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September 10, 2018 Edition of The Situation Report

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QIVAPP FUNDS

CoP GUIDELINES

SEPSIS SUMMIT

DEIP FUNDING

Draft funds have been announced for the QIVAPP program. HCA is conducting an analysis of the amounts for our members and will be providing an update.

CMS finalizes the Interpretive Guidelines that surveyors will use for CoP enforcement.

With Sepsis Awareness Month in September, HCA has resources on our Stop Sepsis website to help you raise awareness of this deadly condition. Please also register for our Oct. 3 summit.

The federal and state governments have extended funding to support providers in their connectivity to the SHIN-NY for sharing clinical health records.

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Your Source for HOME CARE News, Policy and Advocacy

UPCOMING PROGRAMS Mastering the LHCSA Survey Process: Upstate & NYC Sessions Sept. 20: Utica Oct. 30: NYC Ready and in Command: Hot Topics and Best-Practices in Emergency Preparedness (Sept. 27) Troy

Vol. 3, Issue 35 | September 10, 2018

Registration Now Open for HCA and HPCANYS JointSponsored Compliance Program on Oct. 17 HCA and the Hospice and Palliative Care Association of New York State (HPCANYS) invite you to register today for our jointly sponsored Corporate Compliance Symposium for home care, hospice and MLTC on October 17 in Albany. This is a unique collaboration between the two associations, reinforcing our commitment to educating the home care, hospice and MLTC communities about the chief compliance issues facing your organization. See COMPLIANCE p. 4

All-Sector Sepsis Summit (Oct. 3) Albany

New FAQs Posted on 2017 LHCSA Statistical Report

Register at https:// hca-nys.org/eventseducation/upcomingevents

The state Department of Health (DOH) has posted new Frequently Asked Questions (FAQs) to help agencies complete the new and revised 2017 LHCSA Statistical Report. See REPORT p. 2

Tropical Storm Advisory Issued Late on Friday, September 7, The New York City (NYC-EM) and New York State (NYSOEM) Offices of Emergency Management issued an Advisory indicating that they are closely monitoring the path of Tropical Storm Florence. See FLORENCE p. 7

INSIDE Registration Now Open for Compliance Program on Oct. 17.................................1 New FAQs Posted on 2017 LHCSA Statistical Report..............................................1 Tropical Storm Advisory Issued..........................................................................1 A Message From HCA Sponsor RBC Limited.........................................................3 2017-18 QIVAPP Draft Amounts Announced........................................................4 DCA and AG Investigation of Highlights Importance of Compliance Controls.......5 Member Hiring Announcement..........................................................................6 Final Medicare CoP Home Health Interpretive Guidelines Posted......................7 OMIG Seeks HCA Input on Draft CHHA EPS Audit Protocols..................................7

Sepsis Awareness Month: Tell Your Agency’s Story and Join Summit...............8 Q4 2017 PEPPER Reports Available to Help Monitor Compliance...................9 DEIP Funding Program Extended for Connection to SHIN-NY............................9 HCA Kicks Off National Disaster Preparedness Month.................................11 RFA for RRDCs Posted..................................................................................12 Important Upcoming Deadlines...................................................................13 Specialized I/DD Plan Solicitation Update...................................................14 Hospice Preview Report Includes HIS Composite Measure..........................14 Health Resources......................................................................................15


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REPORT from p. 1 The FAQs are at https://hca-nys.org/wp-content/uploads/2018/09/ LHCSA-Statistical-Report_2017_-FAQs_090718.pdf. The FAQs, along with DOH clarifications sent in response to HCA and members’ inquiries, include the following information: 

Only staff in the Administrator role on the Health Commerce System (HCS) as of the first week of August were given access to the Healthcare Financial Data Gateway to download the software and report. Others can be given these abilities if they are assigned the Administrator role and a note is sent to HCStatRpts@health.ny.gov. Once the software and report are downloaded, they can be installed on one or more computers. Installing the software requires Windows administrator privileges.

 Other staff, regardless of HCS role, can enter data provided that they have access to a computer with the software and report installed. 

