Issue: June 5, 2014

Published on June 5, 2014

Articles in this issue:

Health Care Stabilization Fund Webinar, June 18, 10:00am-11:30am and Comments from Chip Wheelen



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*


In preparation for the June 18 Webinar, read the fourth set of comments from Chip Wheelen below.


How HCSF Coverage Limits Apply to Professional Practice

The Fund coverage limit is based on when the incident occurred that resulted in a claim alleging professional negligence.  The coverage limits selected for a specific compliance period remain in effect for any claim or lawsuit attributable to the compliance period.

For example, assuming that: (1) a health care provider first complies with the Fund on January 1, 2014 and selects the $100,000/$300,000 coverage limit, then (2) on the policy renewal date of January 1, 2015, the health care provider receives approval from the Board of Governors to increase the Fund coverage limits to $800,000/$2,400,000, and (3) in 2016 a claim is made based on professional services that were rendered in 2014; the health care provider has $100,000 Fund excess coverage for this claim. When combined with the primary commercial insurance coverage, the total coverage is $300,000 for the claim.

Claims made or lawsuits filed against licensed health care providers, or eligible inactive health care providers, are covered only for those services rendered or failed to be rendered during the period when the health care provider was in compliance with the Fund law.

Resident health care providers, i.e., those who are legal residents of Kansas and are in compliance with the Fund law, are provided coverage from the HCSF for judgments or settlements which exceed the required basic professional liability insurance coverage limits for their services rendered inside and outside of Kansas. 

For non-resident health care providers, e.g., a provider who lives in Missouri and practices in Kansas, the Fund’s coverage is available only for those professional services rendered in the State of Kansas.

The Fund provides professional liability coverage for defined health care providers only.  Some primary insurance carriers may offer an additional coverage limit for the health care provider's professional employees who are not defined as health care providers in K.S.A. 40-3401(f).

For additional assistance in understanding the Fund coverage limits, contact your insurance agent, your insurance company representative, or the HCSF office.

Upcoming KHCA/KCAL Webinars Featuring Judy Bagby


KHCA/KCAL is proud to present a series of webinars presented by Judy Bagby.  All webinars are $49 for KHCA/KCAL members. They are as follows:


June 12th- Restorative programs- Resident and staff are the winners  - Register Online

June 24th- Restorative- How to put a program together  - Register Online

July 1st- Respiratory infection, more than "just" a cold.  H1N1 and MERS  - Register Online



KDADS Reorganizing Survey Offices


KDADS is reorganizing the regional survey offices. The Garden city office will be closed.  They are looking to place a small satellite office in Dodge.  The Wichita office will remain at its current location for the time being.  Carol Schiffelbein will become the new regional manager for the SW region which includes Wichita, and we are posting an opening for a regional manager position to cover the KC counties.  The regional managers have begun informing facilities in their current regions but official notice of the change will go out later this month via the email addresses we keep on file.  We will be asking facilities to correspond with the RMs based on the new boundaries starting July 1. 

The state also has decided to no longer send the 2567’s to the associations. The following is the explanation as to why we will not be receiving the 2567’s anymore. “The survey process requires administrative review, IDR, and other elements which can lead to revisions of the 2567.  In some cases multiple 2567s may be issued to assure the 2567s are as accurate as possible. The final 2567s will continue to be posted online once the compliance cycle has closed and we encourage you to review these online.  In effort to assist you in identifying new surveys completed, we will provide a quarterly report to stakeholders identifying which surveys have been completed during that quarter.”

We are still evaluating this change.  Members enjoyed the luxury of discussion of survey trends during facility standards meeting so we will evaluate how we will still get the information to our members.

Message from Kansas State Fire Marshal Regarding CMS Categorical Waiver Instructions


Just a reminder about CMS Categorical Waiver Instructions.

Facilities that wish to use a categorical waiver must be present in writing to the inspector during your entrance conference.  The inspector will note the deficiencies during the survey and make sure that the conditions are met.

