As of this writing (November 12), the Committee has not announced the names of the invited witnesses. Names have been mentioned by inside observers, including someone from the Elder Justice Coalition, to which LeadingAge belongs, and a lead witness from the Altarum Institute. Another unconfirmed witness may be from the Long-Term Care Community Coalition.

LeadingAge welcomes this focus on a topic that will only become increasingly important as the population of the nation continues to age. We are glad to see federal policy makers seeking more information on the challenges providers and consumers/family members face and even more important, solutions to these challenges.

LeadingAge will submit written testimony to the Committee on behalf of members. We will address the continuum of services provided by our members and the challenges providers face in carrying out their mission. Information provided by thousands of members in Town Halls across the nation will be included and our policy priorities will be summarized.

We also plan to spell out some solutions to the complex problems faced by our members and by individuals and their family members who are seeking care. LeadingAge believes solutions are possible and welcomes this opportunity to spell out the big challenges we face as a field and the bold solutions that Congress can consider.

Members who want to submit their own testimony are encouraged to do so. Details about how to submit testimony are here . Testimony must be submitted by the close of business on Friday, November 29.

Intro: 

House Ways and Means Committee Chair, Richard Neal, announced on November 7 that the Committee will hold a hearing on “Caring for Aging Americans” on Thursday, November 14.

News Type: 
News Areas: 
Author: 
Ruth Katz
Members Only: 

As of this writing (November 12), the Committee has not announced the names of the invited witnesses. Names have been mentioned by inside observers, including someone from the Elder Justice Coalition, to which LeadingAge belongs, and a lead witness from the Altarum Institute. Another unconfirmed witness may be from the Long-Term Care Community Coalition.

LeadingAge welcomes this focus on a topic that will only become increasingly important as the population of the nation continues to age. We are glad to see federal policy makers seeking more information on the challenges providers and consumers/family members face and even more important, solutions to these challenges.

LeadingAge will submit written testimony to the Committee on behalf of members. We will address the continuum of services provided by our members and the challenges providers face in carrying out their mission. Information provided by thousands of members in Town Halls across the nation will be included and our policy priorities will be summarized.

We also plan to spell out some solutions to the complex problems faced by our members and by individuals and their family members who are seeking care. LeadingAge believes solutions are possible and welcomes this opportunity to spell out the big challenges we face as a field and the bold solutions that Congress can consider.

Members who want to submit their own testimony are encouraged to do so. Details about how to submit testimony are here . Testimony must be submitted by the close of business on Friday, November 29.

Intro: 

House Ways and Means Committee Chair, Richard Neal, announced on November 7 that the Committee will hold a hearing on “Caring for Aging Americans” on Thursday, November 14.

News Type: 
News Areas: 
Author: 
Ruth Katz
Members Only: 

Palliative Care Education and Training Act (H.R. 687/S.2080)

On October 28th, the House of Representatives passed PCHETA which was introduced by Rep. Eliot Engel in January and had amassed 294 bipartisan co-sponsors. The goal of PCHETA is to focus on the expansion of the training available for the hospice and palliative care workforce to assuage the pending workforce crisis in specialty palliative care. Some key aspects of the legislation are:

Palliative Care and Hospice Education Centers

The creation of palliative care and hospice education centers to improve the training of interdisciplinary health professionals in palliative care, develop and disseminate palliative care curricula, supporting continuing education, provide students with opportunities for clinical training at a variety of appropriate sites of care (including hospital, hospice, home, and long-term care settings), and support the training and retraining of faculty.

Additionally, fellowship programs would be developed within the education centers to provide short-term, intensive training on palliative care and hospice. The fellowships aim to provide supplemental training for faculty members in medical schools and other health professions schools (including pharmacy, social work, nursing, and chaplaincy) so that providers without formal training in palliative care can enhance their knowledge and skills for the care of individuals with serious or life-threatening illness as well as enhance their interdisciplinary teaching skills.

Training

PCHETA would allow for increased physician training through grants or contracts to schools of medicine, teaching hospitals, and graduate medical education to train physicians who plan to teach palliative medicine. Additionally, PCHETA creates special preferences in existing nurse education law for hospice and palliative nursing in the areas of education, practice, and quality grants, workforce development, and nurse retention projects.

