Member Resources

Last week David B. Wilson, a Partner at Hirsch Roberts Weinstein (HRW), presented a webinar on Marijuana in the Workplace: Navigating the Potholes for Mass Senior Care members. This webinar is now available for viewing on the Mass Senior Care website, click here to access the webinar. In addition, HRW prepared a Client Alert that discusses a Drug Free Workplace and Employee Drug Testing.

The Improving Medicare Post-Acute Care Transformation of 2014 ( IMPACT Act) requires the reporting of standardized patient assessment data by Post-Acute Care (PAC) providers, including skilled nursing facilities, home health agencies, inpatient rehabilitation facilities, and long-term care hospitals. During this call, CMS experts will discuss goals, requirements, progress to date, and key milestones for 2017. A question and answer session follows the presentation. This call is scheduled for Thursday, February 23 from 1:30 to 3 pm ET. To register or

Mass Senior Care Association seeks members to join newly established and existing policy committees. These committees provide unique ways for Mass Senior Care members to involve themselves in specialized areas of interest and expertise as well as learn from fellow colleagues and advance public policy affecting the long term care community. Committee participation is for facility members only. Please view descriptions of each committee by clicking here. If you are interested in participating, please complete the form using the following

On February 8, 2017, MassHealth posted two links on its website in regard to the Nursing Facility Direct Care Add On Program: (1) FAQ Document and (2) Registration Form for Nursing Facility Contact Person. To access these two documents, go to the MassHealth Provider Forms Webpage and scroll down to the section labelled "Long Term Care – Nursing Facility." SFY 2017 Nursing Facility Direct Care Add on FAQ MassHealth has posted a detailed document providing answers to frequently asked questions

Mass Senior Care Association is reinstating quarterly meetings for the Human Resources (HR) Group, as detailed in the 2017 HR Group Meeting Schedule. Please contact Carolyn Blanks directly if there are specific topics and/or speakers you would like to see featured at future meetings. We look forward to seeing members at our first 2017 HR meeting on Friday, March 3, 2017. Please note that attendance at Mass Senior Care HR meetings is limited to Mass Senior Care facility members and

On January 24, 2017, the Department of Public Health (DPH) released Circular Letter 17-1-668 Implementation of the STEP Law: Voluntary Non-Opioid Directive Form. The purpose of this Circular Letter is to provide guidance regarding Voluntary Non-Opioid Directives as established in Chapter 52 of the Acts of 2016, an act relative to substance use, treatment, education and prevention (“the STEP Act”). The STEP Act sets out a process enabling individuals to decline in advance any treatment option that includes opioids. The

The Massachusetts Department of Public Health’s Determination of Need (DoN) Office has issued a notice regarding the implementation of the new DoN regulations, which took effect on January 27, 2017. The DoN office notes that it is fine-tuning the application form and process, to convert the current two part Application into a merged document to make the filing simpler. On February 28th, the DoN Office will be hosting an informational briefing, please see article below for registration details. If you

The Department of Public Health has released revised Circular Letter: DHCQ 17-2-699 Informed Written Consent for Use of Psychotropic Medications in Long-Term Care Facilities. These revisions address some of the concerns raised by Mass Senior Care to DPH after issuance of the Department's original circular letter last year. The purpose of the letter is to revise, update and replace the policies and guidance published in the February 1, 2016 Circular Letter: DHCQ 16-2-653. This revision includes: Clarification that verbal consent

Please Call and Ask Your State Legislators to Co-Sponsor HD.2510/SD. 977, Nursing Home Stabilization Legislation WE NEED 100 CO-SPONSORS BEFORE TOMORROW AT 5PM! Click here to see the 71 LEGISLATORS who are co-sponsoring now ACTION ALERT: Please call and ask your state representative and senator to co-sponsor House Docket 2510 and Senate Docket 977 – Acts Relative to Stabilizing the Commonwealth’s Nursing Facilities filed by Representative Tom Golden, Jr. and Senator Harriette Chandler. This legislation would require the state to

“Graduating from the BSN Program at Salem State University would make me the first person in my family to ever graduate from a college or university.” The daughter of immigrants, Laura Wheeler is a two-time recipient of a Mass Senior Care Foundation Scholarship, initially in 2008 when her award helped her advance her education and career from a CNA to an LPN at Lighthouse Nursing Care Center. She has since been further promoted at the Center, first to Charge Nurse

