Also in this week`s HCP Insider... - New York State Association of

January 4, 2013 13-01
Wage Theft Deadlines, HCP Session Advocacy to
Eliminate Annual Notice Requirements
2
State Remains on Track to Expand Mandatory MLTC
Enrollment in January
3
LTHHCP Enrollment Remains a Statewide Option for Now;
DOH Issues Clarification on 1915(c) LTHHCP Waiver
5
Also in this week’s HCP Insider...
Updated MLTC Application Tracking Document
Available............................................................. 3
Maximus/NY Medicaid Choice Consumer
Contact Information............................................. 4
Recording of UAS-NY Overview Webinar Available.... 4
HHS Issues Tips on Securing Health Information
on Mobile Devices................................................ 5
HCP Managed Care Survey on Payment Issues........ 5
IRS Proposed Regulations on Employer Shared
Responsibility for Health Coverage Released............ 6
CMS Open Door Forum Scheduled for Jan. 9........... 6
NYS Medicaid Update - December 2012................. 6
MLN Matters....................................................... 7
Fiscal Cliff Spares Home Care; Addresses
Physician Cut; Sequestration Still to Come.............. 8
DOH Issues DAL on Hurricane Sandy
Respiratory Health and Related Illness Information.... 8
Emergency Rule Consolidates MMC Regs................ 9
HCP Chapter Public Policy Briefings........................ 9
Contributors
Christy Johnston, President, ext. 813 Catherine M. Tully, Senior Policy Advisor, ext. 811
Megan Tangjerd, Associate for Public Policy, ext. 818
Claudia Hammar, Senior Vice President, ext. 809
johnston@nyshcp.org
tully@nyshcp.org
tangjerd@nyshcp.org
hammar@nyshcp.org
HCP, 20 Corporate Woods Blvd, 2nd Floor, Albany, NY 12211
518.463.1118 fax 518.463.1606 www.nyshcp.org
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Wage Theft Deadlines, HCP Session Advocacy to Eliminate Annual
Notice Requirement
As required under the Wage Theft Prevention Act of 2010 (the “Act”), which went into effect on April 9,
2011, employers must provide all employees with an annual notice of wages by February 1 of each year.
HCP to Push for Legislative Relief Again in 2013
From its initial passage in 2010, HCP voiced its opposition to the Act’s annual notice requirements,
citing that, while well-intentioned, the provisions within the Act are costly and burdensome for home
care agencies, requiring them to incur ongoing costs associated with education and legal guidance,
training of human resources workers, updating recordkeeping and payroll systems, and securing
additional space for record retention.
At the start of the 2012 Legislative Session, HCP worked with Senator John A. DeFransisco (R- Syracuse)
and Assembly Member Dennis A. Gabryszak (D- Cheektowaga) to introduce legislation that would repeal
the Act’s onerous annual notice requirement. The legislation passed the Senate in late February; however,
as the 2012 session came to a close, the bill remained in the Assembly Labor Committee.
HCP has been in contact with the bill’s sponsors, and all parties are ready to push for a quick
introduction of new legislation in the 2013 Legislative Session. HCP will work with retained lobbyists
Weingarten, Reid & McNally to advocate for its passage and ask HCP members to do so as well.
Notice Requirements
Notices must include the employee’s rate(s) of pay, designated pay day, the employer’s intent to claim
allowances (like tip or meal allowances) as part of the minimum wage, and the basis of wage payment
(whether paying by hour, shift, day, week, piece, etc.), as well as the official name of the employer and
any other names used for business (DBA) and the address and phone number of the employer’s main
office or principal location.
Notices must be provided to employees at the time of hiring, annually on or before February 1st of each
year of employment, and within 7 days of a wage change if the change is not listed on the employee’s
pay stub for the following pay period. The notice must be provided in the employee’s primary language,
as identified by the employee. Employers must have each employee sign and date the completed notice.
Employers must provide a copy to each employee.