Research and Awareness

PCHETA provides for the establishment of a national campaign to inform patients, families, and health professionals about the benefits of palliative care and services available to support patients with serious or life-threatening illnesses. PCHETA also directs the National Institutes of Health (NIH) to expand palliative care research with the goals of advancing clinical practice and improving care delivery.

PCHETA’s goals are very much aligned with LeadingAge’s overall efforts around the workforce. Specialty palliative care is looking at a “workforce valley” if no policy action is taken – i.e. a major shortage in qualified workforce to take care of a growing population in need of specialty palliative care services. This trend is consistent with findings and recommendations from LeadingAge’s Center for Workforce Solutions concerning the imperative to take policy actions to enhance the number of and retain workers in aging services overall. We will continue to monitor and support its progress through the Senate (S.2080) where the bill currently has 35 bipartisan co-sponsors.

Hospice Care Improvement Act of 2019 (S. 2807) 

The Hospice Care Improvement Act of 2019 was introduced on November 7th by Senators Portman (R-OH) and Cardin (D-MD). Both Senators serve on the Senate Finance Committee which has jurisdiction over the Medicare Hospice Benefit.

The legislation was written in response to the July 2019 Office of the Inspector General reports on the Medicare Hospice Benefit: Hospice Deficiencies Pose Risks to Medicare Beneficiaries and Safeguards Must Be Strengthened to Protect Medicare Beneficiaries From Harm. The reports were met with intense media coverage that led to a response from Congress. The House Ways and Means Committee which has jurisdiction over hospice responded with a bipartisan letter to CMS Administrator Verma demanding more information to build on the content of the reports.

Senators Portman and Cardin worked collaboratively with the hospice community, including LeadingAge, LeadingAge Ohio, and LeadingAge Maryland, in the development of this legislation. If enacted, the legislation would implement new rules for oversight and transparency, including public reporting of hospice survey results, providing education to hospices and surveyors related to quality issues, and establishing penalties for providers that have a track record of poor quality or instances of abuse or neglect.

LeadingAge specifically worked with the Senate offices on provisions related to a more targeted approach to displaying data on Hospice Compare, requiring stakeholder consultation regarding what information goes on Hospice Compare, and a provision requiring joint training and education of hospices, state and local survey agencies, and approved accreditation agencies. LeadingAge also is engaged in ongoing discussions on what “alternative sanctions” will look like in the hospice space given our breadth of experience.

A companion bill in the House is expected shortly and LeadingAge continues to engage with members in both chambers on this important issue.

Intro: 

The Palliative Care and Hospice Education and Training Act (PCHETA) passed the House (H.R. 687) on October 28th, 2019 and the Hospice Care Improvement Act of 2019 (S.2807) was introduced in the Senate on November 7th, 2019.

News Type: 
Provider Type (If Any): 
Hospice
Author: 
Mollie Gurian
Members Only: 

LeadingAge joins with more than 100 organizations who are in support of the Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2019 (S. 2741) introduced by members of the Congressional Telehealth Caucus. The bipartisan legislation would promote the availability of telehealth, the use of technology services through the Medicare program, and improve care.

On April 1, 2019, LeadingAge, submitted recommendations to the Congressional Telehealth Caucus, as they began to craft comprehensive telehealth legislation for the 116th Congress.  Specifically, we advocated for two LeadingAge Center for Aging Services Technology (CAST) demonstrations that focused on testing new delivery models that address older adults in SNFs and improved health outcomes among Medicare beneficiaries living in the community in home-based settings. The Congressional Telehealth Caucus “appreciated our insightful comments and took them into consideration as they developed a revised CONNECT for Health Act.” The CONNECT for Health Act of 2019 builds on the progress made in recent years to increase the use of telehealth through Medicare. Specifically, the legislation would:

  • Provide the Secretary of Health and Human Services (HHS) with the authority to waive telehealth restrictions when necessary. Also, remove the geographic restrictions to allow all federally qualified health centers and rural health clinics to be originating sites.
  • Expand the use of telehealth for mental health services, to include the home as an originating site to administer the services.
  • Require a study on how different payers can allow the home to be an originating site under Medicare for telehealth services, and the types of services and professionals that would be suitable.
  • Encourage the Center for Medicare and Medicaid Innovation (CMMI) to test models to examine the use of telehealth under the Medicare program. Also, authorize CMMI to allow additional health professionals to furnish telehealth services.
  • Remove the geographic restrictions to allow emergency medical care services that are furnished through telehealth to beneficiaries in a SNF, a hospital or critical access hospital.
  • Allow for the use of telehealth in recertification for hospice care, which aligns with the allowable use of telehealth for the face-to-face evaluation for the home health benefit.

LeadingAge will continue to work with the Congressional Telehealth Caucus on federal policies to promote the availability and use of technology and telehealth services in our field.

Intro: 

CONNECT for Health Act of 2019 reflects several improvements identified in LeadingAge Center for Aging Services Technologies (CAST) demonstrations, focused on testing new delivery models in the Medicare program that address older adults in skilled nursing facilities (SNFs) and expand access to telehealth services and remote monitoring.

 

News Type: 
News Areas: 
Author: 
Andrea Price-Carter
Members Only: 

LeadingAge joins with more than 100 organizations who are in support of the Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2019 (S. 2741) introduced by members of the Congressional Telehealth Caucus. The bipartisan legislation would promote the availability of telehealth, the use of technology services through the Medicare program, and improve care.

On April 1, 2019, LeadingAge, submitted recommendations to the Congressional Telehealth Caucus, as they began to craft comprehensive telehealth legislation for the 116th Congress.  Specifically, we advocated for two LeadingAge Center for Aging Services Technology (CAST) demonstrations that focused on testing new delivery models that address older adults in SNFs and improved health outcomes among Medicare beneficiaries living in the community in home-based settings. The Congressional Telehealth Caucus “appreciated our insightful comments and took them into consideration as they developed a revised CONNECT for Health Act.” The CONNECT for Health Act of 2019 builds on the progress made in recent years to increase the use of telehealth through Medicare. Specifically, the legislation would:

  • Provide the Secretary of Health and Human Services (HHS) with the authority to waive telehealth restrictions when necessary. Also, remove the geographic restrictions to allow all federally qualified health centers and rural health clinics to be originating sites.
  • Expand the use of telehealth for mental health services, to include the home as an originating site to administer the services.
  • Require a study on how different payers can allow the home to be an originating site under Medicare for telehealth services, and the types of services and professionals that would be suitable.
  • Encourage the Center for Medicare and Medicaid Innovation (CMMI) to test models to examine the use of telehealth under the Medicare program. Also, authorize CMMI to allow additional health professionals to furnish telehealth services.
  • Remove the geographic restrictions to allow emergency medical care services that are furnished through telehealth to beneficiaries in a SNF, a hospital or critical access hospital.
  • Allow for the use of telehealth in recertification for hospice care, which aligns with the allowable use of telehealth for the face-to-face evaluation for the home health benefit.

LeadingAge will continue to work with the Congressional Telehealth Caucus on federal policies to promote the availability and use of technology and telehealth services in our field.

Intro: 

CONNECT for Health Act of 2019 reflects several improvements identified in LeadingAge Center for Aging Services Technologies (CAST) demonstrations, focused on testing new delivery models in the Medicare program that address older adults in skilled nursing facilities (SNFs) and expand access to telehealth services and remote monitoring.

 

News Type: 
News Areas: 
Author: 
Andrea Price-Carter
Members Only: 

LeadingAge regularly meets with congressional staff on capitol hill to educate them on issues important to our members. We review legislation when it is introduced and closely monitor bills that are relevant to our members. The Federal Legislation tracker is located under the policy section of the website. The tracker provides the following information on each introduced legislation:

  • Date it was introduced
  • Bill name and number 
  • Link to the direct text
  • The sponsor
  • Current status and,
  • A short summary

The status is updated when there’s an action taken on the bill.