Al Cardillo Acting President acardillo@hcanys.org Roger L. Noyes Director of Communications, Editor of The Situation Report rnoyes@hcanys.org Patrick Conole Vice President, Finance & Management pconole@hcanys.org Andrew Koski Vice President, Program, Policy & Services akoski@hcanys.org

Care must be exercised so that only one person is entering data into a report at a time. If more than one person enters data into a report at the same time, the system will only retain those changes made by the last person to save the copy of the report.

Laura Constable Senior Director, Membership & Operations lconstable@hcanys.org

The FAQs describe different ways for more than one person to enter data for an agency.

Celisia Street Director of Education cstreet@hcanys.org

LHCSAs newly opened in 2018 still must complete a portion of the Statistical Report.

Mercedes Teague Finance Manager mteague@hcanys.org

As previously mentioned by HCA, DOH has posted resources to assist LHCSAs in downloading and completing this newly formatted and revised Report on the Health Commerce System (HCS). The resources include: instructions on downloading a new platform, the Universal Data Collection System, that is used to complete the Report; instructions on how to complete each section of the report; Frequently Asked Questions; and five videos on the new 2017 LHCSA Statistical Report, including how to: download and install the

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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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.

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


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new software; download the report; open the report; enter data; and validate, finalize and upload the Report. All of these resources are located by going to the HCS main page and clicking on “Newsroom Highlights.” In the future, these resources can be accessed by clicking on “My Content” on the top tool bar, going to “Documents by Group,” then “View all Document Groups,” “Long Term Care,” “Training,” “Home Care,” and lastly “LHCSA Statistical Report.” HCA strongly suggests all agencies review the videos and instruction documents so that you become familiar with the 2017 Statistical Report and can complete it by the November 16 deadline. Note that there is a new Registration process for LHCSAs and the LHCSA Statistical Report has been amended to include the necessary registration information. Very importantly, the Statistical Report is the only means for fulfilling this new registration requirement. DOH has stated that failure to complete and submit the Statistical Report by the November 16 deadline will result in the following penalties: 

A $500 fine for each month, or part of a month, that the organization is not registered.

LHCSAs that are not registered will not be allowed to operate until they become registered.

LHCSAs that fail to register timely for two years (not necessarily consecutive) may have their licenses revoked.

Any questions, concerns or comments regarding the 2017 LHCSA Statistical Report should be sent to DOH at HCStatRpts@health.ny.gov (please copy Andrew Koski at akoski@hcanys.org).

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 COMPLIANCE from p. 1

News headlines just this week reveal the implications of compliance and internal controls – notably, reports about a recent and ongoing New York City Department of Consumer Affairs investigation of home care providers (see related story on this page). To that end, this important October 17 conference covers the most pressing audit, oversight and internal assessment considerations to help you protect your agency, your staff and the integrity of your services to patients. You’ll hear from the state Medicaid program’s audit chief, the Medicaid Inspector General, as well as the Department of Health’s principal home and community-based regulatory officer, and consultants with expertise on compliance hot-topics, Medicare contractor audit initiatives, cybersecurity, and more. Please make sure your relevant leadership, compliance officers, human resources staff and others with responsibility for compliance issues register for this important event at https://events.eply.com/ 2018CorporateComplianceSymposium2637305.

2017-18 QIVAPP Draft Amounts Announced The state Department of Health (DOH) has announced draft funding amounts for New York City eligible home care providers under the Quality Incentive Vital Access Provider Pool (QIVAPP) program for the April 1, 2017 through March 31, 2018 period, and the total amount that each managed long term care (MLTC) plan will be receiving. HCA will be developing and sending all awarded HCA members a personalized list of the draft amounts that they will be receiving from each MLTC plan (after the plans receive the monies from DOH at a later date). Award amounts are based on actual hours provided by home care providers to managed long term care plans. Today, DOH sent e-mails to MLTC plans about the funding amounts. The total funding will be distributed by lump sum payment to plans when approval is granted by the state Division of Budget (DOB). After receiving those payments, plans will then have 30 days to distribute the funds. QIVAPP has been available since the 2014-15 state fiscal year for New York City home care providers who contract with MLTC plans and meet certain criteria. Those criteria and additional information on QIVAPP are at https://www.health.ny.gov/health_care/medicaid/redesign/mrt_61.htm. For more information, contact Andrew Koski at akoski@hcanys.org or (518) 810-0662.

