Issue: July 3, 2014

Published on July 2, 2014

Articles in this issue:

AHCA/NCAL Names 2014 Silver Award Winners - Two KHCA/KCAL Members


The American Health Care Association/National Center For Assisted Living have announced the 2014 Silver Award Winners.  The Kansas Health Care Association and The Kansas Center For Assisted Living would like to congratulate North Point Skilled Nursing of Paola, and Tonganoxie Nursing Center of Tonganoxie.  Your commitment to quality is being formally recognized. 

North Point Skilled Nursing and Tonganoxie Nursing Center will be honored during the AHCA/NCAL’s 65th Annual Convention and Exposition, October 5-8, 2014, in Washington, D.C.

Congratulations! We are proud to have you as members!

KHCA/KCAL Needs Your 2567


Beginning July 1, 2014 KDADS is no longer providing KHCA/KCAL with facility 2567s. This data has been so important to our facility standards committee because of Linda Farrar’s outstanding analysis of the survey results. We want to continue this timely reporting but can only do this with your help. Please email your 2567 to when you receive it. We recognize that there may be future revisions to the data but the analysis of the initial findings is key to educating our members on survey trends and ways to avoid deficient practice. For questions, contact Cindy Luxem at 785-267-6003. Thank you for helping us provide the best quality information to all of you.

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!

Summary of Mistreatment of a Dependent Adult and Elder Abuse Statute


Mistreatment of a Dependent Adult and Elder Abuse Statute
By Alexandra R. English, Kansas Legal Services

On July 1, 2014, a new elder abuse and mistreatment of dependent adult statute went into effect. This statute provides for much greater protections for seniors and other dependent adults along with much harsher penalties for those who commit both financial and physical crimes against seniors and dependent adults.

Mistreatment of Dependent Adults: One of the major improvements with this new statute is that it expands the definition of the crime for mistreatment of a dependent adult. The new law creates a much stiffer penalty for those who commit crimes against dependent adults. As defined by statute, a dependent adult is an individual 18 years of age or older who is unable to protect his or her own interest. This could include, but is not limited to, an adult cared for at a residential facility, in a private residence, in a medical care facility, or an individual with in intellectual or developmental disability receiving services through a community facility. Prior versions of the statute would have considered infliction of physical injury or “cruel punishment” against a dependent adult to be only a battery or a Level 6 person felony. However now, depending on the situation, it can be charged as a Level 5 person felony, which comes with much harsher penalties than a Level 6 person felony.

Elder Abuse: Unfortunately this new statute does not expand the same punishments for “physical injury, unreasonable confinement or unreasonable punishment” to all elder persons. An elder person is defined as an individual seventy years old or older. It is unknown exactly why the legislature chose seventy years of age. Other states use different ages, and the majority of states seems to use sixty years of age instead. Perhaps seventy is the new sixty.
It is important to note that if the victim is an elder person who is also a dependent adult, then that crime can be charged under the new statute. Otherwise, if an elder person is a victim of physical abuse, that would still be charged under the Kansas battery statute, which is K.S.A. 21-5413. It is my hope that one day physical violence against elder persons, whether they are a dependent adult or not, can be charged under this same statue with harsher penalties than the battery statue.

Financial Abuse of an Elder: The penalties for financial abuse are harsher as well. Previously, all violations of the Kansas Power of Attorney Act (K.S.A. 58-650 – K.S.A. 58-665) had to be dealt with by filing a civil lawsuit. For the first time in Kansas, this new statute criminalizes violations of the Kansas Power of Attorney Act. For example, if you have given your neighbor Power of Attorney over you, and that neighbor violates their fiduciary duty and steals money from your bank account under the guise of being your agent, that neighbor can now be charged criminally for a breach of his or her fiduciary duty to you, in addition to the theft.

The mistreatment of an elder portion of this statute reads:
(b) Mistreatment of an elder person is knowingly committing one or more of the following acts:
(1) Taking the personal property or financial resources of an elder person for the benefit of the defendant or another person by taking control, title, use or management of the personal property or financial resources of an elder person through:
(A) Undue influence, coercion, harassment, duress, deception, false representation, false pretense or without adequate consideration to such elder person;
(B) a violation of the Kansas power of attorney act, K.S.A. 58-650 et seq., and amendments thereto; or
(C) a violation of the Kansas uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto; or
(2) omission or deprivation of treatment, goods or services that are necessary to maintain physical or mental health of such elder person.

