Issue: June 12, 2014

Published on June 12, 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 fifth set of comments from Chip Wheelen below.


Kansas Resident Health Care Providers

Health care providers who are legal residents of Kansas and have an active Kansas license, as well as health care providers that are licensed facilities located in Kansas, are required to maintain the minimum basic professional liability coverage as a condition of active licensure.  In addition, they are required to participate in the Fund.  The primary insurance carrier collects the provider's payment for the professional liability insurance coverage and remits the premium surcharge to the Fund without any reductions for commissions, collection or processing expenses.

The primary insurer is responsible for calculating the provider's premium surcharge based on the Fund coverage limit selected by the provider, the rating classification code of the provider and the number of years the provider has been in compliance with the Fund.

 Approximately twenty five commercial insurance companies and risk retention groups offer medical professional liability coverage in Kansas. Some of these insurers offer coverage only to a specific profession or specialty. If coverage is not available through a primary carrier, the provider can apply for coverage offered by the Health Care Provider Insurance Availability Plan.  Providers should contact their agent for information regarding the Plan.

Kansas Residents Practicing Out of State

Health care providers who reside in Kansas and have an active Kansas license, but practice exclusively in another state are still required to comply with the Fund.  A resident health care provider who does not wish to maintain Fund compliance or pay the surcharge should contact the appropriate licensing agency to discuss inactivating or discontinuing his or her Kansas professional license. A license may be converted to inactive status or another licensure category that is exempt from the Fund law. 

Kansas Residents Practicing in Missouri

Kansas resident health care providers who have an active license to practice in Missouri or are otherwise authorized to render professional services in Missouri are required to pay an additional surcharge to the Fund. If the health care provider does not actually practice in Missouri, he or she may convert their license to inactive until such time that he or she decides to resume practice in Missouri.

Inactive Kansas Residents Who Reinstate Their Active Kansas License

The required primary insurance coverage must be obtained from an admitted Kansas company. The primary carrier will be responsible for enrolling the provider in the HCSF. The Fund does not provide prior acts coverage for services rendered in another state prior to reinstating Fund compliance.

Non-Resident Health Care Providers

Health care providers who do not reside in Kansas but have an active license to practice in Kansas are subject to the basic professional liability coverage requirements (minimum of $200,000 per claim with $600,000 annual aggregate limits) plus a Fund surcharge that is based upon the percentage ratio of their Kansas practice. This is a statutory requirement and is a condition of licensure. If a licensee is no longer actively practicing in Kansas, he or she must convert their license to inactive in order to avoid the basic insurance and HCSF surcharge required by Kansas law.

Unlike Kansas resident health care providers, nonresident health care providers who have an active license to practice in Kansas must initiate compliance with the Fund law by completing the HCSF Non-Resident Certification Form. The surcharge payment is submitted to the Fund with the completed Non-Resident Certification Form and a copy of a current Certificate of Insurance from the primary insurance carrier. A "Non-Resident Certification" form may be downloaded from the forms page at

Non-Residents Relocating to Kansas

The required primary coverage must be obtained from an admitted Kansas insurance company.  When the provider becomes a legal resident of Kansas the primary carrier will be responsible for enrolling the provider in the Fund.

KHCA/KCAL Honors Distinguished Citizens


KHCA/KCAL honored a number of their member residents as distinguished citizens.  The awards program was tied to the Spring Quality Conference.  Not everyone was able to be honored at the conference, so we went to them!  Here are the highlights of our trips so far!


Kids singing at ceremony honoring Paul Thomas of Heritage Healthcare in Chanute

Kids singing at ceremony to honor Paul Thomas of Heritage Healthcare in Chanute

Marty Hegarty (who the award is named after!)Staff and family with Dr. Richard
Lombardo at Country Care, Inc. in Easton

Cindy Luxem with Clarence McDonald of Golden Living Center Wellington

Linda MowBray presenting the award to Elon Torrence of McCrite Plaza

NAC Meeting and Facility Standards Call- Friday, June 20, 2014


Join us for the monthly NAC and Facility Standards call, June 20, 1014, 10am and 11am respectively. 

In preparation for the call, please download and read the following:

May Survey Findings

May Survey Review


Call in information:



KHCA/KCAL Annual Convention and Trade Show Registration Open! Register Now!


Passport to Quality!

Embark on a journey around the world as we seek the highest quality care!

Registration for the 2014 KHCA/KCAL Annual Convention and Trade Show in Wichita, Kansas, October 22-24, now open!


Convention pricing is as follows:

For ONE TRANSACTION per member facility: $300 for the first attendee, $150 for every subsequent attendee

$50 for unlicensed direct care staff (does not include administrative corporate staff)



Register Online Today!!


Click here to secure your hotel room!

If you need additional assistance from the Hyatt Regency, please call 1-888-421-1442

2014 KHCA/KCAL Awards Nomination Packets Now Available



64th Annual Convention & Trade Show

2014 Awards Nomination Packet

Winners honored in Wichita, KS on Thursday, October 23, 2014.

The 2014 Award and Recognition Program will be one of our best yet!  Our yearly awards ceremony is just a small way of honoring some of the great men and women that we work with throughout the year.  Please take the time from your busy schedules to nominate folks from your home.

Thank you,

Fred Benjamin, KHCA Chairmen

Shelley Gromer, KCAL Chair

Have an employee you want to nominate?  Click here to download the nomination packet with details!

OIG Background Checks


Have you check the OIG Exclusion List this month?

What is the Exculsion List? This is a list of excluded individual/entities Called LEIE Individuals and they are individuals or business  entities who have been convicted of abuse, neglect, exploitation, fraud, etc. and who are prohibited from working in our homes. Have you checked the lists this month to make sure you are in compliance?

Click here for a link to the national list from OIG

Click here for a link to the monthly supplemental or update from OIG

Click here for a link to the KDADS list of individuals with findings of abuse, neglect and/or exploitation

Click here for the EPLS List

HCBS Transition Period and Meetings


The Centers for Medicare and Medicaid Services (CMS) issued a final rule for home and community based services (HCBS) effective March 17, 2014. All states must meet new requirements for home and community based settings for individuals who are served by a CMS-approved HCBS waiver program. In Kansas, there are seven HCBS waivers:

Autism (child who starts services before age 6)

Frail Elderly (65+ years)

Physical Disability (16-64 years)

Intellectual/Developmental Disabilities (5+ years)

Technology Assisted (0 through 21 years)

Traumatic Brain Injury (16-64 years)

Serious Emotional Disturbance (0-18 years)

CMS expects all states to develop a Transition Plan for each waiver that provides assessment, strategies, and timelines for meeting with the new rules. The Kansas Department for Aging and Disability Services would like your comments on this Transition Plan before it is submitted to CMS.  Click here for a schedule of very important meetings with KDADS to discuss HCBS settings. (article attached) Click here to take a survey about your HCBS setting

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.

CMS Releases S and C Long Term Care Provider Update


Survey and Certification Memos

One new  Survey and Certification Memo has been released since the last note:

14-36:  Infection Control Breaches Which Warrant Referral to Public Health Authorities (5/30/14)

If State Survey Agencies (SAs) or Accrediting Organizations (AOs) identify any of the breaches of generally accepted infection control standards listed in this memorandum, they should refer them to appropriate State authorities for public health assessment and management. SAs should consult with their State’s Healthcare Associated Infections (HAI) Prevention Coordinator or State Epidemiologist on the preferred referral process.  Since AOs operate in multiple States, they do not have to confer with State public health officials to set up referral processes, but are expected to refer identified breaches to the appropriate State public health contact identified at:  Download memo