Issue: June 26, 2014

Published on June 26, 2014

Articles in this issue:

Final Comments on HCSF from Chip Wheelen


Recently the Health Care Stabilization Fund Executive Director and the Fund’s Chief Attorney participated in a seminar co-hosted by the associations that represent Kansas adult care facilities. The slide presentation was based on the information contained in a Health Care Stabilization Fund General Information Brochure that may be downloaded from the agency’s website at

The following information is the last installment in this series of articles explaining the Health Care Provider Insurance Availability Act (K.S.A. 40-3401 et seq). You will recall that effective January 1, 2015 nursing facilities, assisted living facilities, and residential health care facilities will become defined health care providers under K.S.A. 40-3401 and therefore will be subject to the provisions of the Health Care Provider Insurance Availability Act. Optimistically, the following information will never be relevant to you or your staff. On the other hand, if a patient files a claim against your facility alleging substandard care, the following information will be valuable. 


How the HCSF Becomes Aware of Lawsuits and Claims


If a claim is made without a formal legal action being filed, the provider should notify their primary insurance company and the Fund's Legal Section as soon as possible. All inactive health care providers should contact the Fund as soon as they have any notice of a claim, regardless of whether or not actual court proceedings have been commenced by the filing of a petition.


Any health care provider, active or inactive, who is sued outside Kansas, has an obligation to notify the Health Care Stabilization Fund. If any action is filed against a resident health care provider outside of this State, the health care provider or the health care provider's insurance company must notify the HCSF Board of Governors as soon as possible.


When and How the HCSF Defends Health Care Providers


Primary insurance companies provide a defense on behalf of active health care providers.  If the claim or lawsuit exceeds the basic coverage limits and results in a tender, the Health Care Stabilization Fund will assume the cost of defending the health care provider. In most situations, the Fund continues to provide a defense using the same attorney utilized by the primary insurer.


Inactive health care providers, who are qualified for Fund tail coverage, rely on the Fund to appoint a defense attorney.  Defense attorneys appointed by the Fund to defend actions against inactive providers are skilled medical malpractice defense lawyers. If a health care provider has questions or concerns regarding the primary insurer's defense or the Fund's defense activities relating to a specific claim or suit, the provider should contact the Fund's Chief Attorney at 785-291-3777.

Karen Vidricksen Visits The Hill!



Karen Vidricksen of Eaglecrest Retirement Community of Salina recently made a trip to DC as the Assisted Living State Leader.  She was able to visit with many legislators on Capitol Hill, and we think the following picture shows the amount of impact she had!

Karen Vidricksen taking over as a United States Senator! (Senator Pat Roberts)

KHCA/KCAL Hosts CNA Workshop


Last week during CNA week KHCA/KCAL celebrated our direct care staff by offering a CNA Workshop.  CNA’s from around the state attended this education opportunity and celebration in the KHCA/KCAL education center in Topeka.  Educational topics were presented to the group included ADL Coding, Dementia, Restorative Nursing, End of life care and Oral care.  Thanks to all who attended and to our great instructors.

This shirt visualizes exactly how we all feel about our CNAs!  They are the superheroes!

KCAL Hosts Advanced Concepts for Operator's Course


Kansas Center for Assisted Living hosted an Advanced Concepts for Operator’s Class Tuesday, June 24, 2014 in Topeka at the Capital Plaza Hotel. Over 60 providers and vendors gathered to hear updates on satisfaction surveys, KDADS regulatory changes, national update, what a specialized dementia care unit should look like and common survey issues with the negotiated services agreement.

From KDADS Commissioner Joe Ewert, participants learned that Operators would begin to register through Health Occupations Credentialing July 1, 2014. A two year grace period will occur for current Operators to sign up with the registry. Look for more information in the coming weeks as temporary regulations are approved and an implementation process is laid out.

Ewert also discussed the HCBS final rule and the importance for providers to complete the on-line survey as soon as possible. Click here for a link to the survey. . Please note that the survey shows a deadline of May 30 for completion. This had been extended into July. By completing the survey, you may avoid a site visit from KDADS to determine if you are an appropriate HCBS provider location.

KCAL’s next scheduled education event will be the Adult Care home Operator Course July 16 – 23, 2014 in Wichita. Sign up here.


Linda MowBray, KCAL Director, speaking to the attendees.

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 are now available.

Winners will be 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!

Emergency Preparedness- Are you ready for a tornado?


Knowing what to do when you see a tornado, or when you hear a tornado warning, can help protect you and your residents. During a tornado, people face hazards from extremely high winds and risk being struck by flying and falling objects. After a tornado, the wreckage left behind poses additional injury risks. Although nothing can be done to prevent tornadoes, there are actions you can take for the health and safety of your residents.

Click here to visit the CDCs page on tornado preparedness

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 Midwest Division of Survey and Certification Long Term Care Provider Update 14-09



Nursing Homes

Mark Dykstra of Region V let us know that Transmittal 118, CMS Manual System Pub. 100-07 State Operations Provider Certification with Subject “ New Guidance Added to Chapter 7 – Survey and Enforcement Process for Skilled Nursing Facilities and Nursing Facilities” was released June 12, 2014.   Transmittal 118 replaces  Transmittal 113, dated April 25, 2014, which is being rescinded, to include titles and deletions to the transmittal page and  to include Chapter 9 table of contents page to reflect new exhibits. All other information remains the same. Download transmittal 118

Sunflower Health Plan- Credentialing Data Form Updated Online



CAQH Data Form Revised

The CAQH Data Form on the Sunflower Health Plan website has been revised. A CLIA certificate is not required to accompany the CAQH Data Form. To add practitioners, please complete the information requested on the CAQH Data Form and submit to:

This form is for practitioners registered on the CAQH. Only provide information for one practitioner per CAQH Provider Data Form.

Related web links:

• CAQH Provider Data Form:
• Provider Credentialing Resources Page:

Thank you for your attention to this new form. In addition to using the email address above, you may call your provider representative directly or call the Customer Service Center in Lenexa for assistance at 1-877-644-4623