Conclusion: Even though the new law isn’t perfect, it is a huge improvement over its predecessor law, and we should all be extremely grateful for its passage and enactment. It provides for much greater protections for our state’s seniors and other dependent adults. We can only hope that the harsher penalties that will be handed down will cause a chilling effect on physical and financial abuse and neglect of seniors and dependent adults. If you would like to read the statute in its entirety, you can find it in the Kansas Statues Annotated 21-5417.
This statute only applies to crimes committed after July 1, 2014. Any crimes committed prior to July 1, 2014, would be charged under different statutes under the older penalties. If you believe you are a victim of elder abuse as defined under this new statute, or if you know of someone who may be, do not hesitate to report it to your local police station, your local prosecutor’s office, and/or your local Adult Protective Services office.

DCF To Hold LTC Collaboration Meeting






Department for Children and Families / Long Term Care

Collaboration Meeting

July 24, 2014 at 1:30 PM

DCF Learning Center Room A

2600 SW East Circle Drive South

Topeka, KS 66606.

You are invited to attend a collaboration meeting and round table discussion between DCF Economic and Employment Services, Adult Protection Services, KDADS, ADRC, KanCare MCOs, KDHE, PACE, and Long Term Care providersserving Brown, Doniphan, Jackson, Jefferson, Marshall, Nemaha, Osage, Pottawatomie, Shawnee, and Wabaunsee Counties.

The focus of this meeting will be representatives from each of the 3 MCOs offering information on Long Term Care, HCBS, Assisted Living, Hospice, and the stipulations of pre authorizations.  

We are looking forward to seeing many of you at the meeting.

Please RSVP to Ruth Santner at by July 17 so we can have time to print out any handouts used by the presenters and to get the room arranged to fit the number of persons attending.


DCF Learning Center  Room A

2600 SW East Circle Drive South

Topeka, KS 66606.

KDADS Survey Regions Changed Effective July 1, 2014


Effective immediately, the KDADS survey regions have changed.  Please view this map to see your new region. 

Please call KDADS at 785-296-1023 if you have questions

New Addition to Kansas State University Center on Aging Website- PEAK 2.0 Homes


The Kansas State University Center on Aging has made a new addition to their website.  They have added an interactive map with all PEAK participating homes pinned on it.  They also have mentor homes listed out, as well as a full listing of PEAK participating homes. 

Check out the new additions!

Notice to Providers about New Medicare Advantage Coding Requirement


Beginning July 1, 2014, CMS is requiring Medicare Advantage Organizations (MAOs) to submit Health Insurance Prospective Payment System (HIPPS) codes with all of their claims for care delivered to skilled nursing facility (SNF) and home health agency (HHA) patients. It may have an impact on the data SNFs will be required to submit to their plan partners. Click here for a link to AHCA’s member notice for helpful information about submission of claims.

New LTC TrendTracker is Coming- Make Sure You're Ready


This coming October, LTC Trend Tracker will receive a brand new upgrade! AHCA aims to make this free member resource easier for users to navigate, along with a more modern online look. This means the current platform will no longer be available to users starting October 31, 2014.

During this transition, members should take the following actions to prepare for the switch:

Account Administrators

Please verify your organization and user lists. These lists were sent out to organization account administrators in May. Please contact to receive your list.

Also, all current username and passwords will be changed at launch. So, please send us your information so you can log in in October. If we don’t receive verification from you, you will not be able to access the site.

Corporate Users

If you use the system for incentive purposes for staff, please download the data before October 31, 2014 for your organization.

All Users

New data will not be updated in the current LTC Trend Tracker system as of September 30, 2014.

There will be a new login in page for LTC Trend Tracker beginning on or around October 10. Please ensure you've bookmarked This will allow you to keep up with important updates to the upgrade.

AHCA and the LTC Trend Tracker team are looking forward to the launch of the new system in October. If you have any questions or need further information on this please email

AHCA’s Peggy Connerton will be back in Kansas during the Oct 22-24, 2014 KHCA/KCAL Convention and Tradeshow to roll out the new system and to help providers get the most out of LTC Trend Tracker.


