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This issue of The Gazette was made possible by a generous contribution by Mitzi McFatrich,
Executive Director of Kansas Advocates for Better Care, in honor of
Janet Wells, former Consumer Voice Director of Public Policy.


January 6, 2015

Proposed Rule to Support Equal Rights for Same Sex Spouses in Medicare and Medicaid Facilities: CMS Seeks Your Comments

The Centers for Medicare and Medicaid Services (CMS) recently released proposed regulations as part of CMS’ implementation of the Supreme Court decision in United States v. Windsor, 570 U.S. 12, 133 S. Ct. 2675 (2013).  Comments on the rule are due by February 10, 2015 and stem from the landmark 2013 Supreme Court decision in which two New York women won the right to have states acknowledge spousal exemption from federal estate tax for same sex married couples.

In response to the Windsor decision, the Department of Health and Human Services (HHS) has adopted a policy of treating same-sex marriage on the same terms as opposite-sex marriages to the greatest extent reasonably possible.  The proposed rule aims to ensure that all legally married same-sex spouses are afforded equal rights in Medicare and Medicaid participating facilities.  CMS emphasizes that the Windsor decision and HHS policy affect all provider and supplier types.  The proposed rule is available here.

More on the 2013 Supreme Court ruling of United States v. Windsor, 570 U.S. 12, 133 S. Ct. 2675 can be found at http://www.scotusblog.com/case-files/cases/windsor-v-united-states-2/ .

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Oral Health in Older Adults: Submit a Program for Consideration

According to the Centers for Disease Control and Prevention (CDC), oral health care of older Americans is a critical issue, particularly since Medicare does not insure for routine dental care.  Many, potentially deadly conditions, including oral cancers, are associated with aging and through dental care they can be detected early and prevented.  
 
Now, the U. S. Administration on Community Living (ACL) and the HHS Office on Women’s Health (OWH) have teamed together in a joint initiative to improve the oral health of older adults.  This initiative includes identifying low-cost, community-based oral health services.  Each program ACL identifes will be further researched and potentially added to a central database of oral health programs and resources.  The ultimate goal is to develop and disseminate a Community Guide to Adult Dental Program Implementation, which will be a how-to-guide for communities interested in starting an oral health program for older adults.

ACL invites you to identify community-based oral health programs to be included in this effort by filling out this form and sending back to Amy Herr at Amy.Herr@lewin.com.

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NORC's Ombudsman Outlook

Are you a LTCO? If so, have you seen the Ombudsman Outlook? The Ombudsman Outlook is a quarterly e-newsletter for State and Local/Regional LTC Ombudsmen, produced by the National LTC Ombudsman Resource Center (NORC). The newsletter is designed to provide resources, tips and news about ombudsman programs and practices. Each issue will include information about new policies and how they apply to LTCO work; news from the network, featuring state and/or local LTCOPs; technical assistance on a hot topic that has come into NORC over the previous quarter; tips on ombudsman practice or skills; featured resources, and MORE! Visit this page to see previous issues, let us know what you think of the Ombudsman Outlook and share news from your program.

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Resident to Resident Aggression: New Brochure and Fact Sheet Available from Consumer Voice

Aggression between residents of long-term care facilities is a serious yet hidden problem. All residents have the right to be free from all forms of abuse, neglect, and exploitation, and have rights if they have been subjected to mistreatment.  Newly released from the National Consumer Voice for Quality Long-Term Care and the National Center on Elder Abuse, this brochure (and large print fact sheet) identifies mistreatment, shares information about an individual’s rights, and offers resources where they can go for help.  The brochure and fact sheet can be downloaded for free. Hard copy will be available for purchase from the Consumer Voice. Contact us at info@theconsumervoice.org for more information.

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Consumer Voice 2015 Calendar Sale Extended into the New Year!

