lower Hudson Valley (September 11); Long Island (September 12); Central New York (September 17); Western NY (October 18); Finger Lakes (October 28). Location information and times (where available) are listed on www.homecareprepare.org.

For registration information, contact Andrew Koski at (518) 810-0662 or akoski@hcanys.org; or Alyssa Lovelace at (518) 810-0658 or alovelace@hcanys.org.

Western NY Emergency Preparedness Workgroup for Home Health and Hospice Partners Providers in Western New York and the Finger Lakes: please also see our website for further information posted about a new workgroup being formed by the region’s HEPC for home health and hospice partners.

The post (http://homecareprepare.org/2019/08/12/western-ny-emergency-preparedness-workgroup-beingformed-for-home-health-and-hospice-partners/) has further information on how to register for the workgroup, which is an important opportunity for home care and hospice providers in the region to better engage with officials on HEPC activities, discuss gaps and vulnerabilities, and formulate solutions involving home care and hospice on emergency management and preparedness activities.

Medicare Sequestration Extended According to the National Association for Home Care and Hospice (NAHC), the Bipartisan Budget Act of 2019 – signed into law two weeks ago by President Trump – includes an extension of the Medicare sequestration cuts for an additional two years. This across-the-board cut of two percent applies to all Medicare provider payments.

The Medicare sequestration cuts originally began in April 2012 and were extended most recently in the Bipartisan Budget Act of 2018, which set a 2027 termination date, followed by this year’s Bipartisan Budget Act with a new extension to 2029.

Due to the delayed triggering of sequestration into 2013, and the requirement that the reduction be applied for a full 12 months, the effective time period of the reduction carries over to the following year. In this case, sequestration has been extended to 2029 but will be in effect until April 2030.

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Volume 4, No. 29 August 12, 2019 

WORKGROUP from p. 1 Though this important administrative payment issue is not under the purview of the workgroup, this matter has permeated the three previous meetings, as FIs have expressed alarm about the reduction in their reimbursement for administrative expenses.

During the shortened meeting, on August 7, the workgroup discussed a series of questions related to the transition process and procedures for FIs that plan to cease operations. This included: the responsibilities of FIs, plans, local Departments of Social Services (LDSSs), consumers and personal assistants; timeframes for all parties to take certain actions when an FI plans to cease operations; whether transition “rights” only should apply to situations when an FI ceases operation; and more.

As communicated to members in an alert on August 5, the state Department of Health (DOH) posted forms to be used by FIs, managed care organizations (MCOs), and LDSSs when an FI ceases its operations.

The forms are available at https://www.health.ny.gov/health_care/medicaid/redesign/mrt90/cdpas.htm.

Instructions for delivering these forms and transition requirements are located in this DOH policy guidance: https://www.health.ny.gov/health_care/medicaid/redesign/mrt90/mltc_policy/19-01.htm.

At last week’s meeting, various workgroup members conveyed their experiences transitioning consumers from another FI that was closing.

Based on that experience, some said the timeframe in the law (45-day advance notice) is not feasible.

DOH said that it would be issuing guidance for LDSSs as the administrative change to per-memberper-month (PMPM) payments also affects FIs who have contracts with local counties to provide services. In addition, DOH informed the group that consumers with questions about the transition process should call MAXIMUS, the state’s enrollment broker.

Due to the shortened meeting, the workgroup was unable to discuss several agenda items within its purview: developing contracting criteria for the selection of FIs, best practices, and quality reporting requirements.

DOH had prepared a summary of workgroup members’ feedback on

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

Volume 4, No. 29 August 12, 2019 

these issues and is seeking additional recommendations from the workgroup. That summary is in the meeting handouts (see https://hca-nys.org/wp-content/uploads/2019/08/doc05151020190807164512.pdf). HCA is seeking reactions from FI members for further input to DOH. (Any comments/concerns should be sent to Andrew Koski at akoski@hcanys.org.)

While payment issues fell outside the workgroup’s scope, HCA has repeatedly sounded alarms about the Department’s rate structure and rate insufficiencies at a time when administrative responsibilities are being eyed for expansion.

