Virtual Town Hall Meeting for ALFs

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1 Virtual Town Hall Meeting for ALFs Welcome. We are currently in listen only mode until the session begins. Legislative & Regulatory Update March 4, 2008

2 Housekeeping Items If disconnected, go back to your invitation for the dial-in in number and the web log-in link. Dial-in in # Pin Code: # Web Log-in Link: conference.com/?conference = &PIN= Or call Zana 800/ Lee Ann Griffin, Director of Quality & Regulatory Services

3 Communicating Throughout the presentation we will prompt participants for questions End of presentation, have a final Q & A Submit typed comments anytime through the chat box at lower left pane If distracting background noise, we ll mute so as not to disrupt for everyone

4 Today s s Agenda Welcome - Introductions Legislative Activities Take notes Non-issue proposals Particularly troubling proposals Regulatory Update Start thinking about policy changes Member Network Conclusion

5 2008 Legislative Session Intense interest in assisted living Coverage in print articles Ombudsmen Focus on Four SB 2216 Storms Senate District 10 SB 1668 Jones Senate District 13 SB 1980 Margolis Senate District 35 SB 1374 Cmty on Health Regulation

6 SB 2216 Creates a service plan requirement for all ALF residents, not just ECC residents Developed by admin/owner using medical examination report Reviewed and updated annually Expands criminal history screenings Adds those persons having access to resident living areas Adds contracted workers

7 SB continued Authority to volunteers and contracted workers to document observations in resident records and report to physicians Assigns to the owner/administrator responsibility for provision of and quality of care and services provided to residents Residents assessed periodically to determine competence to handle own affairs

8 SB continued Creates a criminal history screening for prospective residents Expense borne by new resident Conducted before admission or after admission Information may be used to assess the needs of the resident and the care and services offered or arranged by the facility Absolutely no guidance or direction

9 SB continued New discharge notification requirements At the same time notice is given to the resident, notice is to be sent by registered mail to the resident s s representative to the local ombudsman council to the Agency for Health Care Administration AHCA is supposed to compile an annual report for Legislature

10 SB continued New grievance procedures States procedure must be written (already required in rule) Stated reason for grievance Actions taken by the facility Requires the ALF to report to the local ombudsman within 3 days each and every grievance This will feed into national reports, inflating numbers

11 SB continued Creates a 15 month survey cycle Requires AHCA to conduct 2 more surveys in a year if problems occur: Class I violation 2 Class II violations within 60 days Creates new fines to pay for the 2 surveys $160 per bed per survey

12 SB continued Creates new disqualifying offenses in Chapter 435 for NH s s and ALFs Medicaid fraud Offenses prohibited in Chapter 429 Culpable negligence Burglary Communications fraud Patient brokering Identification theft

13 SB continued Random deletions Deletes local AHCA responsibility to have a local workgroup to combat unlicensed facilities Deletes provision that AHCA may conduct an abbreviated survey for ALFs which have good record of past performance Deletes provision that AHCA will develop key quality of care standards for ALFs

14 SB 1668 Creates new definitions for ALFs Affiliate Controlling entity Controlling financial interest Entity Creates new administrative penalty Not disclosing all affiliates or controlling entities at time of licensure Limits use of liability insurance Prohibits use of liability insurance for a facility's litigation costs or attorney s s fees in defense of a claim against them

15 SB continued Sale or transfer of ownership All residents notified of transaction within 5 days of when application is submitted to AHCA Post impending transaction in prominent locations throughout building Post impending transaction on ALF website Specifies that affected parties may contact AHCA with comments about the proposed owner s s character States that the new owner assumes all liabilities relative to prior licensees, affiliates, and controlling entities of the prior licensee.

16 SB 1980 New Security Requirements for Community Residential Homes If new admission is referred by a criminal justice agency 24 hour security must be provided in order to protect other residents and surrounding community

17 SB 1374 Focus on Home Health Agencies Provides that a Home Health Agency will be assessed a fine if the entity: Provides complimentary staffing to an assisted care community in exchange for patient referrals; Provides services to residents in an assisted living facility for which the home health agency does not receive fair market value remuneration. Fails to provide AHCA, upon request, with copies of all contracts with assisted living facilities which were executed within 5 years before the request.

18 What s s Next Still early in Session Monitor Weekly Legislative Updates Also on our Members Only website Strategize on response Solicit feedback from Legislative Committee and members May solicit specific, targeted action by members in communicating with Legislators

19 Regulatory Update Assistance with Self-Administration of Medication, 58A , , FAC. Administrators Required as part of the Administrator s 12-hour biennium continuing education 2 hours Un-licensed Personnel 4 hours initial; 2 hours each year thereafter Pending

20 Regulatory Update Training Documentation and Monitoring, 58A , , FAC. Certificates Title of training program Subject matter of training program Program agenda Number of hours of training Trainee s s name, dates of training, location Training provider s s name, dated signature and credentials, professional license number DOEA reserves right to attend training Pending

21 Regulatory Update ALF Core Training Provider Qualifications Initial Core Training Provider Registration Maintaining Core Training Provider Registration Approved Core Training Provider Responsibilities Core Training Minimum Curriculum Requirements Special DOEA Request Pending

22 Membership Network 4 Regions; 16 Districts Monthly District Meetings: NHs & ALFs Annual Conference, August 4-74 ALF Track on August 5-65 State Agency Personnel National Experts Session Follow-up Officer Elections FHCA/FCAL Website: See Assisted Living Membership Packet

23 Final Questions Contact: In Closing Lee Ann Griffin Florida Health Care Association/ Florida Center for Assisted Living 307 West Park Avenue Tallahassee, FL We appreciate your participation!

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