The HCP Insider is published weekly for the sole benefit of HCP members. Copyright © 2013 New York State Association of Health Care Providers, Inc.
All rights reserved. No part of this document may be reproduced without written permission from the publisher.
The HCP Insider • New York State Association of Health Care Providers, Inc. • 20 Corporate Woods Blvd., 2nd Floor • Albany, NY 12211 • 518.463.1118 • hcp@nyshcp.org
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Template notices in several languages are available on
the Department of Labor’s website at http://www.labor.
ny.gov/formsdocs/wp/ellsformsandpublications.shtm.
Updated MLTC Application
Tracking Document Available
A Wage Theft Questions and Answers (Q&A)
document is also available at http://www.labor.ny.gov/
workerprotection/laborstandards/PDFs/wage-theftprevention-act-faq.pdf.
The New York State Department of
Health (DOH) has posted an updated
Managed Long Term Care (MLTC)
program application tracking document
to the MRT website.
State Still on Track to Expand
Mandatory MLTC Enrollment
in January
The excel spreadsheet, which is
available at http://www.health.
ny.gov/health_care/medicaid/redesign/
docs/2012-12-19_master_new_app_
tracking.pdf, provides information on
the status of new programs seeking
approval, expansions to existing
programs and pending applications.
This week, New York State Department of Health (DOH)
officials provided the first update of the new year on the
State’s transition to mandatory managed long term care
(MLTC). The call was mainly focused on stakeholder
questions; however, Director of Long Term Care Mark
Kissinger provided the following implementation updates:
• The MLTC transition begins, as anticipated, in Nassau, Suffolk and Westchester counties this
month. No announcement letters have been mailed yet in these regions; DOH staff reported
that letters to eligible personal care recipients are expected to begin going out mid-month. The
transition in these regions will take place county-wide, not by zip code as was the case in New
York City.
• In addition to personal care recipients, eligible individuals residing in New York City and in
Nassau, Suffolk and Westchester counties who receive private duty nursing (PDN), adult day
health care, consumer directed personal assistance or Certified Home Health Agency (CHHA) long
term care services will also begin receiving announcement letters this month.
• The State’s request to amend its 1915(c ) Long Term Home Health Care Program (LTHHCP)
waiver, which will permit it to make mandatory the transition of eligible LTHHCP service
recipients to MLTC, is still pending approval from the Centers for Medicare & Medicaid Services
(CMS). DOH staff emphasized that until Federal approval is received, the LTHHCP remains a
viable option for eligible consumers. (See related article on page 5)
• Maximus has reported to DOH that approximately 19,800 mandatory letters have been mailed to
personal care recipients in New York City to date, with 953 individuals having been auto-assigned
to a MLTC plan. The State’s enrollment broker continues to move through the eligible population
in New York City—and hopes to have completed the transition in that region by the end of 2013.
• As reported on recent MLTC implementation conference calls, additional MLTC plan approvals
are upcoming. While DOH staff had no approval announcements to make on the call, the list
will include new plans, additional lines of business for current plans, and expansions of alreadyapproved plans into additional counties.
• DOH posted updated contracting documents to the MRT website on December 27. As detailed
in a DOH memo to MLTC plans, both the Standard Clauses for Care Management Administrative
Services Contract and the Care Management Administrative Services Contract Guidelines for
MLTC Plans have been revised as follows:
• Section I of the CMAS Contract Guidelines identifies an effective date as September 1,
2012. That date is corrected to December 1, 2012. A typographical error is also corrected.
• Section III of the CMAS Contract Guidelines for MLTC Plans contains mandatory contract
provisions that are replicated in the CMAS Standard Clauses. A number of edits to Section III
of the Guidelines were not extended to the applicable item in the Standard Clauses document.