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DCA and AG Investigation of 40 NYC Home Care Agencies Highlights Importance of Internal Compliance Controls and Potential Layers of Confusing Regulations Join HCA for Compliance Symposium; Bootcamp on Mastering the LHCSA Survey Process; and Downstate LHCSA Forum for critical compliance education, information As HCA reported in our news-clip circulations last week, the New York City Department of Consumer Affairs (DCA) held a press conference on September 6 announcing a joint investigation with the office of the State Attorney General involving enforcement actions against 42 home care agencies in the city for alleged noncompliance with paid sick leave, and wage and hour laws. The investigation resulted in settlements with half of the agencies. According to a DCA press release (https://www1.nyc.gov/site/dca/media/pr090518-DCA-AnnouncesFindings-of-Investigations-42-Home-Care-Agencies.page), the investigation found: alleged restrictions on paid sick leave; reported violations of the 13-hour standard for 24-hour home care shifts; and alleged disclosure and/or pay noncompliance related to the Wage Parity Law. At least two cases were turned over to the Attorney General’s office and 13 cases were referred to the state’s Department of Health, Department of Labor and Office of the Medicaid Inspector General for further investigation. As HCA fielded media questions the night before the press conference, we prepared a press statement that was circulated to a few news outlets emphasizing the importance of compliance with applicable regulations while also stating that “these laws have become increasingly complex in recent years, especially with the interplay of federal and state changes, as well as the emergence of several overlapping and still-unsettled legal rulings and circumstances addressing wage and hour issues in particular.” As extensively reported to members in this newsletter and elsewhere, a series of court cases, emergency rulemaking, and interpretations of underlying Department of Labor (DOL) regulations and statutes have raised questions about the status of DOL’s longstanding 13-hour standard, which exempts certain compensable hours on 24-hour/live-in cases when an aide is afforded eight hours of sleep (including five hours of uninterrupted sleep time) and three hours for meals. At least some of the DCA findings appear to involve these cases, and whether or not the standard was met (i.e., whether sleep or meal times were interrupted). In addition, providers are required to not only meet the Wage Parity Law compensation levels but also submit attestations to the Department of Health and/or their contracted partners certifying compliance with the law. As noted in our press statement on the DCA investigation: “It is unclear as of yet, without further information and examination, the exact nature of these findings, including which instances involve allegations of practice and which involve technical reporting and documentation omissions,” including, for instance, Wage Parity Law attestation requirements. It is vital that providers closely monitor their compliance with applicable laws and regulations and develop internal controls for these and other important areas of regulation which are being increasingly subject to state and federal audits. Continued on next page

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The Situation Report: the Home Care Association of New York State This month and next, we are holding a series of programs to educate providers on vital compliance issues, including our October 17 Corporate Compliance program, jointly sponsored with the Hospice and Palliative Care Association of New York State (see related p. 1 story) and two sessions for LHCSAs to hear directly from the Department of Health Regional Office staff who are often your first point of contact for regulatory compliance or survey actions. These sessions (on September 20 in Utica and October 30 in New York City) will help you “Master the LHCSA Survey Process,” especially as the Department of Health has indicated it will be significantly ramping up its surveillance of LHCSAs. Downstate LHCSAs are also strongly encouraged to register for our LHCSA Forum on October 4 in New York City where we will delve into all of the major regulatory and reimbursement hot topics for LHCSAs, including the LHCSA-MLTC Contract Limits, the LHCSA moratorium and need methodology (now under

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development), the new LHCSA Statistical Report and registration process, 24-hour/live-in cases, and much more. See the registration forms linked below. Upcoming Programs to Support Your Compliance 

Corporate Compliance Symposium in Albany (October 17): register at https://events.eply.com/ 2018CorporateComplianceSymposium2637305.

Mastering the LHCSA Survey Process (September 20 for upstate members and October 30 for downstate members): https://hca-nys.org/wpcontent/uploads/2018/08/HCA-BootcampMastering-the-LHCSA-Survey-Process-Fall2018.pdf.

Downstate LHCSA Forum (October 4 in New York City): https://hca-nys.org/wp-content/uploads/ 2018/08/October-4-2018-Downstate-LHCSA-andHCC-Forum-Registration-Form.pdf.