CMS issues PBJ Information for software developers, vendors and providers and has an updated errata V2.00.2 posted for the PBJ Data Submission Specifications V2.00.0 and is now available. One item has been added to the errata to incorporate edit -4018 which is a new special character restriction for the Employee ID field. During the January downtime weekend of 01/22/2017 Employee IDs that contain invalid special characters shall be automatically updated to a character that is allowed by edit -4018 and

Mass Senior Care Association is reinstating quarterly meetings for the Human Resources Group, as detailed in the 2017 HR Group Meeting Schedule. Please contact Carolyn Blanks directly if there are specific topics and/or speakers you would like to see featured at future meetings. Mass Senior Care members may be also be interested in a free upcoming one-hour webinar on February 2 nd, “Marijuana in the Workplace:Navigating Potential Potholes” presented by Attorney David Wilson of the employment law firm Hirsch Roberts

The Department of Public Health has issued Circular Letter DHCQ 17-1-667 Seasonal Influenza Vaccination of Healthcare Personnel at Massachusetts Adult Day Health Programs, Non- Ambulatory Surgical Center Clinics, Nursing Homes and Rest Homes for the 2016-2017 Influenza Season. This Circular Letter provides a link to detailed guidance addressing the steps required for the identified providers to submit annual Health Care Personnel Influenza Vaccination Data DPH by April 15, 2017.

Mass Senior Care worked with legislators to file 14 bills for the 2017-2018 legislative session intended to promote quality nursing home care. Legislation filed includes: (1) the Nursing Home Stabilization Bill filed by Representative Tom Golden and Senator Harriette Chandler and (2) Nursing Home Quality Jobs Initiative filed by Representative John Lawn and Senator Marc Pacheco. These two proposed legislative bills would require the state to provide adequate Medicaid funding by updating Medicaid rates using more current costs; requiring a

On January 25, 2017 Governor Baker released his state fiscal year (SFY 2018) budget recommendation, totaling $40.5 billion. The Governor’s recommendation includes a continuation of the current $35.5 million nursing facility direct care wage add on, included as a separate line item at 4000-0641. The Governor’s budget recommendation would also: (1) Allow EOHHS to use base year costs in CY 2007 or any subsequent year to set Medicaid nursing home rates (Outside Section 73); (2) Maintain the user fee assessment

Nicole Cimea’s passion for nursing began as a nine year old child in Haiti when she assisted her mother in the care of her grandfather when the family didn’t have the money to take him to the local clinic. Nicole was responsible for helping him with bathing and meals, a personal experience she credits with having a lasting impact on her life and launching her desire to become a nurse. Upon graduating from high school in Haiti, Nicole moved to

The Centers for Medicare & Medicaid Services has issued a revised Skilled Nursing Facility Prospective Payment System Booklet. It includes information on: Elements of the Skilled Nursing Facility (SNF) Prospective Payment System SNF Quality Reporting Program SNF Value-Based Purchasing Program Source: CMS

The award-winning, evidence-based Bathing Without a Battle training on person-centered bathing for people with Alzheimer’s disease and other dementias is now accessible online free of charge. The interactive training provides 2½ hours of free continuing education credit for nurses and 2 hours of free credit for nursing assistants. Students who plan to enter long-term care or geriatric home care are also encouraged to participate in the online training. Training can be accessed through the website www.bathing withoutabattle.unc.edu. Once registered, users

Mass Senior Care Association is reinstating quarterly meetings for the Human Resources Group, as detailed in the 2017 HR Group Meeting Schedule. Please contact Carolyn Blanks directly if there are specific topics and/or speakers you would like to see featured at future meetings. Mass Senior Care members may be also be interested in a free upcoming one-hour webinar on February 2 nd, “Marijuana in the Workplace:Navigating Potential Potholes” presented by Attorney David Wilson of the employment law firm Hirsch Roberts

Limited Space is available for this meeting - please RSVP today! Mass Senior Care will convene a meeting on Tuesday, January 24th from 10am to 12pm at the Mass Senior Care Office in Waltham for long term care facility members potentially affected by DPH’s proposal to eliminate a licensure ‘grandfathering’ provision for facilities constructed on or prior to March 19, 1968. At the meeting, Mass Senior Care President Tara Gregorio and Director of Regulatory Affairs Helen Magliozzi will provide an