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The majority of the call was dedicated to Q&A, with
discussion focused on several hot button issues, Including:
Maximus/NY Medicaid Choice
Consumer Contact Information
• Some callers noted that coding issues are being
experienced, particularly among nursing home
Consumers who receive mandatory
discharges and spend-down cases. Participants on
managed long term care (MLTC)
the call voiced the problem as a continuity of care
enrollment notices are directed in those
issue that puts clients at risk. DOH responded that
communications to contact the State’s
the problem has been identified and that Maximus
enrollment broker, Maximus/ New York
has completed training with the MLTC plans and
Medicaid Choice, for more information
HRA partners on proper coding procedures. The
and to get answers to any questions they
issue, however, is a Medicaid eligibility issue, under
may have.
the authority of HRA. HRA is the entity that must
modify the code so that plan enrollment may be
Several HCP members have requested
successful, so providers experiencing similar issues
the consumer contact information for
should contact their local Medicaid eligibility office.
Maximus to provide to inquiring clients:
DOH encouraged those with similar experiences
to share specific details through mltcworkgroup@
New York Medicaid Choice
health.state.ny.us.
1.888.401.6582 or TTY • Related to the news that eligible PDN, adult
1.888.329.1541
day health care, consumer directed personal
Monday to Friday, 8:30 am – 8:00 pm
assistance, and CHHA long term care service
Saturday, 10:00 am – 6:00 pm
recipients will begin the process of transitioning
to mandatory MLTC this month, participants on
the call questioned the process of determining
eligibility for individuals in those programs. It was
Recording of UAS-NY Overview
shared that depending on the program, eligibility will
be determined through either a retrospective look at
Webinar Available
claims data (CHHA and Adult Day Health) or looking at
prior authorizations (PDN and personal care).
The Department of Health has
• Stakeholders also inquired how “mutual households”
posted a recording of the Uniform
are to be handled under MLTC. For instance, in
Assessment System for Long Term
a household where one consumer is eligible for
Care in New York State (UAS-NY)
mandatory MLTC and one is excluded, how will the
Overview Webinar held December 14,
situation be handled? DOH responded that there is no
2012. Final modifications on the
systematic solution in place and that situations would
new assessment tool are currently
need to be resolved on a case-by-case basis. Providers
underway, with implementation
should work with the MLTC plan, CASA and HRA in
throughout the State expected to
these instances. With the MLTC transition policy in
begin this year. DOH anticipates the
New York City set to expire on March 1, 2013—which
Statewide transition to be completed
would also eliminate the requirement that MLTC plans
by Spring 2014 (HCP Insider,
reimburse the agencies they contract with at their
12/14/12).
former HRA rate—many on the call questioned whether
DOH is considering extending the policy. Kissinger said
To access the webinar recording,
that no decision has been made, and that DOH will be
click here.
assessing the outcomes of the policy and likely won’t
make a decision until March. Affected stakeholders are
To view the PowerPoint presentation
encouraged to provide their input and may do so by
from the webinar, click here.
emailing mltcworkgroup@health.state.ny.us.
Upcoming MLTC implementation conference calls will take place on a bi-weekly basis. Conference call
details and call-in information is available on the MRT website at http://www.health.ny.gov/health_care/
medicaid/redesign/supplemental_info_mrt_proposals.htm.
It was noted that while there was a hotline for consumer complaints, there is no email account. DOH
indicated that until a dedicated complaint email account is created, complaints may be emailed directly
to mltcworkgroup@health.state.ny.us with “complaint” in the subject line. Please contact Megan
Tangjerd with questions.
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LTHHCP Enrollment Remains a
Statewide Option for Now; DOH Issues
Clarification on 1915(c) LTHHCP Waiver
The Department of Health (DOH) has provided clarification
regarding continued access and services available under the
1915(c) Long Term Home Health Care Program (LTHHCP)
waiver in relation to the State’s plan for implementation of
mandatory Managed Long Term Care (MLTC).
The letter, dated December 20, 2012 and available
by clicking here, states that current LTHHCP services
to enrolled participants and enrollment of new waiver
participants will continue Statewide until Federal approval on
the State’s proposed amendments to its 1915(c) LTHHCP
waiver and the Partnership 1115 wavier is received from the
Centers of Medicare & Medicaid Services (CMS). DOH had
hoped to get approval before the close of 2012; however,
the State’s request is still pending as the new year begins.
