November 8, 2016
Thank You for a Successful Consumer Voice Conference!

Conference attendees from Maryland show their "crabby" spirit during the conference opening roll-call.
Thank you to all those who attended the 2016 Consumer Voice Annual Conference last week! It was wonderful to see old friends and to meet so many new people. Speaker presentations will be available online soon.
Mark your calendar for next year - November 8-11, 2017 - again at the wonderful Renaissance Arlington Capital View Hotel.
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Consumer Voice Releases Report on Nursing Home Closures
Successful Transitions: Reducing the Negative Impact of Nursing Home Closures, a new report released by Consumer Voice, examines reasons why nursing home residents may suffer harm when their nursing home closes and identifies ways to reduce or eliminate such harm. The study found that major obstacles to a successful transition include lack of appropriate and nearby placements or providers who do not want to take a specific resident; poor discharge planning; and lack of communication and time to find new placements for residents. These are serious barriers, but innovative strategies and practices in several states appear to have the potential to address these issues. The report discusses these practices and recommends actions that the Centers for Medicare and Medicaid Services (CMS), state agencies and State Long- Term Care Ombudsman Programs can take to better protect nursing home residents facing relocation.
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Judge Grants Request by AHCA Barring Implementation of New Arbitration Rule
A U.S. District Court judge in Mississippi granted a request by the American Health Care Association (AHCA) to stop the Centers for Medicare and Medicaid Services (CMS) from implementing a rule in the recent revised nursing home regulations that would ban arbitration agreements in nursing home contracts. The federal rule would prohibit binding arbitration agreements in nursing home contracts before a dispute arises. AHCA argued that the rule exceeded CMS' statutory authority and is not necessary to protect residents. In the judge's 40 page decision, he admitted that though there may be issues with executing arbitration contracts during the nursing home admissions process, only Congress, not CMS, can take action on this. For more information, read the article in Modern Healthcare.
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CMS Report Finds Most Cited Deficiencies Are MDS Accuracy and Staffing Information
A new report released by CMS found that the most commonly cited deficiencies among MDS 3.0 Focused Surveys were in Minimum Data Set accuracy and posted nurse staffing information. The FY 2015 MDS Focused Survey Summary reported the top cited deficiencies and the scope and severity of deficiencies. The three most common deficiencies were MDS accuracy, posted nursing staffing information and develop comprehensive care plans. For more information, read the article in McKnight's.
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Justice in Aging Releases Brief on Medicaid Non-Emergency Medical Transportation
Justice in Aging released an issue brief entitled "Medicaid Non-Emergency Medical Transportation: An Overlooked Lifeline for Older Adults." The brief outlines the challenges older adults face accessing Medicaid's non-emergency medical transportation (NEMT) benefit for transportation services to and from medical services. It highlights the importance of NEMT for older adults and people with disabilities, details the challenges faced by users, and offers a series of recommendations based on promising state practices. Read the brief here and access slides from the recent webinar on the topic here.
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ACL Seeks Comments on Person-Centered Approach for Advanced Illness
Edwin Walker, Acting Assistant Secretary for Aging and Acting Administrator, Administration for Community Living, released a statement on a person-centered approach to advanced illness. The statement emphasized that people who have advanced illness should have control over their care and services. They should be informed and have the opportunity to express their preferences, and service providers should respect those preferences. As ACL is exploring ways to support an individual's choice and control during advanced illness, it is developing a set of principles that reflect areas of potential consensus among various aging and disability communities. These principles will inform future advocacy. ACL is inviting all stakeholders to submit thoughts on this issue to advancedillness@acl.hhs.gov. For more information, read the full statement from ACL.
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Forum on Caregiving Policy Agenda for Next Administration
Join Caring Across Generations and Altarum Center for Elder Care and Advanced Illness for America CARES: A Forum on Caregiving, Monday, November 14th 9:00am - 1:30pm ET at the Pew Charitable Trusts Conference Center in Washington, DC and streaming online. The forum aims to generate a broad caregiving policy agenda that will be put forward for the next Administration. Families, home care workers, disability and elder care advocates, local and national leaders and other stakeholders will share and learn from each other's work and identify opportunities to influence the urgent issues facing caregivers and those needing caregivers. Find more information and RSVP for the event here. ( To access the stream, RSVP for the forum and select "I will watch the webcast" for the link.)
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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:
Transfer, Discharge and Transitions - This Consumer Voice issue page provides information on involuntary and voluntary transfer and discharges from nursing homes.
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In this Issue
Thank You for a Successful Consumer Voice Conference!
Consumer Voice Releases Report on Nursing Home Closures
Judge Grants Request by AHCA Barring Implementation of New Arbitration Rule
CMS Report Finds Most Cited Deficiencies Are MDS Accuracy and Staffing Information
Justice in Aging Releases Brief on Medicaid Non-Emergency Medical Transportation
ACL Seeks Comments on Person-Centered Approach for Advanced Illness
Forum on Caregiving Policy Agenda for Next Administration
Spotlight on Educational Resources
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For voting resources for long-term care consumers and individuals with disabilities, check out our website.
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Calendar of Events
Monday, November 14: America CARES: A Forum on Caregiving, 9:00am ET, Forum sponsored by Caring Across Generations and Altarum Center for Elder Care and Advanced Illness
November 8-11, 2017: Consumer Voice 41st Annual Conference, Arlington, VA
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