Join AHCA/NCAL and your long term and post-acute care colleagues for two upcoming events at the beautiful Hilton Orlando Lake Buena Vista @ Walt Disney Resort in Orlando, Florida. This year, for your convenience, AHCA/NCAL is holding both the 2nd Annual Quality Summit and the 2017 Independent Owners (IO) Leadership Conference at the same place in the same week. Attend one, or get more bang for your buck and save $50 when you register for both conferences. The Quality Summit

Mass Senior Care is offering a free webinar to members on the use of marijuana in the workplace. Presented by Attorney David Wilson of the employment law firm Hirsch Roberts Weinstein LLP, this 60 minute webinar will cover: Update on medical & recreational marijuana laws Conflicting state and federal laws Accommodation policies On-premises use or impairment Drug-free workplace policies Marijuana in the Workplace: Navigating Potential Potholes With Your Employees Complimentary Webinar for MSCA Members February 2, 2017 at 12:00 PM

Governor Charlie Baker is expected to release, as part of his FY 2018 budget recommendation, a series of measures to control rising state health care costs, including imposing a renewed 'Fair Share Contribution' assessment on employers if they fail to offer health insurance. According to the State House News Service, Governor Baker’s plan would impose fines on businesses that do not cover at least 80% of their workers and share at least 60% of the premium cost with employees. It

The US Department of Health and Human Services, Office of Inspector General (OIG) has released its updated list, which reflects all OIG exclusions and reinstatement actions up to, and including, those taken in December 2016. This new file is meant to replace the updated LEIE database file available for download last month. Individuals and entities that have been reinstated to the federal health care programs are not included in this file. The updated files are posted on the OIG’s website

As of July 1, 2016, electronic submission of staffing data through the Payroll-Based Journal (PBJ) is mandatory for all Long Term Care Facilities. Long Term Care Facilities have up to 45 days after the end of the quarter to submit data for Federal Fiscal Quarter 1 (October 1, 2016-December 31, 2016). The final submission file for this quarter is due on February 14, 2017. Long Term Care Facilities are encouraged to submit early to avoid system delays. Please note that

Mass Senior Care Association and more than 20 groups joined together last week to form the Massachusetts Coalition for Coverage and Care. The Coalition's mission is to protect the gains in access to care, health, and health equity that have resulted from near universal health coverage in the Commonwealth. Other coalition members include representatives from hospitals, doctors, insurers, employers, health policy experts, and consumer advocates who have banded together by pushing back against efforts to repeal President Barack Obama's signature

CMS has contracted with RTI and Abt to develop and implement two Transfer of Health Information and Care Preferences (TOH) quality measures. The TOH measures meet requirements under the Improving Medicare Post-Acute Care Transformation Act (IMPACT Act) of 2014. Data for these cross-setting measures will be collected for the following post-acute care settings: SNFs, IRFs, LTCHs and HHAs. As part of the measure development process, RTI, in collaboration with Abt, is pilot testing the TOH measures to investigate data collection

Given the growing body of evidence on the risks of misuse, highlighted by the Centers for Disease Control’s (CDC) new guidelines for prescribing opioids that was released earlier this year, the Centers for Medicare & Medicaid Services last week outlined the agency’s strategyand the array of actions underway to address the national opioid misuse epidemic. CMS also issued its take on the opioid epidemic, with a blog post penned by Shantanu Agrawal, M.D., director of the Center for Program Integrity

Mass Senior Care will convene a meeting on Tuesday, January 24th from 10am to 12pm at the Mass Senior Care Office in Waltham for long term care facility members potentially affected by DPH’s proposal to eliminate a licensure ‘grandfathering’ provision for facilities constructed on or prior to March 19, 1968. At the meeting, Mass Senior Care President Tara Gregorio and Director of Regulatory Affairs Helen Magliozzi will provide an update for members on our current efforts to oppose DPH’s proposed

In addition to submitting written testimony in response to the Department of Public Health's (DPH) proposed September 2016 revisions to 105 CMR 725.000, Implementation of an Act for Humanitarian Medical Use of Marijuana,as noted in the article above, Mass Senior Care is offering a free webinar to members on the use of marijuana in the workplace. Presented by Attorney David Wilson of the employment law firm Hirsch Roberts Weinstein LLP, this 60 minute webinar will cover: Update on medical &