Once the proposed waiver amendments, which were
submitted to CMS on June 13, 2013, are approved,
the State will be able to begin to “shut the door” on the
LTHHCP. At that time, new LTHHCP enrollments will cease
in counties with mandatory MLTC and current enrollees will
begin transitioning to MLTC. This process will continue as
MLTC is made mandatory in additional counties throughout
the State, as sufficient capacity is established.
HCP Managed Care Survey on Payment
Issues: Responses Needed!
A key issue identified by members of HCP’s newly established
managed care work groups is that of securing proper payment/
reimbursement from managed care organizations or managed
long term care (MLTC) plans. Many providers are already
experiencing significant cash flow issues, with more expected
as the transition moves forward.
HHS Issues Tips on Securing
Health Information on Mobile
Devices
A new educational initiative, Mobile
Devices: Know the RISKS. Take the
STEPS. PROTECT and SECURE Health
Information, has been launched by the
U.S. Department of Health and Human
Services’ (HHS) Office for Civil Rights
(OCR) and Office of the National
Coordinator for Health Information
Technology (ONC). Educational
resources for health care providers
and organizations include practical tips
on ways to protect patients’ protected
health information when using mobile
devices such as laptops, tablets, and
smart phones.
Visit www.HealthIT.gov/mobiledevices
for more information, tips, and steps
on protecting and securing health
information when using a mobile device.
Did you miss CHC’s Webinar
Regulation on Limits on
Executive Compensation &
Administrative Expenses?
This webinar is available for purchase now
in the HCP Shoppe!
To purchase this program, click here and
log in using your HCP user name and
password to get the discounted HCP
member rate.
To best address this critical issue with the Department of
Health (DOH), it is important that HCP collect as many specific
scenarios as possible to share with Department officials. The more information and details HCP can
provide, the better the chance of getting this issue on DOH’s radar as a problem requiring quick action
and thoughtful resolution.
To assist in this effort, HCP has put together a brief survey asking members to share the payment/
reimbursement/cash flow issues their agencies are experiencing.
CLICK HERE to access the survey. Please respond no later than Tuesday, January 8, 2013.
Please be as specific as possible when describing the scenarios your agency has encountered in securing
payment from managed care organizations or MLTC plans.
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Thank you in advance for your feedback. HCP will be
utilizing the responses received in meetings with DOH,
the Administration and Legislators in the coming weeks.
CMS Open Door Forum Scheduled for
January 9
Please contact Megan Tangjerd with any questions or
if you are interested in participating in one of HCP’s
managed care work groups—regulatory, payment/
reimbursement, contracting and waivers.
The next Home Health, Hospice & Durable
Medical Equipment (DME) Open Door Forum
is scheduled for Wednesday, January 9,
2013, from 2:00 – 3:00 pm ET.
IRS Proposed Regulations on
Employer Shared Responsibility
for Health Coverage Released
On January 2, 2013, the Internal Revenue
Service (IRS) moved forward with the
implementation of the employer mandate
of the Patient Protection and Accountable
Care Act (PPACA) with the release of a
proposed regulation on shared Responsibility
for Employers Regarding Health Coverage.
The proposed rule, which reiterates earlier
guidance shared last year, speaks to the
shared responsibility for employers regarding
employee health coverage and would affect
only employers that meet the definition of
“applicable large employer” as described in
these proposed regulations. The proposed
rule discusses in section X of the preamble,
that employers may rely on these proposed
regulations for guidance pending the issuance of
final regulations or other applicable guidance.
To participate, dial 1.800.837.1935 and
use conference ID 78868196.
FT/PT Nursing Leadership
Opportunities
BAYADA Home Health Care
has exciting clinical leadership
opportunities for Registered
Nurses in our Garden City, NY office. Utilize your hands-on
clinical expertise while developing management skills.