We’ve also specifically called for an extension of the September 1 implementation date for the administrative services payment change – or at least the allowance of grace periods – given that plans will not be aware of their adjusted rates until late August or early September and, thus, will be unable to determine the PMPM (or other administrative payment) and direct-care amounts with contracted FIs. Likewise, plans require time to develop and send contract amendments to their contracted FIs within a certain specified turnaround period, and FIs need requisite time to analyze the proposed terms and respond to the plan. Please see our July letter to State Medicaid Director Donna Frescatore where these and other recommendations are outlined (https:// hca-nys.org/wp-content/uploads/2019/08/HCA-FI-Workgroup-PMPM-Recommendations.pdf).

DOH Filing on Article 78 Petition In related news, the state Department of Health last week filed opposition papers in response to a recent Article 78 court action on FI payments. An Article 78 proceeding is used to appeal the decision of a New York State or local agency to the New York courts. This specific Article 78 action, on FI payments, was filed by FI service entities and state associations representing FIs. Petitioners have until August 14 to respond to DOH’s response. HCA will keep the membership apprised of further developments on the case.

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

Take Important Survey Detailing Your Specialized Home Care Programs Last week HCA circulated a survey of members to collect information on the specialized and innovative programs offered by home care agencies throughout New York State.

The purpose of this survey is to better and more accurately portray the wide range of valuable services you offer the communities you serve.

The survey asks about 26 specialized programs and/or services that your agency may offer but would not have listed on your license or operating certificate.

Please complete the survey at https://www.surveymonkey.com/r/specialtyprogramandinnovations. Your individual answers will be kept strictly confidential and only be reported in the aggregate. While participation in this survey is voluntary, your cooperation is important to providing the most up-to-date information on the amazing work you do every day.

We thank you in advance for your cooperation and participation in this critical effort. Your feedback is important. We look forward to learning more about the innovative programs you offer!

If you have any questions or concerns in regard to this survey, please reach out to Rebecca Gray at rgray@hcanys.org or Lauren Ford at lford@hcanys.org.

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Volume 4, No. 29 August 12, 2019

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

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

Volume 4, No. 29 August 12, 2019 

MLTC Policy Meeting Yields Updates, Issue Discussions On August 8, HCA participated in the state Department of Health (DOH) Managed Care Policy and Planning Meeting. (See the handouts at https://hca-nys.org/wp-content/uploads/2019/08/08.08.19-Policy-andPlanning-MLTC.pdf.)

Some updates and issues include: 

MLTC enrollment increased almost 16 percent from July 2018, including a 13 percent increase in partial cap plans.



DOH has completed its Electronic Visit Verification (EVV) listening sessions and is compiling information received from stakeholders (HCA presented at the New York City session). Offline, HCA confirmed that the state intends to make a request to the U.S. Centers for Medicare and Medicaid Services for a one-year delay in the state’s EVV implementation for personal care services, from January 1, 2020 to January 1, 2021. (See page 10 article on new EVV frequently asked questions.)



Enrollees of United Healthcare MLTC (which is closing September 1, 2019) must choose a new plan by August 20; if not, they will be auto-enrolled into a new plan on August 14, but still have the option to enroll into another plan until August 31.



DOH is no longer accepting new Medicaid enrollments for Fiscal Intermediaries (FIs) and will be advising plans that they cannot terminate contracts with FIs for reasons due to the FI not obtaining a Medicaid provider number. By way of background, all home care agencies (and many other providers) were required, beginning December 2017, to enroll as a Medicaid provider or face termination from managed care (a condition of federal law). DOH delayed enforcement until last summer (2018). It also recognized specific delays for FIs amid policy changes in the FI authorization process at that time, now further complicated by formative overhauls to the FI payment and procurement process.

(See related p. 1 story.)



DOH is preparing a summary of MLTC contract changes which it will share with plans.



Plan representatives expressed the need for more guidance on the change to a per-member-permonth (PMPM) payment for an FI’s administrative expenses, including billing codes. They also asked DOH to clarify that the “written notice and other transition requirements for FIs” apply not only to FIs that choose to cease operations or leave a service area (as outlined in the MLTC Policy Guidance 19.01) but also in the following scenario: FIs who don’t cease operations or leave a service area yet terminate a contract with an MLTC plan and, as a result, the consumer has to choose a new FI.