If there are other compliance topics on which your agency seeks education or assistance, please contact us. HIRING

Staff Development Education Supervisor – Home Health Full Time 9am-5pm NYU Winthrop Hospital’s Home Health Agency ranks as a top-performing US Home Health Agency! Come join our stellar team of nurses, therapy professionals and social workers who provide home health care to our maternal, child and adult population. We have an exceptional opportunity for a Staff Development Education Supervisor to be responsible for home health staff education, development and professional growth, including our orientation program (didactic & practical components). With collaboration of the Director of Quality Management/Staff Development and the department’s management team, you will identify, develop and plan appropriate staff development programs to support agency needs to provide optimum patient outcomes. Working with the Administrator and the Director of Patient Services, you will research, coordinate & establish new programs for the agency. We require:  NYS RN License  BSN with 2 years’ experience in education in a Certified home care agency  2-3 years clinical nursing practice  2 years community health nursing  Good communication/computer skills NYU Winthrop Hospital is located on Long Island in Western Nassau County just 25 miles from Manhattan. Email HRHomeCare@nyuwinthrop.org.

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FLORENCE from p. 1 Although it is too early to determine the final track of the storm, home care, hospice and other providers are reminded of important preparedness measures to be taken in advance of any potential landfall. The Advisory is at https://hca-nys.org/wp-content/uploads/ 2018/09/ctrlaccihanstmpNotification_100115.pdf. According to the Advisory, Tropical Storm Florence could grow in strength, bring high surf, storm surge flooding, tropicalstorm force winds and power outages to areas of New York City, the Long Island shoreline and the Lower Hudson Valley. While any potential impact of this storm will most likely affect the NYC Metropolitan Area and surrounding counties, the guidance is for all facilities in the state to follow until more certainty of storm track and impact are determined. During and following the storm, providers needing assistance are advised to make requests for assistance through their local Emergency Operations Center (EOC) or, if the EOC is not activated, their local Office of Emergency Management. The state Department of Health (DOH) Office of Health Emergency Preparedness (OHEP) and Office of Primary Care and Health Systems Management (OPCHSM) recommend that health care providers conduct pre-storm planning and preparations. The Advisory lists such activities, including: alternate staffing arrangements; review of patient census and status by Transportation Asset Levels; communication procedures; staff and patient preparation; and more. Agencies are reminded to ensure that staff have active Health Commerce System (HCS) accounts and HCS Communications Directory roles so that your agency can comply with any state requests for essential storm-related and preparedness data, including Health Electronic Response Data System (HERDS) surveys. All business and emergency contact information for Administrators and other essential roles in the Communications Directory must be updated and accurate. The Advisory includes emergency contact phone numbers for DOH. HCA will update members as more information on Tropical Storm Florence becomes available.

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Final Medicare CoP Home Health Interpretive Guidelines Posted The U.S. Centers for Medicare and Medicaid Services (CMS) has released the final home health agency (HHA) Conditions of Participation (CoPs) Interpretive Guidelines. The guidelines are at https:// www.cms.gov/Medicare/ProviderEnrollment-and-Certification/ SurveyCertificationGenInfo/ Downloads/QSO18-25-HHA.pdf. The new Medicare CoP requirements were effective on January 13, 2018, except for the Quality Assessment and Performance Improvement project requirements which were effective on July 13, 2018 and the emergency preparedness provisions that were effective on November 16, 2017. Agencies have been using the draft guidelines during this period. HCA had submitted comments on the then-draft guidelines and will be reviewing the final guidelines so that we can inform members of any revisions or other provisions that agencies need to be aware of. HCA will be discussing the final guidelines with the state Department of Health to learn the Department’s analysis and planned steps. We will advise the membership of insights and results from this discussion.