Last week Mass Senior Care submitted written testimony in response to the Department of Public Health’s (DPH) proposed September 2016 revisions to 105 CMR 725.000 Implementation of an Act for Humanitarian Medical Use of Marijuana. Mass Senior Care’s review of the proposed revisions identified several issues of concern to the nursing home provider community. These concerns include: 1) Conflict with Federal Law - Since marijuana is still considered illegal under federal law, it raises specific federal liability issues for long

Yesterday the Public Health Council unanimously approved significant changes to the Department of Public Health Determination of Need (DoN) regulations (105 CMR 100.000). The final revised regulations seek to streamline and simplify the DoN process and establish greater transparency and accountability in health care transformation. Massachusetts Senior Care Association participated in the Department’s robust stakeholder engagement over the past year and is pleased that the Department responded to issues raised by the sector. In particular, the Department's final regulations and

Governor Baker and his Administration are now finalizing their FY 2018 budget proposal which will be released on January 25, 2017. We request that you continue working with staff, residents and their family members to call Governor Baker's office to respectfully urge his continued support of the Nursing Home Quality Jobs Initiative, which would provide funding to increase wages for our hardworking and dedicated caregivers. Our goal is for each member facility to make at least 100 calls to the

Representatives from the Department of Mental Health (DMH), Department of Developmental Services (DDS), Executive Office of Elder Affairs (EOEA), and the MassHealth Office of Long Term Services and Supports (OLTSS) recently completed a general PASRR overview training. The training covered the Level 1 PASRR form and the Level 2 process for both DMH and DDS. If you were unable to attend the December PASRR trainings, MassHealth will be holding an additional PASRR Training Overview Webinar on January 18th, 2017, 10am-11:30am

We are saddened to share the news of the unexpected death of Jim Morris, Administrator at BayPointe Rehab and Skilled Care Center in Brockton since 2007. Jim passed away after a long-fought and courageous battle with cancer. Jim dedicated his life to providing service to elders and individuals with disabilities. He was also an active and passionate member of the Brockton Rotary Club. Widely respected in the long term care community, Jim served as an Ambassador for the Association’s grassroots

In March 2016, Governor Baker, through Executive Order 561, created a Task Force to recommend solutions to help end persistent economic disparities for certain populations. At the time of the Task Force report, these populations, which include African Americans/Blacks, Hispanics/Latinos, Native Americans, persons with disabilities, and Gulf War Era II Veterans, experienced rates of unemployment from 7-20%. The Task Force found that individuals within these populations experience complex needs and barriers that require intensive interventions. The Task Force made several

Our national affiliate, the American Health Care Association (AHCA), recently issued the following note in regard to the Centers for Medicare and Medicaid Services (CMS) issuing a work-around to correct edit errors for new 2017 PT and OT evaluation codes. In early December, the Centers for Medicare and Medicaid Services (CMS) released the quarterly National Correct Coding Initiative (NCCI) edits tables that apply to Medicare Part B and some state Medicaid agency claims for the period of January 1 through

EOHHS, via emergency regulation, on December 30, 2016 adopted amendments to the Medicaid nursing facility rate regulation eliminating the provision for incentive payments to nursing facilities under the Pay for Performance Program (P4P) for FY2017. In response to a state budgetary shortfall totaling an estimated $98 million in State Fiscal Year (SFY) 2017, Governor Baker last month used his authority to begin implementing Chapter 9C spending cuts, including this year’s nursing facility P4P program. The Governor did not impose cuts

As we reported in the December 21, 2016 edition of the newsletter, Mass Senior Care has identified a number of issues of concern to the nursing home provider community regarding recently proposed Department of Public Health regulatory amendments, including: (1) the proposed repeal of the regulatory provision that allow facilities built prior to 1968 to meet construction standards in effect at the time of construction, (2) decreasing the number of beds permitted in bedrooms in nursing units from no more

Mass Senior Care will convene a meeting on Tuesday, January 24th from 10am to 12pm at the Mass Senior Care Office in Waltham for long term care facility members potentially affected by DPH’s proposal to eliminate a licensure ‘grandfathering’ provision for facilities constructed on or prior to March 19, 1968. At the meeting, Mass Senior Care will provide an update for members on MSCA’s current efforts to oppose DPH’s proposed removal of the current 'grandfathering' provision contained in 105 CMR