Memo Analyzes Final FY 2020 Hospice Rule The U.S. Centers for Medicare and Medicaid Services (CMS) has finalized the fiscal year 2020 payment rule for hospices, applicable from October 1, 2019 through September 30, 2020.

In a new memo for members only, HCA completed a comprehensive analysis of the rebased and updated rate calculations for the four main payment components (https://hca-nys.org/wp-content/uploads/2019/08/ MemoCMSFinalHospiceRule-1.pdf). This includes new rates for routine home care (RHC), which is being

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reduced by 2.72 percent to balance out rebasing adjustments (upward) to inpatient respite care (IRC), general inpatient care (GIP) and continuous home care (CHC) components in a budget-neutral fashion.

The final rule also includes major changes to the election statement and addendum requirements, applicable beginning in FY 2021 (that is, starting October 1, 2020).

Most of these election statement and addendum components track with CMS’s proposed rule, from April, with the exception of CMS allowing longer timetables for furnishing information to beneficiaries when requested.

The final rule does elaborate on some of the content requirements as well. See our memo for details.

More Information at Finance Retreat on September 5-6 HCA encourages all hospice providers to attend HCA’s Senior Financial Managers Retreat for further analysis from HCA and the National Association for Home Care and Hospice’s Regulatory Affairs Director Katie Wehri.

This is an important opportunity for hospices to also provide HCA with input and concerns about the intricacies of the election statement and addendum changes or requirements that can inform our advocacy as CMS develops model forms, procedures and/or instructions for Medicare Administrative Contractors. Registration is at https://hca-nys.org/wp-content/uploads/2019/07/HCA-Senior-and-Financial-Managers-Retreat-2019Brochure-Final.pdf.

2018 LHCSA Statistical Report Coming Soon Statistical Report Workgroup to meet The state Department of Health (DOH) indicates that the 2018 LHCSA Statistical Report and 2018 Assisted Living Program (ALP) LHCSA Statistical Report will be released on the Healthcare Financial Data Gateway in the next few weeks.

Both reports contain the form for LHCSAs to register their programs with DOH for the year 2020.

LHCSAs that did not complete the new registration process for 2019 will not be allowed to register for 2020 until the 2019 registration is submitted and the associated fee is paid. The 2019 registration form will be available until the 2020 form is released. After the 2020 registration form is released, any agencies that are not registered for 2019 must contact the Department at HCStatRpt@health.ny.gov to make arrangements to register late and to pay the associated fees.

A list of registered LHCSAs is at https://health.data.ny.gov/Health/Licensed-Home-Care-Services-Agency-Registration-St/ra3v-zevu/data.

The late fee is $500 per month, effective from December 2018 until the month the agency ultimately registered. (LHCSAs were supposed to register by December 1, 2018.) Agencies that have not paid their fees will not be allowed to register for 2020 until the fees are paid. Questions can be sent to HCStatRpt@health.ny.gov (please copy Andrew Koski at akoski@hcanys.org).

HCA was part of a LHCSA Statistical Report Workgroup that met and provided feedback on revisions to the 2017 Report. That group will be meeting again on August 21 to discuss the 2018 report and registration process.

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Volume 4, No. 29 August 12, 2019 

MLTC-LHCSA Contract Limits to Further Restrict on Oct. 1 Providers and plans should begin discussions, mindful of enrollee notification timetables HCA reminds Licensed Home Care Services Agencies (LHCSAs) and Managed Long Term Care (MLTC) plans that the state’s LHCSA-MLTC contract ratios are set to become stricter effective October 1.

The ratios were part of the 2018-19 state budget. The Executive had originally proposed a hard cap on the number of LHCSA contracts that an MLTC plan can have. HCA strongly opposed this proposal, given its adverse impacts on provider viability, continuity-of-care, and MLTC network decision-making, among other reasons. The final budget ultimately landed on an incremental ratio approach, rather than a hard cap, beginning with a first phase of contract ratios on October 1, 2018 and a second phase effective in less than two months from now, on October 1, 2019.