Members will be asked occasionally to reach out to their representatives when there’s a time sensitive legislation, please visit LeadingAge’s Advocacy Action Center to see how you can take action. Please contact us if you have any questions.

Intro: 

LeadingAge is pleased to introduce the Federal Legislation Tracker which helps members find important legislation we are monitoring.

News Type: 
News Areas: 
Author: 
Eram Abbasi
Members Only: 

LeadingAge regularly meets with congressional staff on capitol hill to educate them on issues important to our members. We review legislation when it is introduced and closely monitor bills that are relevant to our members. The Federal Legislation tracker is located under the policy section of the website. The tracker provides the following information on each introduced legislation:

  • Date it was introduced
  • Bill name and number 
  • Link to the direct text
  • The sponsor
  • Current status and,
  • A short summary

The status is updated when there’s an action taken on the bill.

Members will be asked occasionally to reach out to their representatives when there’s a time sensitive legislation, please visit LeadingAge’s Advocacy Action Center to see how you can take action. Please contact us if you have any questions.

Intro: 

LeadingAge is pleased to introduce the Federal Legislation Tracker which helps members find important legislation we are monitoring.

News Type: 
News Areas: 
Author: 
Eram Abbasi
Members Only: 

Offered Solutions to Strengthen the LTSS Workforce

It’s going to take a full-court press to make sure we have a qualified workforce to provide services and supports to the growing number of older adults. And a full-court press is exactly what LeadingAge brought to the workforce crisis during October.

Educating Young People: In addition to offering 18 workforce-related conference sessions, LeadingAge made it possible for close to 70 college students to attend the 2019 Annual Meeting. We hope the experience helped build awareness of our field among these young people so they will pursue careers with LeadingAge member organizations.

Proposing Bold Policies: Just before leaving for San Diego, we proposed a bold set of policy recommendations aimed at engaging foreign-born workers in our efforts to strengthen the long-term services and supports (LTSS) workforce. LeadingAge staff and members will work hard to disseminate IMAGINE: International Migration of Aging and Geriatric Workers in Response to the Needs of Elders to members of Congress so we can build awareness about our workforce crisis and garner support for this potential—and partial—solution.

Offering Recruitment Resources: Our Center for Workforce Solutions released an extensive set of tools and resources geared to help you recruit workers to your organization. Our special “Recruitment Tools” website includes myriad resources to help you:

In addition, the Recruitment Tools website includes 33 mini-podcasts featuring a variety of individuals—displaced workers, immigrants and refugees, men, older adults, veterans, and people in second careers—who explain why they chose to work in our field.

Wrote 2 Letters to Seema Verma

Red Hand Icon: On Oct. 8, LeadingAge mounted a campaign to halt the red hand icon that CMS has started attaching to the Nursing Home Compare profiles of nursing homes cited for abuse. The LeadingAge campaign emphasizes that abuse and poor-quality care cannot be tolerated or excused. But it also maintains that the CMS icon will neither increase transparency nor help consumers pick the right nursing home for themselves or a family member.

In an Oct. 14 letter to Seema Verma, administrator of the Centers for Medicare & Medicaid Services (CMS), LeadingAge President and CEO Katie Smith Sloan urged CMS to continue its efforts to make Nursing Home Compare more intuitively useful and less complicated for consumers. But she concluded that “adding this ‘red alert’ warning system is a step in the wrong direction.”

In an Oct. 8 statement and an Oct. 21 blog post in McKnight’s Long-Term Care News, Sloan urged CMS to “fix the survey system before we start adding this warning sign.” LeadingAge also issued an action alert and disseminated talking points explaining the dangers the icon poses for consumers and providers. To date, more than 2,000 people have sent letters to CMS expressing their concern.

Requirements of Participation: In a second letter to Verma on Oct. 18, Sloan expressed concern about the lack of timely guidance from CMS on Phase III of the Requirements of Participation (RoPs), and asked CMS to extend the Nov. 28 RoPs deadline.

“We have made every effort to help our members prepare for Phase III,” she wrote. “Our members have put substantial effort into planning and compliance. But without the specifics of compliance from CMS, both providers and surveyors are working in the dark.”