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OMIG Seeks HCA Input on Draft CHHA EPS Audit Protocols The Office of the Medicaid Inspector General (OMIG) has sought HCA feedback on its draft audit protocols for the Certified Home Health Agency (CHHA) Episodic Payment System (EPS). The CHHA protocols that are currently posted by OMIG apply to Medicaid fee-for-service (FFS), while these protocols apply to Medicaid EPS. The 22 protocols cover: missing or insufficient documentation of hours/visits; services in excess of ordered hours/visits; billed Medicaid before services were authorized; comprehensive assessment not documented/late; missing plan of care/order; failed to maximize third party/Medicare; and many more. HCA will be reviewing the draft protocols and seeks CHHA members who want to also review them and provide input that we will incorporate into any comments we send to OMIG. If you are interested, contact Andrew Koski at akoski@hcanys.org. Current OMIG audit protocols are at https://omig.ny.gov/audit/audit-protocols. October 17 Symposium to Feature Medicaid Inspector General The Medicaid Inspector General, Dennis Rosen, is one of the featured speakers at the October 17 Corporate Compliance Symposium co-sponsored by HCA and the Hospice and Palliative Care Association of New York State. Mr. Rosen will detail some of the major compliance watch areas that his auditors are focusing on.

Sepsis Awareness Month: Tell Your Agency’s Story and Join HCA and Partners for Upcoming Summit September is Sepsis Awareness Month and HCA continues to work with members on media-relations activities and other efforts to emphasize the work you are doing with the sepsis tool and protocols to support the health care system’s response to this deadly condition. Our Stop Sepsis at Home website has some social media tools from Sepsis Alliance and other resources that we encourage you to use in educating the public about the risk signs of sepsis during Sepsis Awareness Month in September. See http://stopsepsisathomeny.org/sepsis-alliance-offers-toolkit-forsepsis-awareness-month-in-september/. Please also feel free to contact HCA’s Communications Director Roger Noyes at rnoyes@hcanys.org for further assistance with pitching your Stop Sepsis at Home efforts to local media or sharing your work with legislators and the public. One other important way of promoting, fine-tuning and partnering on your sepsis response work is by attending HCA’s October 3 All-Sector Sepsis Summit in Albany. Continued on next page

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Continued from previous page This daylong program at the Albany Hilton includes top state health officials, physician experts, representatives of all health sectors, public policy and education partners, and quality and clinical experts. In the newest addition to our program, Capital Region media representative Benita Zahn, an anchor at WNYT News Channel 13, is also among the scheduled speakers, adding a new voice and potential for exposure about the ways home care, other providers and educational groups are working together on sepsis prevention, response, identification and public awareness. The Summit’s goal is to promote a true “continuum response” to sepsis, an emergency condition where collaboration and timing are critical to saving health, lives and catastrophic cost. Please register today at http://stopsepsisathomeny.org/event/all-sector-sepsis-summit-a-statewide-callto-action/.

Q4 2017 PEPPER Reports Available to Help Monitor Compliance The contractor for the U.S. Centers for Medicare and Medicaid Services (CMS) has released the fourth quarter 2017 Program for Evaluating Payment Patterns Electronic Report (PEPPER) for home health agencies. The report, available since mid-July, can be downloaded from the PEPPER Resources Portal. The report for hospices, meanwhile, has been available since mid-April. Check out the access guide and instructions at https://pepperresources.org/Portals/0/Documents/PEPPER/ PEPPERresourcesorgSecurePEPPERAccesssGuide.pdf. To gain access, you will need a medical record number or patient control number from a claim for services. For hospices, the “from” or “through” date on the claim must be between July 1, 2017 and September 30, 2017. For home health, the applicable claim record dates should be between October 1, 2017 and December 31, 2017 PEPPER summarizes provider-specific data statistics for Medicare services that may be at risk for improper payments. These are useful for purposes of internal auditing and monitoring activities. PEPPER is distributed by TMF Health Quality Institute under contract with CMS. If you have questions about the report or accessing it, visit http://www.pepperresources.org/ HelpContactUs.aspx.

DEIP Funding Extended for Home Care, Hospice Connection to SHIN-NY The U.S. Centers for Medicare and Medicaid Services (CMS) has extended a program, through September of 2020 (or until funding is exhausted), for providers to gain funds that enable them to connect and exchange critical health information with other providers. The New York eHealth Collaborative has shared with HCA an updated two-page information sheet about the process for home care and hospice providers to apply for these funds. The program is intended to help