Providers and plans should begin discussions to prepare for these new limits. Beginning October 1, 2019, each MLTC plan may contract with a maximum number of LHCSAs in accordance with the following ratios (based on enrollment as of July 1, 2019): 

For downstate (New York City, Nassau, Suffolk and Westchester), the ratio is 1 LHCSA per each 100 enrollees (1:100) in a plan.



For the rest of the state, the ratio is 1 LHCSA per each 60 enrollees (1:60) in a plan.

Please see the state’s guidance here: https://www.health.ny.gov/health_care/medicaid/redesign/mrt90/ mltc_policy/docs/lhsca_contract_guidance.pdf. It explains the criteria that MLTCs should consider in making contract decisions that meet the thresholds, network adequacy requirements, certain special situations or exemptions, and enrollee notification of any terminated LHCSA contracts.

While the contract limits are effective October 1, 2019, plans and providers should be mindful of the enrollee notification timetables. According to the state’s guidance, enrollee notification of terminated contracts must generally be sent within fifteen days of the notice of termination to the LHCSA.

Agencies Reminded to Submit Data to OSHA The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is reminding employers who have not already done so to submit their 2018 OSHA Form 300A (Summary of Work-Related Injuries and Illnesses).

Those required to submit Form 300A include: 

Establishments with 250 or more employees that are required to keep OSHA injury and illness records.



Establishments with 20 to 249 employees in certain industries. For the list of designated industries, visit https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.41AppA.

Form 300A is submitted electronically at www.osha.gov/300A. Questions about submission requirements can be submitted via a Help Request Form at www.osha.gov/injuryreporting/ita/help-request-form.

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Volume 4, No. 29 August 12, 2019 

CMS Recruits Hospice Experts for Focus Group on Patient Assessment Instrument The U.S. Centers for Medicare and Medicaid Services (CMS) is currently recruiting experienced hospice providers and clinicians to participate in focus groups to discuss and provide input as CMS develops a hospice patient assessment tool.

All interested participants will be considered based on their hospice role, knowledge, and experience with the Hospice Quality Reporting Program or completing patient assessments. Selection will take into account hospice type and location to ensure a nationally balanced representation.

The announcement, application and further information are posted in the downloads section of the Hospice QRP Provider Engagement Opportunities website at: https://www.cms.gov/Medicare/QualityInitiatives-Patient-Assessment-Instruments/Hospice-Quality-Reporting/Hospice-QRP-ProviderEngagement-Opportunities.html.

HCA hospice members can find the Focus Group application directly at: https://www.surveygizmo.com/s3/5061055/Focus-Group-Application-Hospice-Tool-Assessment.

The application deadline is August 26, 2019.

For general questions, e-mail Cindy Massuda, CMS’s Hospice Quality Reporting Program Coordinator, at Cindy.Massuda@cms.hhs.gov.

Additional Guidance Provided on EVV The U.S. Centers for Medicare and Medicaid Services (CMS) has released a new guidance, including new frequently asked questions, on the mandate that states require electronic visit verification (EVV) for personal care services by January 1, 2020 and for home health care services by January 1, 2023.

The guidance is at https://www.medicaid.gov/federal-policy-guidance/downloads/cib080819-2.pdf.

It addresses EVV applicability regarding beneficiaries with live-in caregivers, services delivered partially in the beneficiary’s home, the provision of medical supplies, equipment, and appliances as a component of the Medicaid home health benefit, and the use of web-based timesheets for EVV. As mentioned in the article on the Managed Care Policy and Planning meeting (see related p. 7 story), the state intends to make a request to CMS that EVV implementation for personal care services be delayed for one year from January 1, 2020 to January 1, 2021. This delay option was included in the EVV legislation: a provision that allows states to seek up to one year of additional implementation time if they can demonstrate they have made a good-faith effort to comply and have encountered unavoidable delays.

More information on the EVV requirement is at https://www.medicaid.gov/medicaid/hcbs/guidance/electronic-visit-verification/index.html.

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

Volume 4, No. 29 August 12, 2019 

HCA DATA: 1,000s of Data Points for Your Home Care, Hospice, MLTC Business Planning HCA holds a vast repository of over 100 reports – and thousands of home care, hospice and MLTC data cells – available exclusively to HCA members through our web-based HCA DATA platform.