If your facility fails to tell the inspector about a categorical waiver at the time of entrance, then the deficient condition will be cited as a normal deficiency with the appropriate K-tag.

We wanted to make sure and assist you the best we can and if you have questions regarding the waivers please contact the Fire Marshal's office. 


SC13-68.2000 Edition NFPA 101 LSC Waivers


SC12-21 Instructions Concerning Waivers. 

Adult Protective Services- Financial Security Team Management (FAST) Meeting


Adult Protective Services

cordially invites you to
attend an information session on

Financial Security Team Management

June 12, 2014 at 1:30 p.m.- 3:00 p.m.

Schalansky Conference Room
Topeka DCF Service Center
500 SW Van Buren

The information session will address best practices for addressing non-payment issues with responsible parties, how to develop a team approach to address non-action of family members/residents, how to report concerns to APS, and identifying & setting up back-up plans when residents begin to lose capacity.


Can’t attend?

Direct your questions to

Deb Schwarz,

Adult Protective Services

Sunflower Health Plan- Spring "Provider Report" Now Available


Spring "Provider Report" Now Available

Sunflower Health Plan Providers:

The Spring 2014 edition of the Provider Report newsletter is now available. We welcome you to access the publication online at

The direct link is here:

Inside: ICD-10 Update, HEDIS primer and SHP Weekly Provider Summit Calls

Thank you for providing excellent services for the health of our members! ​

Sunflower Health Plan

Sunflower Health Plan- LabCorp Not in Sunflower Network


Effective July 1, 2014, LabCorp will no longer be a participating laboratory provider in the Sunflower Health Plan provider network.

You may use other participating laboratory providers in their network. These providers can be located through Find-A-Provider on their website at Hospital-based laboratories and Quest Diagnostics are participating laboratory providers in the Sunflower Health Plan provider network.

If you have any questions regarding this information, please contact Provider Services at 1-877-644-4623

Emergency Preparedness- How Prepared Are You?


Emergency preparedness covers a broad range of situations and problems.  The Emergency Preparedness Response and Crisis Management Website has many resources to help you plan, prepare and execute strategies during emergency situations. 

Visit the Emergency Preparedness and Crisis Management Website

2014 AHCA/NCAL Convention and Expo


AHCA/NCAL Announces Convention General Session Keynotes


This year’s AHCA/NCAL Annual Convention speaker lineup includes a national military commander and a heroic ship captain who inspired an Academy Award-nominated film. To hear them, sign up for the AHCA/NCAL 65th Annual Convention & Expo.


General Colin L. Powell (Ret.) is the Opening General Session keynote speaker. For over fifty years, he has devoted his life to public service. His deep commitment to democratic values and freedom has been felt throughout the world. Powell has received numerous military awards and decorations, as well as multiple civil awards including two Presidential Medals of Freedom, the President’s Citizens Medal, the Congressional Gold Medal and the Secretary of Energy Distinguished Service Medal. In addition, he has received awards from over two dozen countries that include a French Legion of Honor and an honorary knighthood bestowed by H.M. Queen Elizabeth II of Great Britain.


Hear what Powell has to say and get inspired.


Captain Richard Phillips, who came to national attention in April 2009 when Somali pirates hijacked his ship, will address attendees during the AHCA/NCAL Closing General Session & Awards Celebration.

For five days in April 2009, the world watched as Captain Richard Phillips became the center of an extraordinary international drama. A small gang of Somali pirates hijacked his ship, the Maersk Alabama, and ultimately, Phillips made a conscious decision to put himself in harm's way to save his 20-member crew by offering himself as a hostage. The drama that played out over the next five days kept American audiences glued to their television sets. President Barack Obama, who spoke with Captain Phillips by phone after he was freed, said, "I share the country's admiration for the bravery of Captain Phillips and his selfless concern for his crew. His courage is a model for all Americans."


His address will bring out the leadership and selfless qualities in each of us, and provide you with a renewed sense of purpose and energy to take back with you.


Register at or Early bird registration ends July 18.