Requirements include: current NY RN license; at least 2 years
verifiable clinical experience; home care a plus; supervisory
experience a plus.
BAYADA provides nursing, rehabilitative, therapeutic, hospice,
and personal home health care services to children, adults, and
seniors in the comfort of their homes.
We offer competitive salary & benefits. To apply, please apply
on line or email your resume to Heather Ratcliffe at hratcliffe@
bayada.com. EOE.
HCP will more closely review the regulations
and work with HCP Associate members to
develop information and education that will be helpful to members as the details of the requirements are
released. Public comments on the proposed regulation are due by March 18, 2013. The proposed rule is
available on the Federal Register website at https://www.federalregister.gov/articles/2013/01/02/201231269/shared-responsibility-for-employers-regarding-health-coverage.
New York State Medicaid Update – December 2012
This week the Department of Health (DOH) released the December edition of the New York State
Medicaid Update. This edition may be accessed at http://www.health.ny.gov/health_care/medicaid/
program/update/2012/dec12mu.pdf.
Highlighted below are some of the articles of interest to the home care community.
Care at Home (CAH) III, IV and VI Care Management Providers
As previously reported, the Office for People with Developmental Disabilities (OPWDD) and the DOH
are working with the Centers for Medicare & Medicaid Services (CMS) to combine CAH III, IV and VI
into a single 1915c waiver program – OPWDD Care at Home Waiver. CMS has not yet approved the
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consolidation therefore the effective date has
changed from January 1, 2012 to April 1,
2013 (pending Federal approval).
MLN Matters
New:
The Update reports that the policy and
billing guidelines previously set forth in the
November 2012 publication (see HCP Insider,
11/29/12) remain unchanged except for a new
implementation date of April 1, 2013. CAH
III, IV and VI providers should begin billing
for OPWDD Care at Home Waiver services as
of April 1, 2013. Children who are currently
served under CAH III, CAH IV and CAH VI,
who have coverage on April 1, 2013, will
be automatically enrolled in the new waiver.
There should be no disruption in services.
Questions about the new OPWDD Care at
Home Waiver can be addressed to OPWDD,
Lynda Baum-Jakubiak at 518.474.5647, or
the Division of Program Development and
Management at 518.473.2160.
New York Medicaid EHR Incentive
Program Update
As of December 14, 2012, the New York
Medicaid Electronic Health Records (EHR)
Incentive Program has paid over $218 million in
Federal incentive funds to over 3,800 New York
State hospitals and health care practitioners.
MM8154 – Remittance Advice Remark and Claims
Adjustment Reason Code, Medicare Remit Easy
Print, and PC Print Update
http://www.cms.gov/Outreach-andEducation/Medicare-Learning-Network-MLN/
MLNMattersArticles/Downloads/MM8154.pdf
MM8135 – Quarterly Update to the Correct Coding
Initiative (CCI) Edits, Version 19.0, Effective
January 1, 2013
http://www.cms.gov/Outreach-andEducation/Medicare-Learning-Network-MLN/
MLNMattersArticles/Downloads/MM8135.pdf
MM8137 – January 2013 Integrated Outpatient
Code Editor (I/OCE) Specifications Version 14.0
http://www.cms.gov/Outreach-andEducation/Medicare-Learning-Network-MLN/
MLNMattersArticles/Downloads/MM8137.pdf
Revised:
MM8005 – Implementing the Claims-Based Data
Collection Requirement for Outpatient Therapy
Services — Section 3005(g) of the Middle Class Tax
Relief and Jobs Creation Act (MCTRJCA) of 2012
http://www.cms.gov/Outreach-andEducation/Medicare-Learning-Network-MLN/
MLNMattersArticles/Downloads/MM8005.pdf
The program is currently accepting attestations
from eligible professionals (EPs) and
eligible hospitals (EHs) for both adoption/
implementation/upgrade (in providers’ first
year of participation) and meaningful use (for providers’ second participation year). EPs have until
March 31, 2013 to attest to MEIPASS for Payment Year 2012 as their first or second participation
year. Information on revised EP participation (years one and two) are available via webinars and review
enhancements recently made in the MEIPASS application.