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support your connectivity to qualified entities (QEs) through the Statewide Health Information Network (or SHIN-NY). The information can be downloaded at https://hca-nys.org/wp-content/uploads/2018/09/DEIP-Article-36-40September-2018.pdf. SHIN-NY allows for connectivity among providers for the electronic exchange of information through your electronic health records (EHR). This state-run system helps providers improve patient outcomes, reduce unnecessary and avoidable tests and procedures, and lower costs through your connection to any of the eight QEs, which are regional hubs participating in SHIN-NY for the sharing of information. (QEs were formally known as Regional Health Information Organizations, or RHIOs.) There are, however, charges for connecting to the QE in your region. This is why the state and federal governments have authorized a now-extended incentive program to help defray the costs of participation through two payments of $2,000 and $11,000 per-connection, on the basis of providers applying for connectivity and meeting certain milestones. (This incentive program, previously reported to the membership, is known as the Data Exchange Incentive Program, or DEIP.) The fact sheet linked above includes DEIP eligibility requirements for providers seeking funds, including a menu of options for meeting EHR privacy and security requirements, cybersecurity assessment criteria, or confidentiality and privacy audit outcomes (i.e., an SOC 2, Type II audits with no material findings). In addition to the eligibility requirements, providers must meet two milestones, which should be completed by September 30, 2020, as outlined in the DEIP document. Funds are available on a rolling basis, and providers receiving funds must agree to exchange certain data elements. For more information, contact deip@nyehealth.org.

NYeC Taps HCA for Multi-Sector Association Group The New York e-Health Collaborative (NYeC) is tapping HCA and multi-sector associations to join strategic efforts, including a Provider Advisory Group, to implement its 2020 health information and health information exchange (HIE) Roadmap to “Improving Health in our Communities.” NYeC is New York State’s designated entity for HIE and the State Department of Health’s (DOH) prime contractor for the Statewide Health Information Network for New York (SHIN-NY). NYeC is working to achieve its Roadmap goals and improve HIE services statewide. NYeC is forming several advisory groups to provide continuous statewide feedback and insight to support the work the SHIN-NY is doing to improve health care through health information technology and HIE across the state. Helping launch this initiative is the Provider Advisory Group, which will serve as a window into the health care provider community. This group will be tasked to help advise NYeC on the intersection of patient care, transformation and workflow with HIE and HIT, and how that can be harnessed to transform the health care system and improve health outcomes and provider experience. Continued on next page

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Continued from previous page Subsequent groups currently being conceptualized and assembled include: Consumer Advisory Group, Community Based Organization & Value Based Care Advisory Group, Health Plan Advisory Group, Technology & Innovation Advisory Group, and Quality Measurement Advisory Group. NYeC has invited HCA to join on monthly calls designed to facilitate ongoing communication and exchange between NYeC and each health care sector represented by the association. The first such meeting will be Friday, October 12, 2018, and will follow standing agendas that will provide NYeC updates, address hot topics and developments, and offer opportunity for HCA and each association to share updates, ask questions of NYeC, and/or raise particular items with the workgroups and collaborating associations. HCA has been working closely with NYeC during the past several years to identify ways of supporting HIT/HIE infrastructure and connectivity for home care, hospice and managed long term care. The DEIP program (see p. 10) is an example of such, as well as HCA’s participation in the Statewide Health Information Workgroup previously convened by NYeC and DOH. HCA greatly appreciates this opportunity and will be regularly seeking the input of and reporting to the membership on this critical issue area for home care and partners throughout the continuum.

HCA Kicks Off National Disaster Preparedness Month Last week, HCA kicked off our involvement in National Disaster Preparedness Month by participating in a webinar, entitled “Exercises 101,” by the state Department of Health (DOH) Office of Health Emergency Preparedness. This is the first of a two-part series which HCA had suggested the state hold to inform home care and hospice (and other long term care) providers about the various types of preparedness exercises and how to complete follow-up reports. The second webinar in the series will cover “Writing an After-Action Report” and will be on September 21, from 1 to 2 p.m. You can register at https://nylearnsph.com/Public/Catalog (you must first obtain a username and password). The Exercises 101 handouts are at https://hca-nys.org/wp-content/uploads/2018/09/Exercises-101-CMSwebinar-for-IOC-drill-8-14-18.pdf. This program reviewed: what a preparedness exercise is; why these exercises are important; the necessity of testing emergency plans; five ‘mission’ areas of emergency preparedness; types of exercises; and evaluation and documentation of exercises. These programs are followed by and complemented by HCA’s September 27 conference on Emergency Preparedness hot-topics that will offer many other additional topics distinct from the DOH webinars, including cybersecurity, resources for assisting in the development of required home care and hospice emergency preparedness plans, a session on key considerations for developing a truly all-hazards approach to emergency preparedness planning, and a table-top exercise that qualifies as one of the