Advocated With HUD and CMMI

HUD: We submitted comments opposing a move by the U.S. Department of Housing and Urban Development (HUD) to revise the disparate impact standard under the Fair Housing Act. We pointed out that HUD’s proposal would make it hard for residents and applicants to prove discrimination, and for developers to challenge zoning rules when they encounter resistance to local construction efforts.

CMMI: During a meeting with key staff of the Center for Medicare & Medicaid Innovation (CMMI), LeadingAge and 4 partners—American Medical Rehabilitation Providers Association, American Health Care Association, National Association of Home Care and Hospice, and National Association of Long Term Hospitals—presented our individual and shared perspectives on future alternative payment models.

Created Resources for You

LeadingAge released a variety of helpful materials for you in October:

Intro: 

In addition to preparing for our successful 2019 Annual Meeting & EXPO, which brought more than 8,000 providers and other attendees to San Diego, LeadingAge made waves on several fronts in October. Here’s an overview of our work for you in the last month.

News Type: 
Provider Type (If Any): 
Nursing Home Quality
Nursing Homes
Author: 
Geralyn Magan
Members Only: 

The Senate passed its fiscal year 2020 HUD appropriations bill on October 31. The House passed its HUD FY20 appropriations bill in June. The two bills must be reconciled. Before the two can be reconciled, House and Senate Appropriations Committees must agree on spending limits for each of the 12 subcommittees, including the one that funds HUD. Without this subcommittee allocation agreement, the enactment of a final bill cannot occur.

The Senate’s bill is written under funding caps agreed to by the House, Senate and White House after the House’s HUD bill was passed. Because of the caps, the Senate has about $34 billion less in overall spending (across all the appropriations subcommittees) than the House bill does. The Senate’s HUD appropriations bill (which also includes funding for the Department of Transportation) is $5 billion below the House’s Transportation-HUD bill for FY20. For example, the Senate bill does not provide any funds for new Section 202 homes; the House bill provides $140 million. LeadingAge housing advocates are urging $600 million for new Section 202 homes in FY20.

Besides a lack of consensus on how to allocate funding among the 12 subcommittees, whether funding for a border wall should be included in an FY20 appropriations bill is a major area of disagreement. Funding for a border wall triggered the 2018 – 2019 longest-ever partial government shutdown.

Federal programs, like those funded by HUD, are now operating under a Continuing Resolution until November 21. Under the CR, programs are funded at FY19 levels for the duration of the CR. It’s likely the CR will be extended until December 20.

Intro: 

The Senate passed its fiscal year 2020 HUD appropriations bill on October 31.

News Type: 
News Areas: 
Provider Type (If Any): 
HUD
Senior Housing
Subsidized Housing
Author: 
Linda Couch
Members Only: 

Payment Update and PDGM

This final rule delivers on a number of statutory imperatives from the Bipartisan Budget Act of 2018. They include:

  1. Implementation of the Patient-Driven Groupings Model (PDGM) which is an alternate case-mix adjustment methodology with a 30-day unit of payment
  2. An aggregate Medicare payment increase to home health agencies (HHAs) in CY 2020 of 1.3%, or $250 million, which reflects the effects of the 1.5% home health payment update ($290 million increase) and a 0.2% aggregate decrease (-$40 million) in payments to HHAs due to the changes in the rural add-on percentages
  3. Rate updates also include an adjustment to the CY 2020 30-day payment amount to offset CMS’ assumptions of provider behavior changes upon implementation of the PDGM

Possibly the most important change from the proposed rule to the final rule is the reduction of the impact of the behavior assumption adjustments from -8.01% in the proposed rule down to -4.36% in the final rule with a 30-day payment amount of $1,864.03. This is a positive development and a reflection that CMS took into account the concerns of LeadingAge and our partners in the home health stakeholder community. The reason provided is that the effects observed with the transition to MS-DRGs in the hospital payment system in 2008 were about half of the assumed behavior change expected by CMS. That coupled with recognition of the magnitude of the changes happening concurrently in the home health provider community has resulted in this scaled-back adjustment.

