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December 18, 2018
Money Follows the Person Bill Passes House; Urge Your Senator to Vote YES
The House passed the IMPROVE Act (H.R. 7217) that includes two important provisions related to Medicaid home and community-based services (HCBS). The bill provides a three-month extension of the "spousal impoverishment protections" that make it possible for an individual who needs a nursing home level of care to qualify for Medicaid HCBS while allowing their spouse to retain a modest amount of income and resources. The bill also provides three months of funding for the Medicaid Money Follows the Person (MFP) program that helps individuals who are residing in institutions transition to community living. The bill is currently in the Senate. Continue to spread the word on social media about the IMPROVE Act with #FundMFP and #IMPROVEAct and contact your Senator and urge them to vote YES on the bill. Find more information from Justice in Aging here.
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NORC Accepting Proposals from State Ombudsman Programs to Participate in Nursing Home Discharge Project
The National LTC Ombudsman Resource Center (NORC) received a supplemental grant from the Administration for Community Living (ACL) to work on two projects over the next year (October 1, 2018 - September 30, 2019). The purpose of the first project, the Ombudsman Learning Collaborative to Protect Residents Against Nursing Facility-Initiated Discharges is to enhance the effectiveness of Ombudsman program advocacy and complaint resolution strategies regarding nursing facility-initiated discharges. For this project, Consumer Voice, through NORC, will provide in-depth technical assistance and training for up to five state Ombudsman programs (including local Ombudsman entities, and legal assistance developers (LADs) and legal assistance providers, as applicable and per Ombudsman invitation).
Applications are due no later than Friday, December 21, 2018.
Find more information on the Call for Proposals here and the fillable Application Form here.
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Consumer Voice and Other Advocates Meet with Office of Management and Budget Regarding the Proposed Nursing Home Rules
Last week Consumer Voice, along with representatives from 11 other groups, met with the Office of Management and Budget (OMB) regarding the proposed nursing home rules to be issued by the Centers for Medicare and Medicaid Services (CMS). Although the proposed regulations have not been released, individuals and groups can meet with OMB to discuss their views on what they believe the rules will contain. At the recent meeting, advocates asserted that the regulations needed to be retained as issued in October 2016 because they provide important protections to residents. They argued that revision of the requirements in order to reduce provider burden was both unnecessary and harmful, and provided numerous examples of how modifying or eliminating provisions would undermine the health and safety of residents. It is still not known when the proposed rule will be published. To access some of the materials provided to OMB during the meeting, click here.
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Consumer Voice Submits Comments Opposing Rule that Would Allow Teenagers to Operate Patient Lifts
Consumer Voice submitted comments to the Department of Labor opposing the proposed rule that would allow 16 and 17-year-olds to operate power patient lifts in health care settings, including long-term care settings. The proposed rule would reverse the current policy of only allowing trained teenagers to provide assistance to a qualified adult caregiver in certain instances. While the proposed rule emphasizes the impact the rule would have on teenagers, Consumer Voice is highlighting the impact it would have on long-term care residents, specifically nursing home residents. Consumer Voice believes 16 and 17-year-olds should not be allowed to operate the lifts without adult supervision. Research shows that many teens lack the ability to assess the risks and physical strength to safely operate power patient lifts and transfer residents by themselves, thus putting the residents, and themselves at risk of harm. The letter urged the Department to withdraw the proposed rule. Read Consumer Voice's full comments here.
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Consumer Voice Submits Comments Opposing Public Charge Rule
Consumer Voice submitted comments to the Department of Homeland Security opposing the proposed public charge rule. Consumer Voice wrote to express strong opposition to the changes regarding "public charge,” published in the Federal Register on October 10, 2018. The proposed rule would cause serious harm to older immigrants and their families, localities, states, and health care providers and facilities, and DHS provides no justification for why changes are needed. The letter urged that the rule be withdrawn in its entirety, and that long-standing principles clarified in the 1999 field guidance remain in effect. Read Consumer Voice's full comments here.
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NCLER Webcast on Signs of Elder Abuse
Join the National Center on Law & Elder Rights (NCLER) for a free webcast "Signs of Elder Abuse, Neglect and Exploitation" on Wednesday, January 16 at 2:00pm ET. The webcast is the first part of the forthcoming NCLER Elder Justice Toolkit and will help lawyers tune in to potential warning signals and learn key questions to ask when elder abuse is suspected. It will include checklists of signs of physical, behavioral, emotional, and sexual abuse, self-neglect, caregiver neglect, and exploitation. Register here.
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Spotlight on Resources
 Consumer Voice and the National Ombudsman Resource Center have a multitude of resources available online covering a wide range of long-term care topics. Visit the Consumer Voice and NORC websites to explore all the available resources. Check out this week's highlighted resource:
The Flu Fact Sheet
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In this Issue
Money Follows the Person Bill Passes House; Urge Your Senator to Vote YES
NORC Accepting Proposals from State Ombudsman Programs to Participate in Nursing Home Discharge Project
Consumer Voice and Other Advocates Meet with Office of Management and Budget Regarding Proposed Nursing Home Rules
Consumer Voice Submits Comments Opposing Rule that Would Allow Teenagers to Operate Patient Lifts
Consumer Voice Submits Comments Opposing Public Charge Rule
NCLER Webcast on Signs of Elder Abuse
Spotlight on Resources
2018 Year in Review
In 2018, Consumer Voice stood for quality by ensuring that consumer voices were heard, advocating with policymakers, and providing support and resources to consumers, family members and other advocates.
See the highlights of our year here.
Calendar of Events
Wednesday, January 16: Signs of Elder Abuse, Neglect and Exploitation, 2:00pm ET, Free webcast from the National Center on Law & Elder Rights
November 3-6, 2019: Consumer Voice Annual Conference, Crystal Gateway Marriott, Arlington, Virginia
Join the conversation and follow us on social media!
Last Week's Most Popular Post:
Monday, December 10:
Thank you for your advocacy and support throughout 2018.
Last Week's Most Popular Tweet:
Thursday, December 13:
New fact sheet from @CMAorg - "Medicare Coverage in Light of Jimmo v. Sebelius for Providers, Contractors, and Adjudicators"
Long-Term Care Resources & News
Read past issues of The Voice here.
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