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October 18, 2016
AHCA Files Suit Against CMS Over Arbitration Provision in Revised Nursing Home Regulations
The American Health Care Association (AHCA) is suing the Centers for Medicare & Medicaid Services (CMS) over the new arbitration regulation included in the recently announced revised nursing facility regulations. The new regulations prohibit the use of pre-dispute arbitration agreements and require that facilities may not enter into an arbitration agreement until after a dispute arises. President and Chief Executive Officer of AHCA Mark Parkinson stated that the "provision clearly exceeds CMS' statutory authority and is wholly unecessary to protect residents' health and safety." AHCA along with the Mississippi Health Care Association; Great Oaks Rehabilitation and Healthcare Center in Byhalia, Miss.; and The Pavilion at Creekwood in Mansfield, Texas are filing a suit claiming the aribtration provision violates the Federal Arbitration Act and exceeds HHS/CMS statutory authority under the Medicare and Medicaid acts. For more information about AHCA's position, read their press release.
Earlier this month, Consumer Voice released a statement commending CMS for prohibiting pre-dispute arbitration clauses. Consumer Voice Executive Director Lori Smetanka said, "“This new requirement is an important victory for residents and families. It is patently unfair to require consumers to waive their rights during the emotional, stressful, and often chaotic admission process. Residents deserve the ability to resolve their disputes with facilities, many of which involve incidences of mistreatment or neglect, in the court system." Read Consumer Voice's full statement here. For more information about the dangers arbitration agreements pose to long-term care consumers, visit our website.
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Check Out Residents' Rights Month Happenings
Residents' Rights Month is half way over, and we've already seen and heard so much about the wonderful events happening across the country and how residents, ombudsmen and advocates are getting out the word about residents' rights! Residents' Rights Month has gotten some great publicity including DC Long Term Care Ombudsman Mark Miller going on the air on The Senior Zone (interview begins at 6:50) to talk about the rights elders should expect when receiving long-term care and Mary Dalton, ombudsman in Missoula, MT, appearing on the "Wake Up Missoula" morning show to talk about residents' rights and older adults excercising their right to vote.
Residents have also been sharing their enthusiasm for this year's theme through the Resident's Voice Challenge. Below, Charley Spencer, Darway Resident Council President in Forksville, PA, shares what he stands for:
Check out more submissions to this year's Resident's Voice Challenge here.
Have something planned for Residents' Rights Month or has Residents' Rights Month been covered by your local media? Let us know! Email info@theconsumervoice.org.
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Former Assistant Secretary Kathy Greenlee Joins Center for Practical Bioethics
Former Assistant Secretary on Aging Kathy Greenlee has been hired by Center for Practical Bioethics as vice president of aging and health policy. Ms. Greenlee's new position will begin November 1 and is based in Kansas City. She will work to expand the center’s national profile as an advocate for aging, living with disabilities and end-of-life issues. Read more here.
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Webinar Recording Available for "Piecing Together Quality Long-Term Care"
The webinar recording is now available for "Piecing Together Quality Long-Term Care." Most of us will, at some point in our lives, need assistance with the tasks of everyday life. What are the options available? Where can you go for information and assistance? What types of things should be considered? This webinar will walk you through the different pieces you, or your client, need to consider to obtain quality long-term services and supports. Presenter Robyn Grant provides can't-miss tools and information for navigating the complicated world of long-term care. Purchase the webinar via our online store. The Consumer Voice publication "Piecing Together Quality Long-Term Care" is also available as PDF or for purchase in our store.
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New Infographic - Tips for Using the NORC Website
The National Long-Term Care Ombudsman Resource Center (NORC) has created a helpful new infographic to navigate their website. The NORC website is filled with information, resources, news from local and state long-term care ombudsman programs, best practices, and interesting stories to support and inform LTCO across the country. Learn how to better navigate the website with these helpful tips! Download the tips as a PDF.
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Don't Miss the Consumer Voice Conference!
There's still time to register for the Consumer Voice Conference; you really don't want to miss this event! Join us in Washington, DC in two weeks - November 2nd-5th - for a week of getting the latest policy updates directly from key experts at the federal level, learning about best practices nationwide, and attending skills trainings and acquiring tools and resources!
There's still time - Register Now!
Already registered? Start planning which sessions you want to attend with our newly updated agenda.
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CDC Partner Call Tomorrow on Get Smart Week
Join the Centers for Disease Control and Prevention tomorrow at 2:00pm ET for a partner call on Get Smart About Antibiotics Week. Find more information on the Get Smart website. Register for the call here. Audio Details: Dial-In Number(s): U.S. Toll: 303.248.0285 Access Code: 6393927
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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:
Residents' Rights - This NORC Issue page provides information specifically for ombudsmen about residents' rights.
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In this Issue
AHCA Files Suit Against CMS Over Arbitration Provision in Revised Nursing Home Regulations
Check Out Residents' Rights Month Happenings
Former Assistant Secretary Kathy Greenlee Joins Center for Bioethics
Webinar Recording Available for "Piecing Together Quality Long-Term Care"
New Infographic - Tips for Using the NORC Website
Don't Miss the Consumer Voice Conference!
CDC Partner Call Tomorrow on Get Smart Week
Spotlight on Educational Resources
Combined Federal Campaign
#10552
Thank you for your support!
Calendar of Events
October: My Vote Matters, Residents' Rights Month 2016
Friday, October 21: Introduction to the Revised Federal Nursing Home Regulations: What's In, What's Not, 2:00pm ET, Webinar from Consumer Voice
Tuesday, October 25: Sec. 1557 Civil Rights Protections - What Aging Advocates Need to Know, 2:00pm ET, Webinar from Justice in Aging
November 2-5, 2016: Consumer Voice 40th Annual Conference, Arlington, VA
Join the conversation and follow us on social media!
Last Week's Most Popular Post:
Wednesday, October 12:
Several news sources have recently reported on cases of involuntary discharge happening in Maryland nursing homes
Last Week's Most Popular Tweet:
Thursday, October 13:
Most of us will need assistance with the tasks of everyday life. What options are available?
Long-Term Care Resources & News
Read past issues of The Voice here.
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