The Massachusetts Senior Care Association (MSCA) recently announced the retirement of Ned Morse who has led the Association for more than 30 years, effective December 31, 2016. MSCA Board Members unanimously elected Senior Vice-President of the Association, Tara Gregorio, as President, effective January 1, 2017. Gregorio has worked in the area of healthcare policy for nearly 20 years. “Ned has been a champion of senior care excellence in the Commonwealth for decades,” said Bill Bogdanovich, Chairman of the Board. “He

Russell Phillips & Associates, LLC, a Mass Senior Care Associate Member, hosted a complimentary webinar on CMS Emergency Preparedness Rule for Nursing Homes. The webinar presentation and questions and answers asked during the program are now available. To access the webinar recording, please click here. To view the webinar slides, please click here. To access the Q&A document, please click here.

Representatives from the Department of Mental Health (DMH), Department of Developmental Services (DDS), Executive Office of Elder Affairs (EOEA), and the MassHealth Office of Long Term Services and Supports (OLTSS) recently completed a general PASRR overview training. The training covered the Level 1 PASRR form and the Level 2 process for both DMH and DDS. If you were unable to attend the December PASRR trainings, MassHealth we will be holding an additional PASRR Training Overview Webinar on January 18th, 2017

A public hearing will be held on Monday, January 9, 2017, at 10:00 am in Room 417A/B (4th Floor), 239 Causeway Street, Boston on the proposed revisions to the following regulations: 244 CMR 5.00 Continuing Education; 244 CMR 8.00 Licensure Requirements; and 244 CMR 9.00 Standards of Conduct. These regulations set forth continuing education requirements (5.00), requirements and procedures for initial licensure by examination and reciprocity for registered nurses and licensed practical nurses, as well as provisions for license renewal

Mass Senior Care has been made aware of a recent change made by the Massachusetts Division of Professional Licensure to the regulations for allied health professionals as it relates to signatures on documentation. Please see the applicable changes below with a link to the full regulations. 259 CMR 3.00: Occupational Therapists – Section 3.03: Documentation - Timely and accurate documentation is necessary whenever occupational therapy services are provided, regardless of payer source. The client’s record must be signed with the

In March 2016, Governor Baker, through Executive Order 561, created a Task Force to recommend solutions to help end persistent economic disparities for certain populations. At the time of the Task Force report, these populations, which include African Americans/Blacks, Hispanics/Latinos, Native Americans, persons with disabilities, and Gulf War Era II Veterans, experienced rates of unemployment from 7-20%. The Task Force found that individuals within these populations experience complex needs and barriers that require intensive interventions. The Task Force made several

On December 16, 2016, the Massachusetts Executive Office of Health and Human Services (EOHHS) Office of Medicaid (“MassHealth”) announced its intention to post a bid solicitation and to require online proposal submission via COMMBUYS in order to procure Long-Term Services and Supports Community Partners (LTSS CPs) to perform care coordination and other administrative support activities for identified members with LTSS needs. EOHHS anticipates conducting this procurement for LTSS CPs in the winter of 2017 for a contract start date in

The Department of Public Health will hold a Supportive Planning and Operations Team (SPOT) Stakeholder Presentation on Wednesday, January 11, 2017 from 1:30 pm – 3:00 pm at the Department of Public Health’s office at 250 Washington Street in Boston. The objective of the SPOT Stakeholder meeting is to share the findings from quality assurance and performance improvement assessments at the 40 nursing homes that participated and subsequent interventions that were developed to address identified opportunities for improvement. Please click

The Department of Public Health (DPH) has proposed regulatory changes that could impact the licensing and construction standards certain long term care facilities would be required to meet. In particular, DPH is proposing to eliminate the construction standard grandfather provision for potentially more than 130 nursing homes constructed prior to March 19, 1968. It appears these homes would need to meet current construction standards or apply to the Department of Public Health for annual waivers under yet to be determined

“My job is rewarding and continues to provide me with opportunities to teach, ensure quality and provide direct care to residents.” Pamela Gelardi was only a high school student when she began working with older adults through a job at the local VNA. After graduating from Middlesex Community College with an Associate Degree in Nursing, she gained additional experience working with the mentally challenged adult population. She began her career ladder in long term care nursing 15 years ago at