Eligible providers interested in registering for the New York Medicaid EHR Incentive Program should
visit https://www.emedny.org/meipass/ or attend one of the information webinars hosted by the DOH
throughout the month of January. Eligibility requirements include being enrolled as a fee-for-service
Medicaid provider, having an active ePACES login, and calculating Medicaid eligibility requirements.
eMedNY Website to get Facelift
During the month of January, DOH and Computer Sciences Corporation (CSC) will implement changes
to the eMedNY website (www.emedny.org). The changes are mostly cosmetic, but DOH and CSC
welcome feedback on the new format and suggestions for additional enhancements to the eMedNY
website. Please use the contact form located at https://www.emedny.org/contacts/emedny.aspx.
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CSC Training Schedule and Registration
Computer Sciences Corporation (CSC) offers
free in-person or webinar training sessions
for providers and their staff that includes
information for claim submission, Medicaid
Eligibility Verification, and the eMedNY website.
For information on programs visit http://
emedny.org/training/index.aspx or contact the
eMedNY Call Center at 800.343.9000.
Fiscal Cliff Spares Home Care;
Addresses Physician Cut;
Sequestration Still to Come
Director of Patient
Care Services
Sunnyside Citywide Home Care Services,
Inc./Sunnyside Home Care Project, Inc. seeks a
Director of Patient Care Services responsible for the
administration of all client services. In the absence of
the Associate Executive Director for Home Care, this
positon will have overall administrative and clinical
responsibility of two home care programs and will
be responsible for the administrative management
under the Department of Aging (DFTA). Registered
Nurse with management experience and home care
background preferred. Send resume and cover letter to
M. Vitale, HR Director mvitale@scsny.org, or fax to
(718) 706-2475. Equal Opportunity Employer.
The legislation passed by Congress and signed
into law by President Obama this week, which
averted the economic consequences of the
“fiscal cliff” by stopping income tax increases and delaying across-the-board spending cuts, did have
some changes to address health care issues, but essentially left Medicare home health alone.
As reported by the National Association for Home Care & Hospice (NAHC), in addition to the tax issues
addressed, the bill includes the Medicare “doc fix” which saves physicians who treat Medicare patients
from a 27.5% cut in their payments for another year. The cost of the “doc fix” will not affect home care
or hospice. Other Medicare providers, particularly hospitals, face various payment reductions that will be
used to cover the increased spending on physician services, including a $10.5 billion “coding adjustment”
that will be in effect from 2014 through 2018 and is intended to recoup past over-billing by hospitals.
In the short term, the health care provider industry was not directly affected by the enacted legislation,
however the deal only delayed the automatic spending cuts known as the sequester for two months. A
comprehensive plan to replace the sequester and reduce the deficit will need to include new revenue in
addition to spending cuts. Congress will need to raise the Federal debt ceiling so that government can
keep paying its bills. Scrutiny of the Medicare and Medicaid programs and reductions in payments will
continue to be on the table and will be the subject of significant advocacy efforts on the part of HCP and
other home care organizations throughout the country in the coming year.
DOH Issues DAL on Hurricane Sandy Respiratory Health and Related
Illness Information
On December 12, 2012, a Dear Administrator Letter (DAL: DHCBS 12-07 Subject: Respiratory
Health and Related Illness in Areas Impacted by Hurricane Sandy) was sent to home care and hospice
administrators and provided information on respiratory health and related illness and on influenza
vaccinations.
The letter, from Division of Home and Community Based Services Director, Rebecca Fuller Gray, notes
that the information in the Provider Health Advisory, Respiratory Health and Related Illness in Areas
Impacted By Hurricane Sandy, was posted on the Health Commerce System on December 5, 2012, and
should be shared with all staff and patients (see HCP Insider, 12/7/12).
