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May 3, 2016

CMS Announces Proposed Rules on Observation Status and NOTICE Act

The Centers for Medicare & Medicaid Services (CMS) announced proposed rules for updating Medicare reimbursement to acute care hospitals.  The announcement explained that effective August 6, 2016, the Notice of Observation Treatment and Implication for Care Eligibility Act (NOTICE Act) will require hospitals provide written and oral notice within 36 hours to patients who are in observation or other outpatient status for more than 24 hours.  The notice must explain the reason that the patient is an outpatient and describe the implications of that status both for cost-sharing in the hospital and for subsequent “eligibility for coverage” in a skilled nursing facility (SNF).  Comments on the proposed rules are due June 17, 2016.

The Center for Medicare Advocacy outlined their concerns about the proposed rules in an alert.  In the proposed rules, CMS announces that it will require hospitals to use a new standardized notice explaining the reason of outpatient status, the Medicare Outpatient Observation Notice (MOON), which it has submitted to the Office of Management and Budget for approval.  CMA expressed concern that the proposed rule does not require the hospital to explain the specific reason the patient is being considered an outpatient, which is different than all other Medicare notices which require a detailed explanation of the specific reasons why Medicare coverage is not available.  Plus, all Medicare notices of coverage determinations give beneficiaries an opportunity to appeal to Medicare for a determination of coverage, but the MOON defines the coverage issue as non-appealable.  For more information on the proposed rule and further concerns, read CMA's Alert.

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Conference Session Proposals Due This Friday!

We invite you to submit a proposal for a concurrent session at the 2016 Consumer Voice Annual Conference. Sessions that include more than one perspective or speakers from more than one program are encouraged.

For more information and guidelines on submitting a proposal, click here.

All proposals must be received by May 6, 2016 to be considered.

Submit proposals as Word or PDF documents to the Consumer Voice at info@theconsumervoice.org.

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CMS Adds Six New Quality Measures to Nursing Home Compare

CMS has added six new quality measures to the consumer-based Nursing Home Compare website.  For the first time, CMS has included three quality measures that are not based solely on data that are self-reported by nursing homes. The three measures: rate of rehospitalization, emergency room use, and community discharge among nursing home residents are based on Medicare-claims data submitted by hospitals.   The six new quality measures are:

  1. Percentage of short-stay residents who were successfully discharged to the community (Medicare claims- and MDS-based)
  2. Percentage of short-stay residents who have had an outpatient emergency department visit (Medicare claims- and MDS-based)
  3. Percentage of short-stay residents who were re-hospitalized after a nursing home admission (Medicare claims- and MDS-based)
  4. Percentage of short-stay residents who made improvements in function (MDS-based)
  5. Percentage of long-stay residents whose ability to move independently worsened (MDS-based)
  6. Percentage of long-stay residents who received an antianxiety or hypnotic medication (MDS-based)
Beginning in July 2016, CMS will incorporate all measures, except for the antianxiety/hypnotic medication measure, into the calculation of the Nursing Home Five-Star Quality Ratings.

Visit Nursing Home Compare here.

For more information, read CMS' press release.

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Consumer Voice Signs Onto Letter to CFPB on Forced Arbitration

Consumer Voice, along with 163 other organizations, sent a letter to the Consumer Financial Protection Bureau (CFPB) urging them to use their Congressional authority to restrict forced arbitration.  The letter asserts that forced arbitration pushes consumers out of court and into a private arbitration system that favors large financial interests.  Forced arbitration clauses eliminate individuals' right to a trial by jury and often prohibit consumers from coming together in a class action suit. Plus, most consumers are not even aware of these clauses because they're buried in the fine print of contracts.  Consumer Voice, along with the other organizations representing consumers, commends the CFPB for continuing forward on rulemaking to address the public harm caused by forced arbitration and urges the CFPB to use its full statutory authority to restore consumers' right.  Read the full letter here.

For more information on forced arbitration agreements and the dangers they pose to long-term care consumers, visit our website.

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Webinar on World Elder Abuse Awareness Day Communications

Join the Administration for Community Living for a webinar on Wednesday, May 11 at 2:00pm ET entitled "Getting the Word Out: Creating Compelling Communications for World Elder Abuse Awareness Day."  Topics covered will include communicating with the public about elder abuse, how to use social media to communicate about elder abuse and WEAAD, and tips for working with press to spread the word about elder abuse and WEAAD. Pre-registration is not required. At the time of the meeting, use this link to join.  Meeting number: 995 175 214 Audio Connection: 2027742300 Access Code:995 175 214

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NORC Director and Resident Advocate Quoted in Associated Press Article on Individualized Menus in Nursing Homes

NORC Director Amity Overall-Laib and nursing home resident and advocate Penny Shaw were quoted in a recent article by the Associated Press.  The article highlights how more nursing homes are including individualized menus for the specific preference of their residents.  Some nursing homes do not adapt these practices because it is cost prohibitive or because of a lack of staffing.  However, experts argue that having dining options increases nursing home residents' quality of life. Read the full article here.

