The Long Term Care Partnership Program (which encourages people to buy private long term care insurance) will be extended from five states to 50, according to the Centers for Medicare and Medicaid Services (CMS). That is one example of CMS's new policy changes for Medicaid coverage of dual eligible beneficiaries. Apparently, some recipients who wouldn't ordinarily qualify for Medicaid (created for people with low incomes) hide assets in order to qualify for the federal insurance program. … [Read more...] about New Policy Changes for Dual Eligibles; Physician Groups to Lobby Congress
New Provider Letter: License Application and Fee Changes
In a provider letter dated August 1, the Texas Department of Aging and Disability Services and the Regulatory Services Division informed assisted living facilities, adult day care facilities, intermediate care facilities for persons with mental retardation or a related condition, and nursing facilities about new requirements for submitting license applications and fees. Currently, providers are instructed to mail applications to Regulatory Services and fees to Accounts Receivable. Effective … [Read more...] about New Provider Letter: License Application and Fee Changes
Avoiding Strict Liability for OSHA Violations
Need another reason to review your safety programs for Occupational Safety and Health Act (OSHA) compliance? A recent Fifth Circuit ruling protects an employer from strict liability for "willful" violations, even though the employer's own supervisor violates company safety rules. OSHA "establishes a comprehensive regulatory scheme designed ‘to assure so far as possible . . . safe and healthful working conditions' for ‘every working man and woman in the Nation.'" Martin v. OSHRC, 499 U.S. … [Read more...] about Avoiding Strict Liability for OSHA Violations
DADS Rule Requiring Augmentative Communication Device to be Purchased by Nursing Homes Proposed?
In the weekly newsletter for Texas Association for Residential Care Communities, Sid Rich is reporting that DADS "is proposing a new rule that would require a nursing home to purchase an Augmentative Communication Device (ACD) to enhance an individual's communication and interaction with facilities. According to Sid, his investigation shows these devices to cost as much as $10,000. I haven't found the proposed rule on the internet as well. If any of you have, please put a link in … [Read more...] about DADS Rule Requiring Augmentative Communication Device to be Purchased by Nursing Homes Proposed?
Provider Letters: Statement of Deficiencies or Violations/Amendment to 40 TAC Resident Assessment
1) The Texas Department of Aging and Disability Services (DADS) informed providers about an electronic procedure for submitting documents following a visit from a surveyor and the finding of a deficiency or violation. From the letter (dated July 31): Question: Does sending the Statement of Deficiencies form (CMS-2567) or Statement of Violations form (DADS-3724) with the Plan of Correction (PoC) by electronic mail (e-mail) satisfy the State Operations Manual (SOM) requirement and state … [Read more...] about Provider Letters: Statement of Deficiencies or Violations/Amendment to 40 TAC Resident Assessment
New EEOC Publication on Deafness and Hearing Impairments
July 26, the Equal Employment Opportunity Commission (EEOC) issued a new Q&A on the application of the Americans with Disabilities Act (ADA) to workers who have hearing impairments or are deaf. Topics addressed in the document include: • When a hearing loss is a disability under the ADA; • When an employer may ask an applicant or employee about a hearing impairment and what it should do if an applicant voluntarily discloses the impairment; • Voluntarily discloses the impairment; • What … [Read more...] about New EEOC Publication on Deafness and Hearing Impairments
DHS Announces New Initiative on Immigration Law Compliance
On July 26, the Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE) announced a new initiative and best business practices to help employers ensure they are hiring a legal workforce through voluntary partnerships with the government. Called the ICE Mutual Agreement between Government and Employers (IMAGE), the program is designed to build cooperative relationships between government and businesses to reinforce hiring practices and reduce the unlawful employment of … [Read more...] about DHS Announces New Initiative on Immigration Law Compliance
Provider Letter: New Fiscal Year — Reminder
The Texas Department of Aging and Disability Services reminds providers that in fiscal year 2007, any claims remaining from fiscal year 2004 become miscellaneous and won't be paid through the standard Claims Management System payment process. If the service dates on a claim are earlier than two previous fiscal years and the current year, it is dubbed "miscellaneous." For more information, download the letter here. … [Read more...] about Provider Letter: New Fiscal Year — Reminder
Pennsylvania to Require PACE Seniors to Enroll in Medicare Drug Plans
Pennsylvania will require low-income seniors currently enrolled in the PACE prescription drug assistance program to enroll in Medicare Part D. (Medical News Today) PACE covers drug costs not covered by Medicare. The state sent letters to Pace enrollees to inform them about their new Medicare plans. Beneficiaries will have 10 days to object to the state's recommendations. After 10 days, the state will enroll beneficiaries in the recommended plans automatically. Apparently, PACE participants … [Read more...] about Pennsylvania to Require PACE Seniors to Enroll in Medicare Drug Plans
Texas Register Updates; New OIG Report
The Texas Health and Human Services Commission (HHSC) recently adopted amendments to §371.204 and §371.208, relating the Hospital Screening Criteria for Texas Medical Review Program (TMRP), Tax Equity and Fiscal Responsibility Act (TEFRA), and LoneSTAR Select II Contract Reviews and Appeals Related to Utilization Review Department Review Decisions. For more information, see this section of the July 14 Texas Register. The Board of Nurse Examiners will review and consider whether to re-adopt, … [Read more...] about Texas Register Updates; New OIG Report