The DAL notes that home care and hospice providers should pay particular attention to the potential
exposure to mold for both patients and staff that are providing services or residing in areas impacted by
the storm. In cases where patients and families continue to use generators or alternative power sources
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to power and heat their homes, patients and staff
should be aware of the danger of carbon monoxide
poisoning (see HCP Insider, 11/9/12).
HCP Chapter Public Policy Briefings
The letter also stresses that DOH Commissioner Shah
reminds New Yorkers who have not been vaccinated
for influenza that it is not too late to get their annual
vaccination and that health care providers and local
health departments continue to have ample supplies of
flu vaccine.
HCP staff is currently scheduling public
policy briefings with HCP Chapters during
February.
Administrators are urged to encourage staff and patients
to obtain the influenza and the pneumococcal vaccines
and that all health care workers should be vaccinated
against influenza and other communicable disease to
protect their health and the health of their patients.
Hudson Valley Chapter
Thursday morning, February 7 (time TBD)
Location: The Esplanade, White Plains
Contact: Chapter President Geri Brooks, 914.681.1285
Emergency Rule Consolidates
MMC Regs
The following Chapter has confirmed its
meeting:
Further details on other Chapter briefings will
be provided as dates, times and locations are
confirmed.
Please contact Megan Tangjerd with any
questions.
As part of the cost saving actions recommended by
the Medicaid Redesign Team, an emergency rule has
been proposed by the Department of Health (DOH) that will repeal old and outdated regulations and
consolidate all managed care regulations to make them consistent with statute.
The proposed regulations reflect current program practices and requirements, consolidate all managed
care regulations in one place, and conform the regulations to the provisions of Social Services Law
section 364-j. The proposed regulations identify the individuals required to enroll in Medicaid managed
care (MMC) and identify the populations that are exempt or excluded from enrollment.
The proposed regulations also contain provisions, which apply to both the Medicaid manage care and
the Family Health Plus programs, specifying good cause criteria for an enrollee to change managed care
organizations (MCOs) or to change their primary care provider, explaining enrollees’ rights to challenge
actions of the MCO or social services district through the fair hearing process, establishing marketing/
outreach guidelines for MCOs, and identifying unacceptable practices and sanctions for MCOs that
engage in them. DOH intends to adopt this emergency rule as a permanent rule and will publish a notice
of the proposed rule making at a future date. A copy of the emergency rule can be found at http://docs.
dos.ny.gov/info/register/2013/jan2/pdf/rulemaking.pdf. The emergency rule will expire March 17, 2013.
Early Bird
Deadline
Extended to
January 11!
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Webinar
“Alternative Sanctions” Against Home
Care Agencies for Survey Deficiencies
Thursday, January 24, 2013
3:00 – 4:30 pm ET
**1-1/2 Contact Hours Offered**
The Centers for Medicare and Medicaid Services (“CMS”) issued a
final rule that will implement, for the first time, a range of alternative
sanctions against home health agencies (“HHAs”) found to have
deficiencies constituting noncompliance with Medicare conditions of
participation (“COPs”).
Who Should Attend




Chief Operating Officers
Directors of Patient Services
Registered Nurses
Administrators
This webinar will cover the following:
 Informal Dispute Resolution
 The Alternative Sanctions
 What Are the Alternative Sanctions and How Do They Work?
o
o
o
o
o
o
Suspension of Payment for all New Patient Admissions
and New Payment Episodes
Directed Plans of Correction
Directed In-Service Training
Temporary Management
Some Basic Rules You Need to Know About Alternative
Sanctions
Factors CMS Considered in Selecting Alternative
Sanctions
 Provider Appeals of Sanctions Imposed For Noncompliance
 Lessons from the SNF World
 CMS Next Steps & Monetary Penalties This program is presented by the Association for Home & Hospice
Care of North Carolina in partnership with Community Health Care
Services Foundation, Inc. (CHC). New York State providers will
benefit from this presentation, while understanding that New York
State laws and regulations may differ from the information included
in this presentation. CHC customers outside of New York State
and North Carolina are advised to adhere to all pertinent state and
local laws.