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elements for meeting the federal Conditions of Participation requirement to test your emergency preparedness plan. Please register at https://hca-nys.org/wp-content/ uploads/2018/08/HCA-Emergency-Preparedness-Conference-9-27-18-Brochure.pdf. In October, DOH will hold an Interoperable Communications Drill on October 9. Those agency staff correctly listed in the Health Commerce System (HCS) Communications Directory will receive an Integrated Health Alerting Network System (IHANS) notification at about 9 a.m. Agencies will have until sometime that morning to complete the drill and demonstrate their ability to receive information by testing whether the agency has appropriate roles assigned and current contact information in the HCS. Providers and plans are also advised to review the Aware Prepare update, an excellent resource of upcoming preparedness trainings. It is at https://www.urmc.rochester.edu/emergency-preparedness/training.aspx. HCA and the New York State Association of Health Care Providers (HCP) work with all home care and hospice providers to support their roles in emergency preparedness under a grant from the state Department of Health Office of Emergency Preparedness. For more information, contact Andrew Koski at akoski@hcanys.org or (518) 810-0662.

RFA for RRDCs Posted The state Department of Health (DOH) has posted on the Grants Gateway a request for application (RFA) for Regional Resource Development Centers (RRDCs) to administer the Nursing Home Transition and Diversion (NHTD) and Traumatic Brain Injury (TBI) waiver programs. The announcement is at https://grantsgateway.ny.gov/IntelliGrants_NYSGG/module/nysgg/ goportal.aspx?NavItem1=3. RRDC agencies identify and support appropriate individuals for participation in the NHTD and TBI waivers, develop a sufficient provider network capacity, and maintain cost neutrality compared to the cost of institutional care for the waiver participants considered as a group. The RRDC contracts will be awarded for ten regions as single or multiple region contractors, or as a single statewide contractor covering all New York State counties, for a five-year period. The contracts are expected to begin May 1, 2019 and end on April 30, 2024, dependent upon continued funding availability and satisfactory contractor performance (dates may be subject to change). Applicants must be prequalified in the New York State Grants Gateway, if not exempt, on the date applications are due. Applications will be accepted only from not-for-profit organizations. The contractor must have three years’ experience in NHTD, providing services to seniors or people with disabilities, and/or TBI services. Current providers of waiver services, as well as any sub-corporation, foundation or any other legal entity under the control of the waiver service provider agencies may not apply. Letters of interest/intent are strongly encouraged and are due September 24; questions are due September 26; Q&As will be posted on or about October 15; and applications are due November 1.

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

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Upcoming Deadlines Requirement/Change

Effective/Due Date

More Information

Transition Period for Using Health Insurance Claim Number (HICN) or new Medicare Beneficiary Identifier (MBI)

April 1, 2018 to December 31, 2019

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

Deadline for NYC employers to post sexual harassment poster and give new employers September 6, 2018 related fact sheet

https://www1.nyc.gov/assets/cchr/downloads/pdf /materials/SexHarass_NoticeͲ8.5x11.pdf https://www1.nyc.gov/assets/cchr/downloads/pdf /materials/SexHarass_Factsheet.pdf https://www1.nyc.gov/site/cchr/index.page

2019 Hospice Minimum Wage Survey Due

September 19, 2018

https://www.surveygizmo.com/s3/4543360/Minim umͲWageͲSurveyͲHospiceͲ2019

2019 Assisted Living Program Minimum Wage Survey Due

September 19, 2018

https://www.surveygizmo.com/s3/4543570/Minim umͲWageͲSurveyͲALPͲ2019

MLTC/LHCSA contract limits go into effect

October 1, 2018

https://www.health.ny.gov/health_care/medicaid/ redesign/mrt90/mltc_policy/lhsca_contract_guida nce.htm

Emergency Preparedness Interoperable Communications Drill

October 9, 2018

https://hcaͲnys.org/wpͲ content/uploads/2018/08/SitReport082018.pdf

All NYS employers are required to adopt sexual harassment prevention policies and training program

