Issue: May 22, 2014

Published on May 21, 2014

Articles in this issue:

CMS Releases Advance Copies of SC Memo and Interpretative Guidance Related to Use of Pasteurized / Unpasteurized Eggs

Author: Hayden Parker

CMS has released advance copies of S&C memo and interpretative guidance related to use of pasteurized/unpasteurized eggs.  Please take a moment to read the following comments from Lyn Bentley of AHCA:

CMS provided AHCA with advance copies of  a Survey & Certification Memorandum (S&C Memo) and associated surveyor interpretive guidance at F341, Sanitary Conditions, which are attached.  The focus of these documents is on use and serving of pasteurized and unpasteurized eggs.  Several key points:
CMS also updated the surveyor guidance to include information related to serving food grown in Nursing Home Gardens, which was in a previously released S&C Memo.
These documents are not yet posted on the CMS Website and due to the Memorial Day holiday may not be posted until sometime next week.  The S&C Memo is dated May 20, 2014 and is “Effective Immediately.” 

CMS S&C Memo
Interpretive guidelines 

Brownback Shuffles Cabinet- Kari Bruffet Named KDADs Secretary

Author: Hayden Parker

Effective June 9, 2014, Kansas Department of Aging and Disability Services Secretary Shawn Sullivan will be appointed as State Budget Director.  Kari Bruffet, director of health care finance at KDHE will be named the new KDADs secretary.  Bruffett, who joined KDHE in 2011, led implementation and federal negotiations over KanCare.

Sullivan was named Secretary in January 2011. Brownback has said that Sullivan will continue as director of hospitals and be budget director.

Sullivan will replace Jon Hummell.

Health Care Stabilization Fund News- Upcoming Webinar- June 18th


Did you know providers will be considered “health care providers” after January 1, 2015?  You as providers will benefit from this designation in several ways.  KHCA, Leading Age, and Chip Wheelen with the Health Care Stabilization Fund will be offering a provider webinar on June 18th.  Look out for the announcement from the Associations. 

The Healthcare Stabilization Fund & Your Liability Insurance: What You Need to Know

With the passage of House Bill 2516, there are big changes coming regarding your insurance coverage. We’re bringing the experts together to discuss the changes to the Liability Insurance Law and Purchasing, as it applies to Kansas nursing homes, assisted living organizations and residential health care. The webinar will be held on June 18, 2014 from 10:00-11:30 AM. Presenters include:
· Chip Wheelen, Executive Director, Health Care Stabilization Fund
· Rita Noll, Deputy Director and Chief Attorney, Health Care Stabilization Fund
· Kevin McFarland, President, KING
· Rachel Monger, Director of Government Affairs, LeadingAge Kansas
· Garen Cox, President and CEO, Medicalodges, Inc.

Register now for the webinar! *Note there is a $25 fee*

Please read the following news article to familiarize yourself with the Kansas Health Care Stabilization Fund written by Chip Wheelen.

Health Care Stabilization Fund Article

Health Care Stabilization Fund Comments from Chip Wheelen


Passage of House Bill 2516 amended several sections in the Health Care Provider Insurance Availability Act. Most of these amendments become law July 1, 2014. Among the amendments, the definition of “health care provider” is expanded to include five new categories, three types of facilities and two professions. In order to allow sufficient time for these new health care providers to transition from their current insurance arrangements to the insurance requirements stipulated in the Availability Act, the Legislature deliberately delayed the effective date of the new definitions until January 1, 2015. This will allow at least six months for nursing facilities, assisted living facilities, residential health care facilities, physician assistants, and nurse-midwives to learn about the Availability Act and inform their insurers of any changes that may be necessary. The phrase "health care provider" is defined in K.S.A. 40-3401 and includes the following:



*These categories of providers are carefully reviewed to assure they meet the strict statutory criteria for HCSF participation.

**These categories of health care providers are defined as such in K.S.A. 40-3401 effective January 1, 2015.

PEAK 2.0 May Newsletter

Author: Hayden Parker

The Kansas State University Center on Aging has released the May newsletter.  Check out out all the great information!

PEAK 2.0 May 2014 Newsletter

CMS Issues SC Memos

Author: Hayden Parker

CMS has released a new S&C Memo regarding sprinklers and civil monetary penalties.  Please take the take to read the following comments from Lyn Bentley of AHCA:

1.      CMS issued a Survey & Certification Memoranda entitled:   Information for Applications to Extend the Due Date for the Installation of Automatic Sprinkler Systems in Existing Nursing Homes.  This memo provides details for making application to extend the date by which a nursing center must be fully sprinklered.  The final regulation to which this memo refers was effective on May 12.  It is important to note this is a time-limited extension and there are very specific requirements that a nursing center must meet in order to be eligible for the extension.
2.     CMS issued a Survey & Certification Memoranda entitled:  Grant Solicitation for the Reinvestment of Federal Civil Money Penalty (CMP) Funds to Benefit Nursing Home Residents.  The memo states:  “As part of the 2010 Affordable Care Act, the Centers for Medicare & Medicaid Services (CMS) is soliciting proposals for a grant opportunity in which Federal CMP Funds will be utilized to support and further expand the National Partnership to Improve Dementia Care in Nursing Homes.”  Applicants must submit an email of intent to a specified mailbox in order for an application to be considered. 

Download Your New PEPPER Report!


Program for Evaluating Payment Patterns Electronic Report

Provide your feedback on PEPPER!

The Q4FY13 release of your new Skilled Nursing Facility (SNF) Program for Evaluating Payment Patterns Electronic Report (PEPPER), with statistics through September 2013, is now available for download through the Secure PEPPER Access page at To obtain your SNF's PEPPER, the Chief Executive Officer, President or Administrator of your SNF should: 

  1. Review the Secure PEPPER Access Guide.
  2. Visit the Secure PEPPER Access page at
  3. Review the instructions and obtain the information required to authenticate access.
  4. Click on the button to Access the Secure Portal.
  5. Complete all the fields.
  6. Download your PEPPER. 

The SNF PEPPER will be available to download as a Microsoft Excel file for approximately one year. The previous Q4FY12 SNF PEPPER, originally released in August 2013, will be made available via the Secure PEPPER Portal in the summer of 2014; an email notification will be sent when these PEPPERs are available.

New for this release in the SNF PEPPER: The "State" comparison group now includes all SNFs in a state. Previously, the "State" comparison group included all SNFs in a state that were in the same MAC jurisdiction. As a result, state percentiles will be available for most SNFs; state percentiles will differ from the previous PEPPER release.

For more information, visit the SNF Training and Resources section of



PEPPER is an educational tool that summarizes provider-specific data statistics for Medicare services that may be at risk for improper payments. Providers can use the data to support internal auditing and monitoring activities. Visit to access resources for using PEPPER, including recorded web-based training sessions, a sample SNF PEPPER and the current SNF PEPPER User's Guide, which are available on the SNF "Training and Resources" page. PEPPER is distributed by TMF® Health Quality Institute under contract with the Centers for Medicare & Medicaid Services.


Do you have questions or comments about PEPPER or need help obtaining your report? Visit our Help Desk to request assistance with PEPPER. Provide your feedback or suggestions regarding PEPPER through our feedback form



Tornado Season! Are You Prepared?

Author: Hayden Parker

Is your community prepared for tornado season? Check out this page on tornadoes from!

CMS Finale Rule on HCBS Settings- Provider Assessment


CMS has released a final rule on HCBS setting. 

View full document.