These reports provide a major advantage for HCA members in their business and operations planning.

They support and inform your financial benchmarking, local market analysis, strategic plan development, contract negotiations, consulting work, and many more functions across various departments.

Through HCA Data, you’ll find everything from big picture trends on statewide home care financial performance to operational data on every individual CHHA, MLTC, LHCSA and Hospice in the state. This data includes operating revenues and expenses across payors, cost factors for salaries and wages, payor mix, visit totals by discipline, caseload capacity by county, unit costs, medical expense ratios, live discharge data (for hospice), and many more items.

Give your CFOs, financial managers, chief strategy officers, operations managers and business planners the keys to these powerful resources today. Learn more and obtain an account here today: https://hca-nys.org/wp-content/uploads/2019/08/HCA-Data-Promo-2019.pdf.

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

Volume 4, No. 29 August 12, 2019 

Supplemental Medical Review Contractor Posts Hospice Project Noridian, the Supplemental Medical Review Contractor (SMRC) for the U.S. Centers for Medicare and Medicaid Services (CMS), has posted information about a second project targeting hospices.

This project, Hospice Portfolio (01-013), targets hospices that provided the general inpatient (GIP) level of care to beneficiaries in skilled nursing facilities (SNF) and hospice services provided in assisted living facilities (ALF). It was spurred by previous Office of Inspector General (OIG) reports on vulnerabilities in hospice care.

Noridian states that the project will be broken into two phases: one for SNFs and another for ALFs. The first will focus on GIP in the SNF (Q5004) – the GIP level of care cannot be provided in an ALF – and the second phase will focus on hospice services provided in the ALF (Q5002).

Additional information on this project can be found at https://www.noridiansmrc.com/current-projects/01-013/.

The SMRC can begin work on a project without it being posted, and our colleagues at the National Association for Home Care and Hospice (NAHC) have heard from providers that Noridian has begun conducting work for this most current project and may be doing so for other un-posted projects.

In February, Noridian posted details of project 100-09, General Inpatient Hospice, where records of GIP claims are being reviewed in all of the settings in which this level of care can be delivered – hospital (Q5005), SNF (Q5004), and hospice facility (Q5006).

Additional Information Posted on ‘Time Off to Vote’ Law The state Board of Elections has posted information about the recent changes in law giving workers up to three hours of paid time off to vote.

The Board’s frequently asked questions document is at https://www.elections.ny.gov/NYSBOE/elections/TimeOffToVoteFAQ.pdf.

More information on this requirement, including a model notice, is at https://www.elections.ny.gov/NYSBOE/elections/AttentionEmployees.pdf.

Under this change, all employees may request up to three hours of paid time off to vote, regardless of their work schedules, as long as the request is made at least two working days prior to the election. The employer may designate that any requested time be taken at the beginning or the end of a shift.

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Volume 4, No. 29 August 12, 2019 

UPCOMING Deadlines Requirement/Change/Meeting

Effective/ Due Date

More Information

Community First Choice Option Plan Readiness Survey for managed long term care and August 12, 2019 cfco@health.ny.gov (MLTCs); BMCCSMAIL@health.ny.gov (mainstream plans) Mainstream Medicaid managed care plans

13

Interoperable Communications Drill

Week of August 12 to August 16, 2019

akoski@hcanys.org or alovelace@hcanys.org

HCA LHCSA Strategy Session: NYC

August 13, 2019, 1 to 3 p.m.

https://www.surveymonkey.com/r/regionalsess2019

HCA CHHA Strategy Session: NYC

August 14, 2019, 10 a.m. to https://www.surveymonkey.com/r/regionalsess2019 12 p.m.

HCA CHHA Strategy Session: Long Island

August 20, 2019, 10 a.m. to https://www.surveymonkey.com/r/regionalsess2019 12 p.m.