The Consumer Voice  has created a unique and one-of-a-kind 2015 calendar.  The calendar would make a great gift to show your appreciation to friends, family, residents, staff members, volunteers, co-workers and anyone else who shares your passion for quality care and supports residents' rights.  The 12-month calendar (beginning January 2015) supports the Consumer Voice's "Better Staffing: The Key to Better Care" campaign with photos, quotes, poems and artwork from long-term care consumers and staff members.  The focus of the calendar is better staffing with resident comments centering around what staffing means to them, how staff members have helped them, and how staffing can be improved in their facility; plus special focus on nursing home regulations that highlight quality care.

Buy now for the special price of $14

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Consumer Voice Remembers Alzheimer's Association Founding Chairman Jerome H. Stone

National Consumer Voice for Quality Long-Term Care joins in mourning the loss and remembering the contributions and dedication of Jerome H. Stone, founding Chairman of the Alzheimer's Association. According to Consumer Voice executive director, Richard Gelula, who worked closely with Mr. Stone in the 1980s, "Jerry applied his business acumen and great diplomacy to establish a comprehensive and unified approach to overcoming Alzheimer's disease by pulling together strong volunteer leaders, by having the organization focus on local, national and international concerns, and by having the Association simultaneously address patient care, family and caregiver support, public education and research. Jerry was always a gentleman and made sure that everyone had a seat at the table and that every voice was heard. He always made leadership look easy."

A press release from the Alzheimer's Association can be read here.

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Collect Nursing Home Campaign Staffing Postcards!

The deadline for our contest to see who can collect the most nursing home campaign staffing postcards has been extended to January 31, 2015.  While we will continue to collect staffing postcards after that date, the contest will end.  So this is your chance to win a $100 gift card!

The Nursing Home Staffing Campaign postcards feature brief information on why nursing homes need more staff and federal law that needs to be changed.  Advocates, consumers, family members, staff, and volunteers can fill out the backside of the postcard to add their voice to the cause.

You can obtain staffing postcards from the Consumer Voice office by contacting Amanda Celentano at acelentano@theconsumervoice.org or at 202-332-2275, ext. 204, or by going online at  http://theconsumervoice.org/uploads/files/issues/Staffing-Campaign-Postcard.pdf.  Postcards are free, but there is a shipping charge (100 postcards -  shipping $10; 300 postcards - shipping $13; 500 postcards - shipping $13).  

Staffing postcards will be hand delivered by Consumer Voice and sorted by Congressional staff.

Help us tell Congress that nursing homes need more staff!

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Upcoming Webinars

Moving Past the 3Bs of a Traditional Activities Calendar, Thursday, January 15th 2:00pm EST. The 3Bs - bible, birthday and bingo - are the staples of activities in many long-term care settings along with the daily group activities at 10 and 2.  In this webinar from the Pioneer Network, participants will learn how to transition from a traditional activities calendar to one of meaningful engagement.  The webinar has a registration fee of $99.

Module One - Abuse in Later Life: An Overview, Thursday, January 22nd 2:00pm EST - The National Clearinghouse on Abuse in Later Life (NCALL) and the American Bar Association Commission on Domestic & Sexual Violence have created a 5-part webinar series on Abuse in Later Life for civil attorneys, legal advocates and others who wish to gain a deeper understanding of Abuse in Later Life (ALL). The primary focus of these webinars will be addressing the needs of older victims of domestic violence and sexual assault. This series is sponsored by the U.S. Department of Justice Office on Violence Against Women (OVW). There is no cost to register.

In this Issue

Proposed Rule to Support Equal Rights for Same Sex Spouses in Medicare and Medicaid Facilities: CMS Seeks Your Comments

Oral Health in Older Adults: Submit a Program for Consideration

NORC's Ombudsman Outlook

Resident to Resident Aggression: New Brochure and Fact Sheet Available from Consumer Voice

Consumer Voice 2015 Calendar Sale Extended into the New Year!

Consumer Voice Remembers Alzheimer's Association Founding Chairman Jerome H. Stone

Collect Nursing Home Campaign Staffing Postcards!

