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February 7, 2017

New Resources from NORC

The National Long-Term Care Ombudsman Resource Center has several new resources.

Long-Term Care Ombudsman Programs and Protection & Advocacy Agencies Collaboration Toolkit
Persons with disabilities receiving or in need of long-term services and supports have available nationally at least two advocacy organizations – Protection and Advocacy (P&A) and the Long-Term Care Ombudsman program (LTCOP).  Individuals residing in long-term care facilities may encounter challenges and opportunities for which they need an advocate. This new toolkit (available on the Collaboration/Working with Other Agencies page) includes eight tip sheets/briefs, examples of collaboration and advocacy, and information about developing a written partnership agreement (e.g., Memorandum of Understanding).

Personal Safety Considerations (Program and Practice: LTCOP Advocacy in Assisted Living Facilities)

This tip sheet is part of the LTCOP Advocacy in Assisted Living Compendium and provides personal safety considerations for Ombudsman program representatives during visits. Although most long-term care facilities are safe, there may be circumstances where the Ombudsman program needs to take precautions when visiting (e.g., visits to facilities or areas that the Ombudsman program representative is not familiar with, facilities with limited regulatory oversight). This resource was created to assist Ombudsman programs in discussing personal safety and minimizing risk when visiting these types of settings.

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New Resources on the New Federal Nursing Home Regulations; Register for the Webinar

On October 4, 2016, the final regulations for nursing homes participating in the Medicare and/or Medicaid programs were published in the Federal Register. The regulations became effective on November 28, 2016 and will be implemented in three phases. The National LTC Ombudsman Resource Center (NORC) has compiled resources and information on the new "Federal Nursing Home Regulations" page.

Webinar: A Deeper Dive into the Revised Federal Nursing Home Regulations - Part I
Wednesday, February 15, 2017 11:00 a.m. PT/ 2:00 p.m. ET
The Centers for Medicare & Medicaid Services (CMS) released its revised nursing home regulations. This webinar will take a closer look at the following sections of the revised regulations; Assessment, Care Planning & Discharge Planning; Transfer-Discharge; Nursing Services; and Unnecessary and Antipsychotic Drugs.

Side-by-Side Comparison of Revised and Previous Federal Nursing Home Regulations
The side-by-side comparison shows each provision of the revised federal nursing home regulations and traces it back to provisions from the previous regulations.  With the side-by-side comparison, you will be able to locate which provision in the revised regulations is new or revised. If it is revised, you will be able to see the previous language from which it was revised.  The side-by-side comparison denotes the implementation phase for each provision in the revised regulations. The side-by-side comparison was created utilizing the Centers for Medicare & Medicaid Services (CMS) information provided in its Long-Term Care Facilities Crosswalk found in the Federal Register, Vol. 81, No. 192, October 4, 2016 (p. 68825) here.

For more information and resources on the new federal nursing home regulations, click here.

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Residents and Families in Minnesota Fight Arbitration Clauses

In Minnesota, nursing home residents and family members are citing the federal regulation barring pre-dispute arbitration when fighting nursing home abuse. Last year, the Centers for Medicare & Medicaid published revised federal nursing facility regulations.  The regulations prohibited pre-dispute arbitration agreements in nursing homes and prevented residents and their families from pursuing lawsuits.  However, the rule was later blocked in court.  Now,  the rule is being cited as evidence that the clauses are invalid and that victims of abuse and neglect deserve their day in court. Read more in the article in the StarTribune.

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Policy Break

The Consumer Voice's Policy Break updates you on the latest policy developments in long-term care.  Sign up for Policy Break by clicking here.

GAO Workforce Development Report for LTSS Recipients - The difficulty of recruiting and retaining direct care workers poses a serious problem to both the current and sizeable forthcoming long-term support services (LTSS) recipients. Due to the increasing concern about these issues, the Government Accountability Office (GAO) released a report on LTSS workforce development in August 2016, “Better Information Needed on Nursing Assistants, Home Health Aids, and Other Direct Care Workers.”

While the data sources of the report provide a broad picture of direct care workers who provide LTSS, the GAO determined that data has severe limitations and gaps that affect the report’s usefulness. These limitations include: (1) combining home health aides psychiatric aides, and nursing assistants into one occupational grouping, (2) not identifying independent providers from other direct care workers, (3) excluding direct care workers who provided LTSS part-time, (4) including individuals who identified as direct care workers who have not been employed in the last 12 months, (5) using self-reported data (excluding those who may not identify as a direct care worker), and (6) excluding individuals employed by private households by using “employer-based” data.

To read the whole report, click here.

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In this Issue

New Resources from NORC

New Resources on the New Federal Nursing Home Regulations; Register for the Webinar

Residents and Families in Minnesota Fight Arbitration Clauses

Policy Break

Combined Federal Campaign


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Calendar of Events

Wednesday, February 15: A Deeper Dive into the Revised Federal Nursing Home Regulations - Part I, 2:00pm ET, Webinar from Justice in Aging, Center for Medicare Advocacy, and Consumer Voice

November 8-11, 2017: Consumer Voice 41st Annual Conference, Arlington, VA

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