HCA LHCSA Strategy Session: Long Island

August 20, 2019, from 1 to 3 p.m.

https://www.surveymonkey.com/r/regionalsess2019

Personal Care Cost Report

August 27, 2019

https://commerce.health.state.ny.us/public/hcs_login.html; PersonalCareͲ Rates@health.ny.gov

Wage Parity Certification Forms Due for September 1 to November 30

September 1, 2019

https://www.health.ny.gov/health_care/medicaid/redesign/2016/2016Ͳ02Ͳ 17_wage_parity_alert.htm

Transition Period for Using April 1, 2018 to Health Insurance Claim Number December 31, (HICN) or new Medicare 2019 Beneficiary Identifier (MBI)

https://www.cms.gov/Medicare/NewͲMedicareͲCard/index.html

Changes in MLTCͲLHCSA Contracting Limits

October 1, 2019

https://www.health.ny.gov/health_care/medicaid/redesign/mrt90/mltc_policy/lhsca _contract_guidance.htm

Medicare will only accept claims submitted with the Medicare Beneficiary Identifier (MBI)

January 1, 2020

https://www.cms.gov/Medicare/NewͲMedicareͲCard/index.html

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

Volume 4, No. 29 August 12, 2019 

LawTalk: NYS Adopts New Protections for Workplace Retaliation Based on Immigration Status

By Frank J. Fanshawe, Esq. Governor Andrew Cuomo recently signed legislation prohibiting employers (including home health agencies, managed long term care plans and hospices) from discriminating or otherwise retaliating against any employee for good-faith reporting of possible labor law violations (such as wage and hour violations) by threatening to contact or contacting federal, state or local authorities about suspected citizenship or immigration status. This law takes effect on October 26, 2019.

Employers that engage in this immigration-based discrimination or retaliation are subject to a civil action by the employee (and liquidated damages), are exposed to significant New York State Department of Labor civil penalties, and face possible criminal prosecution for committing a class B misdemeanor. This new law also codifies federal case law interpreting current New York State Labor Law and the federal Fair Labor Standards Act. According to Attorney General Letitia James, who submitted this legislation and advocated for its passage, “it is incumbent on us to help vulnerable workers be able to stand up for their rights without fear of punishment. This law does just that by protecting New Yorkers from being exploited by unscrupulous and predatory employers.”

Attorney General James noted further that her office has “received numerous credible reports of employers threatening immigrant workers with potential deportation for standing up for themselves.”

HCA members in some instances employ individuals who are protected by this new law. These employers should be mindful of the possible implications of immigration compliance in the workplace and are encouraged to confer with their legal counsel when addressing citizenship or immigration status with employees.

LawTalk is a monthly series by legal counsel for HCA at Jackson Lewis. Please note that HCA LawTalk articles are for general, informational purposes, are not legal “advice,” and do not create an attorneyclient relationship. Because each case is unique, the information provided should be considered to be general in nature and should never be considered a substitution for legal counsel. Readers should not take, or refrain from taking, any action based on information in this article without first seeking legal advice from competent counsel.

Health Resources 

“Supplemental Benefits in Medicare Advantage: Recent Public Policy Changes and What They Mean for Consumers,” by AARP Public Policy Institute https://www.aarp.org/content/dam/aarp/ppi/2019/07/medicare-supplement-seriestwo.doi.10.26419-2Fppi.00075.002.pdf Continued on next page

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

Volume 4, No. 29 August 12, 2019 

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“DSRIP Promising Practices: Strategies for Meaningful Change for New York Medicaid,” by the United Hospital Fund https://uhfnyc.org/media/filer_public/4e/a8/4ea8fbe6-e2ce-4725-b9b8-d5606d52da7b/ dsrip_promisingpractices-20190716.pdf

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“The Impact of Emerging Technologies on Long-Term Care and the Health Workforce,” by the Health Center at UCSF https://healthforce.ucsf.edu/sites/healthforce.ucsf.edu/files/publication-pdf/ ImpactEmergingTechnologiesLongTermCareWorkforce_0.pdf

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“Achieving Health Equity and Wellness for Medicaid Populations: A Case Study of Community Based Organization (CBO) Engagement in the Delivery System Reform Incentive Payment (DSRIP) Program,” by Academy Health, Health Management Associates, and the Disability Policy Consortium https://www.academyhealth.org/sites/default/files/ achieving_health_equity_medicaid_cbos_april2019.pdf