Upcoming Webinars


4.1 It CAN Be Done!

As part of our nursing home staffing campaign, Better Staffing: The Key to Better Care, Consumer Voice is advocating for a minimum of 4.1 hours of nursing care per resident per day.  To show your support of this campaign, individuals can send us a photo with the slogan "4.1 - It CAN Be Done" by tweeting us pictures @ConsumerVoices, posting on our Facebook or emailing your photos to info@theconsumervoice.org.  Get the word out and encourage consumers to participate by sending in their photos too! 

You can join the Better Staffing: The Key to Better Care campaign, learn more about the campaign's goals, access the campaign advocacy toolkit, and take action at: www.theconsumervoice.org/betterstaffing


Calendar of Events

Thursday, January 15: Moving Past the 3Bs of a Traditional Activities Calendar, 2:00pm EST, Webinar from the Pioneer Network

Thursday, January 22: Abuse in Later Life: An Overview, 2:00pm EST, Module One of a five-part webinar series

Thursday, February 5: Forming the Relationship with Your Client: Client communication, interview skills, and confidentiality/mandatory reporting concerns, 2:00pm EST, Module Two of a five-part webinar series


Support Consumer Voice While You Shop Online

You can now support Consumer Voice while shopping on Amazon.  Consumer Voice is now listed as a part of AmazonSmile, an easy and automatic way to support Consumer Voice every time you shop, at no cost to you.  The Consumer Voice receives a donation of a portion of the purchase price every time you make a purchase.  All Amazon purchases cost the same as they normally would.  

To shop at AmazonSmile, click this link or go to smile.amazon.com and input "NCCNHR" as your charity of choice.  For simpler shopping, you can install a one-touch button on your browser, so you can easily return to AmazonSmile to shop and support the Consumer Voice. For more information about AmazonSmile, click here.  Begin shopping now at smile.amazon.com!


Did You Know?

If you make a tribute contribution in honor of an individual or organization, or in memory of a person, we will send the appropriate contact an acknowledgment recognizing your contribution (but not the amount).  All you have to do is supply their mailing address.  And you will also receive a donation receipt, too.


A Gift of Stock is a Win-Win for the Donor and for Consumer Voice

It is great when the value of an asset increases, but when such assets are owned outside of a retirement plan people are subject to capital gains tax on the asset’s appreciation or increase in value.  Making a gift of the asset – often a stock or other security – to Consumer Voice eliminates the capital gains tax on the holding.  Additionally, the gift may be recognized as a charitable donation and may result in a tax deduction for the full appreciated value of the asset. 

So, the donor wins in two ways – by avoiding capital gains tax and receiving a charitable gift deduction.  And Consumer Voice wins by obtaining your contribution and using it to support our programs of long-term care advocacy and education. If you would like to make a gift of stock or other security, contact rgelula@theconsumervoice.org.


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Friday, December 26
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Judge strikes down increased wage rule for home health workers


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Sponsor the Gazette - Consumer Voice is now accepting sponsorship for each weekly issue of The Gazette.  As a benefit of sponsorship, the contributor may honor, remember, or thank an individual or organization.  For more information, contact Richard Gelula at rgelula@theconsumervoice.org

About The Gazette

The Gazette is a weekly e-newsletter, published by the National Consumer Voice for Quality Long-Term Care and the National Long-Term Care Ombudsman Resource Center. If you do not wish to continue receiving this publication, please unsubscribe below. Your contributions and comments are welcome and should be sent to info@theconsumervoice.org. Copyright © 2015.

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The Consumer Voice is the leading national voice representing consumers in issues related to long-term care, helping to ensure that consumers are empowered to advocate for themselves. We are a primary source of information and tools for consumers, families, caregivers, advocates and ombudsmen to help ensure quality care for the individual. The Consumer Voice's mission is to represent consumers at the national level for quality long-term care, services and supports.


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