Effective October 9, 2018

https://www.ny.gov/programs/combatingͲsexualͲ harassmentͲworkplace

LHCSA proposed public need methodology

Comments due October 12, 2018

https://hcaͲnys.org/wpͲ content/uploads/2018/07/9594a968Ͳ7de4Ͳ4c67Ͳ b52dͲ62fa0234c9cb.pdf

Medicare Open Enrollment: Beneficiaries can change their Medicare coverage from managed care plan to feeͲforͲservice or vice versa, and can join or switch prescription drug plan

October 15 to December 7, www.medicare.gov 2018

2017 LHCSA Statistical Report Due

November 16, 2018

https://commerce.health.state.ny.us/public/hcs_lo gin.html

MLTC Enrollment LockͲIn Starts

December 1, 2018

https://www.health.ny.gov/health_care/medicaid/ program/update/2018/2018Ͳ06.htm#mltc

Employees must complete sexual harassment training

January 1, 2019

https://www.ny.gov/programs/combatingͲsexualͲ harassmentͲworkplace

13


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

Volume 3, No. 35 September 10, 2018 

Specialized I/DD Plan Solicitation Update The state Department of Health (DOH) and the state Office for People With Developmental Disabilities (OPWDD) will be seeking applications from qualified parties interested in becoming a Specialized I/DD PlanProvider Led (SIP-PL) to serve individuals with Intellectual/Developmental Disabilities (I/DD) through managed care in accordance with the state’s transition plan. OPWDD has posted for public comment a document that contains the requirements for the creation of specialized Managed Care Plans to coordinate and deliver all of an individual’s services, including OPWDDfunded services, healthcare, behavioral health, and medication management. It can be found at https://www.health.ny.gov/health_care/medicaid/program/medicaid_health_homes/idd/ draft_idd_1115_waiver.htm. This qualification document includes prerequisites for education and experience for medical and clinical directors, financial reserve requirements and other standards the plan applicants will be required to meet. Comments on the draft requirements and standards document are due on or before October 3, 2018 and should be sent to peoplefirstwaiver@opwdd.ny.gov.

CMS Provides Hospice Quality Updates: Latest Preview Report Includes HIS Composite Measure, Plus Case-Mix Documents Updated The U.S. Centers for Medicare and Medicaid Services (CMS) has recently provided multiple hospice quality reporting updates. The following is a summary of each update. Hospice Provider Preview Reports Now Available Hospice provider preview reports and Hospice Consumer Assessment of Healthcare Providers and Systems (CAHPS) Survey provider preview reports have been updated and are now available in the hospice Certification and Survey Provider Enhanced Reports (CASPER) non-validation reports folder. Hospice providers are encouraged to review their Hospice Item Set (HIS) quality measure results from the first to the fourth quarter of 2017 and their facility-level CAHPS survey results from the first quarter of 2016 to the fourth quarter of 2017. Providers have 30 days to review their HIS and CAHPS results (September 5, 2018 through October 5, 2018). The data that appear in the Preview Reports will be publicly reported on Hospice Compare in November 2018. The update includes one additional process measure for hospices that will be posted for the first time: Hospice and Palliative Care Composite Process Measure – Comprehensive Assessment at Admission (National Quality Forum No. 3235). For more information on how to access these reports, view the HIS Preview Report Access Instructions at: https://www.cms.gov/Medicare/Quality-Initiatives-Patient-Assessment-Instruments/Hospice-QualityReporting/Downloads/Hospice-Provider-Preview-Report-Access-Instructions.pdf. Continued on next page

14


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

Volume 3, No. 34 September 4, 2018 

Continued from previous page Case-Mix Adjustment Methods for CAHPS Hospice Survey Measures Document Posted CMS has posted updates to the case-mix adjustment (CMA) methods document which describes refinements to the CMA model, updated coefficients and means from the fourth quarter of 2017 for CAHPS Hospice Survey. The posting is available on the Scoring and Analysis page at https://www.hospicecahpssurvey.org/ en/scoring-and-analysis/.

Health Resources 

“2017 Hurricanes and Wildfires: Initial Observations on the Federal Response and Key Recovery Challenges,” by the U.S. Government Accountability Office https://www.gao.gov/assets/700/694231.pdf

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

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