However, we still believe that payment adjustments ought to be based on observed behavior as opposed to assumptions and continue to advocate for the bipartisan, bicameral Home Health Payment Innovation Act (S.433/ H.R.2573) legislation that would remove the behavior assumption adjustment entirely for CY 2020. We urge you to continue voicing your support for the legislation with your elected officials. The bills have been gaining cosponsors which is a positive sign but your voice is critical to have CY 2020 rates reflect the true PDGM design, not behavior assumptions.

Requests for Anticipated Payment (RAP)

Another area of concern from the comments that LeadingAge submitted in tandem with our colleagues representing ElevatingHome and the Visiting Nurse Associations of America (VNAA) was the plan to phase out and ultimately remove RAP payments. In the final rule, CMS will reduce the split-percentage payment amount, paid in response to a Request for Anticipated Payment (RAP), to 20% for existing HHAs beginning in CY 2020 with elimination of split-percentage payments for all HHAs in CY 2021. For CY 2021, there will be no up-front payment made in response to a RAP; however, RAPs will still be submitted by all HHAs every 30 days to alert the claims processing system that a beneficiary is under a home health period of care. Additionally, HHAs must submit the zero-pay RAP within 5 calendar days of each 30-day period or be subject to a late penalty. As a consolation in CY 2021, CMS plans on reducing administrative burden by streamlining the information required in order to submit the RAP.

Therapist Assistants Providing Maintenance Therapy

LeadingAge supported the proposal to allow therapist assistants to perform maintenance therapy services. We encourage CMS to continue to identify barriers to patient care created by artificial limits on the scope of practice of all home care professionals. In the final rule, CMS is modifying current regulations to allow therapist assistants to perform maintenance therapy under the Medicare home health benefit in accordance with individual state practice requirements. This is consistent with the skilled nursing facility setting which is helpful for LeadingAge members, many of whom operate in several service lines, to have consistent policies to the extent allowed in regulation.

Home Health Value-Based Purchasing (HHVBP) Model

As a general principle, we support transparency efforts across the spectrum of health care services. Transparency is key to the transfer and adaption of knowledge, the critical step in all quality improvement efforts. We encourage CMS to continue to develop and share quality data in partnership with organizations providing services and beneficiaries who rely on those services.

The proposal to publicly report the Total Performance Scores (TPS) and TPS Percentile Ranking from the Performance Year 5 (CY 2020) Annual TPS and Payment Adjustment Report (Annual Report) for each HHA in the nine Model states that qualified for a payment adjustment for CY 2020 is included in the final rule. CMS expects that these data would be made public after December 1, 2021, the date they intend to complete the CY 2020 Annual Report appeals process and issuance of the final Annual Report to each HHA.

Updates to the Home Health Quality Reporting Program (HH QRP)

From the vantage point of our submitted comments, there are both positives and negatives to take away from the changes included in the final rule. We supported the adoption of the two new measures “Transfer of Health Information to Providers of Post-Acute Care” and “Transfer of Health Information to Patient Post-Acute Care” that are designed to improve patient safety by ensuring that the patient’s medication list is provided to a provider and the patient as part of the discharge process. Both are included in the final rule.

We strongly opposed the removal of pain measures from the HH QRP and Home Health CAHPS survey. While we anticipated CMS would remove the measures from the QRP as they did earlier in the year with the skilled nursing final rule, we take encouragement that they heeded comments from LeadingAge and others in response to stakeholder feedback about the importance of monitoring pain in home health care settings and the concerns raised that the removal would impact the validity of the survey. CMS is not removing Question 10, “In the last 2 months of care, did you and a home health provider from this agency talk about pain,” from the Home Health CAHPS survey.

Intro: 

On October 31, the Centers for Medicare and Medicaid Services (CMS) released the calendar year (CY) 2020 home health final rule detailing changes to Medicare payment and policy effective on January 1, 2020. It is scheduled to be officially published in the Federal Register on November 8, 2019.

News Type: 
News Areas: 
Provider Type (If Any): 
Home Care
Home Health
Members Only: 

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