Presenter
Kenneth L. Burgess, JD, Poyner Spruill, serves as
the head of the firm’s extensive Health Law Section.
Mr. Burgess is a frequent national lecturer and author
of industry manuals, national trade journal magazine
articles and similar training tools. He serves Poyner
Spruill clients by focusing on legal issues impacting
the health services sector. In this role he has advised
clients on licensure, certification, survey, fraud and
abuse, operations, risk management, certificate of
need and business issues.
His past experience includes serving as Senior
Counsel to the national long term care trade
association in Washington, D.C., where he was
responsible for administering the Association’s legal
assistance fund litigation, and overseeing all
regulatory, facility operations, and clinical staff of the
association.
Nurse Contact Hours Protocol
One and one-half contact (1½) hours are available for this webinar.
A facilitator from each participating agency will be responsible for copying and distributing the materials, which will be
attached to your confirmation, to the participants and ensuring that each participant requesting contact hours prints their
name on the roster.
Participants must remain on the webinar until its conclusion. At the conclusion of the webinar, the facilitator will be
responsible for collecting the evaluations and rosters and returning them to this office.
There must be an evaluation for each name on the roster. Certificates of completion will be emailed to each agency
facilitator once the evaluations and rosters have been received.
The Association for Home and Hospice Care of NC is an approved provider of continuing nursing education by the North Carolina Nurses
Association, an accredited approver by the American Nurses Credentialing Center’s Commission on Accreditation.
“Alternative Sanctions” Against Home Care
Agencies for Survey Deficiencies
Webinar
Presented by:
Kenneth L. Burgess, JD
Thursday, January 24, 2013
****3:00 pm to 4:30 pm ET****
THREE SIMPLE WAYS TO REGISTER
BE SURE TO INCLUDE ALL INFORMATION REQUESTED BELOW:
1. Register Secure On-line at: www.chcfoundation.org
2. Fax this completed form below to 518.463.1606
3. Mail completed form and payment to CHC, 20 Corporate Woods Blvd., 2nd Floor, Albany, NY 12211
Payment must be received in full in advance.
Please register by Thursday, January 17 to ensure that you receive e-mailed confirmation details.
Please type or print legibly all information below.
Agency:
Contact Person:
Agency Facilitator for Nurse Contact Hours:
Address:
City/State/Zip Code:
Phone:
Fax:
(
(
)
)
E-mail (mandatory field):
Number of Participants Expected to Attend from your Agency:
THIS PROGRAM WILL BE AVAILABLE AS A LIVE PROGRAM, LIVE PROGRAM WITH A DVD, OR AS A DVD
WITH HANDOUTS ONLY. NURSE CONTACT HOURS ARE NOT AVAILABLE FOR PURCHASES OF THE
DVD/HANDOUT PROGRAM.
Registration Fees
This fee includes one dial-in connection.
Additional fees will be charged if there are
multiple dial-ins. Cancellations received five
days prior to the event will receive a refund,
less a $50 administrative fee. No refunds will
be made after that date. There are no
refunds for no-shows.
HCP Chapter Members:
 Live Program-$179  Live Program w/DVD-$209  DVD & Handouts Only-$179
HCP Members:
 Live Program-$189  Live Program w/DVD-$219  DVD & Handouts Only-$189
Non-Members:
 Live Program-$279  Live Program w/DVD-$309  DVD & Handouts Only-$279
PAYMENT METHOD
[__] Check (payable to CHC)
[__] VISA
[__] MasterCard
0124133000
[__] Discover
Cardholder’s name (print) ____________________________________________________________________________
Card Number________/________/_________/_________3-4 Digit Security Code _______ Exp. Date ______________
Cardholder Signature__________________________________________________________________
nd
CHC, 20 Corporate Woods Blvd., 2 Floor, Albany, NY 12211 www.chcfoundation.org
CHC is a non-profit affiliate organization of the New York State Association of Health Care Providers, Inc. (HCP)