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Tennessee Hiring State Long-Term Care Ombudsman

The Tennessee Commission on Aging and Disability (TCAD) is seeking to fill the position of State Long-Term Care Ombudsman.  This position is stationed in Nashville and is responsible for all aspects of the Long-Term Care Ombudsman program that advocates for residents of long-term care facilities.  TCAD is the designated state agency on aging and is mandated to provide leadership relative to aging issues on behalf of older persons in the state.  Click here for more information.

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Webinar on Protecting People with Dementia Against Elder Abuse

Join Alzheimer's Association and the National Center on Elder Abuse for a webinar on Thursday, May 5th at 1:00pm ET entitled "Vulnerability, Cognitive Impairment, and Undue Influence: Webinar on Protecting People with Dementia Against Elder Abuse."  The webinar will provide insight on elder abuse as an emerging public health problem and will discuss a new uniform definition of "elder abuse" to bring consistency to public health surveillance efforts.  Protecting people with cognitive impairment from abuse will also be discussed.  Register here. When you click on the registration link, you must enter the meeting number (meeting number: 748 905 085) before proceeding to register.

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DOJ Report Finds South Dakotans with Disabilities Unnecessarily Living in Nursing Facilities

A new report from the U.S. Department of Justice has found that South Dakota is violating the Americans with Disabilities Act (ADA) and the Supreme Court's Olmstead v. L.C. decision by unnecessarily relying on nursing facilities to provide services to people with disabilities.  The ADA and Olmstead ruling require states to make services available to people with disabilities in the most integrated setting appropriate to their needs, regardless of age or type of disability, yet South Dakotans with disabilities do not have meaningful choices to receive services in their homes or communities.  The report showed that thousands of South Dakotans are forced to live in nursing facilities, isolated from their communities, rather than utilize home- and community-based services.  The analysis also found that South Dakota may even have cost savings and be able to serve more people by increasing the state's use of home- and community-based services.  For more information, read the press release, the report and the article in The New York Times.

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CMS Publishes Final Rule on Fire Safety

CMS has published a final rule on fire safety for certain health care facilities, including long term care facilities.  The provisions in the final rule cover construction, protection and operational features designed to provide safety for Medicare beneficiaries from fire, smoke and panic.  For more information, read the press release from CMS.  The rule has not yet been published in the Federal Register, but an unofficial version can be found here.

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Spotlight on Educational Resources

The Consumer Voice and the National Ombudsman Resource Center (NORC) have a multitude of resources available online covering a wide range of long-term care topics.  Visit the Consumer Voice website and the NORC website to explore all the available resources.  Take a look at this week's highlighted resource:

Financial Exploitation Issue Page- This Consumer Voice issue page provides webinars and fact sheets tailored to individuals in assisted living facilities and nursing homes and their families.

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In this Issue

CMS Announces Proposed Rules on Observation Status and NOTICE Act

Conference Session Proposals Due This Friday!

CMS Adds Six New Quality Measures to Nursing Home Compare

Consumer Voice Signs onto Letter to CFPB on Forced Arbitration

Webinar on World Elder Abuse Awareness Day Communications

NORC Director and Resident Advocate Quoted in Associated Press Article on Individualized Menus in Nursing Homes

Tennessee Hiring State Long-Term Care Ombudsman

Webinar on Protecting People with Dementia Against Elder Abuse

DOJ Report Finds South Dakotans with Disabilities Unnecessarily Living in Nursing Facilities

CMS Publishes Final Rule on Fire Safety


Spotlight on Educational Resources


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Residents' Rights Month 2016

Stay tuned for more information!


Calendar of Events

May: Older Americans Month

Thursday, May 5: World Hand Hygiene Day

Thursday, May 5: Vulnerability, Cognitive Impairment, and Undue Influence - A Recipe for Mistreatment, 1:00pm ET, Webinar from Alzheimer's Association and National Center on Elder Abuse; Meeting ID: 748 905 085

Friday, May 6: Session proposals due for the 2016 Consumer Voice Annual Conference

Wednesday, May 11: Getting the Word Out: Creating Compelling Communications for World Elder Abuse Awareness Day, 2:00pm ET, Webinar from Administration for Community Living, No pre-registration required

Friday, June 10: Changing Landscape of Long-Term Care, VOYCE Conference

Wednesday, June 15: World Elder Abuse Awareness Day

October: My Vote Matters, Residents' Rights Month 2016

November 2-5, 2016: Consumer Voice 40th Annual Conference, Arlington, VA


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