Upcoming AHCA/NCAL FREE Webinars


Date & Time: Friday, July 11, 2014 – 1:00pm – 2:00pm(CST)

Webinar title: 2014 Aon LTC Liability Benchmark Analysis

Speakers:  Christian Coleianne, Associate Director and Actuary, Aon Risk Solutions 

Registration Link

Session Description: Each year, AHCA/NCAL support Aon’s efforts to conduct an actuarial analysis of general liability and professional liability (GL/PL) claim costs to the long term care profession in the United States.  This report is used often in the states as an advocacy tool to promote tort reform.  The specific objectives of the study include:

The specific objectives of this study are to:

                        Identify the overall trends in the cost of GL/PL claims for long term care

                        Identify state specific trends in the cost of GL/PL claims for long term care

                        Identify trends in frequency and severity overall and on a state by state basis

                        Explore the impact of Alternative Dispute Resolution (ADR) on GL/PL claims

                        Examine differences in claims costs segregated by payer type

 Learning Objectives:


Date & Time: Wednesday, July 16, 2014 – 1:00pm – 2:00pm(CST)

Webinar title: Understanding and Assessing Employee’s Full-Time Status Under the ACA

Speakers:  Nicole Fallon, Consultant/Director Health Care, CliftonLarsonAllen, LLP

Registration Link:

Session Description: A key aspect of implementing the employer shared responsibility requirements under the Affordable Care Act (ACA) is understanding whether each of your employees is full-time or not under the law.  This calculation is important in determining whether an employer is a large employer and may be subject to penalties under the law.  It is also essential in determining how significant the liability for those penalties may be.  Nicole Fallon of CliftonLarsonAllen will explain how an employer can determine whether an employee is full-time or not using both the monthly measurement and a look-back measurement period safe harbor.  You will have the opportunity to get your questions answered.

Learning Objectives:

1.      Review two options for determining employee status (full-time vs. part-time)

2.      Discuss pros and cons of using one method versus the other

3.      Receive a better understating of determining whether an employee is full-time or not using both the monthly measurement and a look-back measurement period safe harbor

Notice of Final Nursing Facility Medicaid Rates


The Secretary of State, in the most recent issue of the Kansas Register, displayed a notice from KDADS/KDHE regarding notice of final nursing facility medicaid rates. To view the release in full, click here

CMS Creates Provider Relations Coordinator Position


The Centers for Medicare and Medicaid Services (CMS) recently announced the establishment of a Provider Relations Coordinator to help increase program transparency and offer more efficient resolutions to providers affected by the medical review process (here).

The Provider Relations Coordinator’s purpose is to improve communication between providers and CMS.  While providers should continue to take questions about specific claims directly to the Recovery Auditor or Medicare Administrative Contractor (MAC) who conducted the review, providers can raise larger process issues to the Coordinator.  For example, if a provider believes that a Recovery Auditor is failing to comply with the documentation request limits or has a pattern of not issuing review results letters in a timely manner, CMS encourages providers to contact the Provider Relations Coordinator.  Prior to the establishment of this new CMS initiative, AHCA members often contacted AHCA staff to help facilitate an escalation of their medical review issues with CMS.  Hopefully this new process will help streamline the resolution of such issues.   

CMS indicted that providers can also send suggestions about how to improve the Recovery Auditor or MAC medical review process to the CMS Provider Relations Coordinator. 

The CMS Provider Relations Coordinator is Latesha Walker, and she can be contacted at:

 If you have any questions or are not satisfied with CMS follow-up when using this new process, please contact Dianne De La Mare or Dan Ciolek at AHCA.


CMS Proposes Payment Changes for Medicare Home Health Agencies for 2015


The Centers for Medicare & Medicaid Services (CMS) today announced proposed changes to the Medicare home health prospective payment system (HH PPS) for calendar year (CY) 2015 that would foster greater efficiency, flexibility, payment accuracy, and improved quality. Based on the most recent data available, CMS estimates that approximately 3.5 million beneficiaries received home health services from nearly 12,000 home health agencies, costing Medicare approximately $18 billion in 2013.

In the rule, CMS projects that Medicare payments to home health agencies in CY 2015 will be reduced by 0.30 percent, or -$58 million based on the proposed policies. The proposed decrease reflects the effects of the 2.2 percent home health payment update percentage ($427 million increase)and the rebasing adjustments to the national, standardized 60-day episode payment rate, the national per-visit payment rates, and the non-routine medical supplies (NRS) conversion factor ($485 million decrease).

To view full fact sheet click here!

Health-Promoting Pastimes That Benefit Us At Any Age


A recent article in "Aging in Stride", an electronic newsletter from Illuminage Communication Partners, makes us consider ways that we can maintain health in various fun ways.  First, walking for heart health is very beneficial.  The American Heart Association warns that retirement is no time to decrease the intensity of your lifetime of fitness.  Second, musical training boosts brain health.  Researchers from Emory University demonstrated that seniors who had played a musical instrument throughout their lives gained a brain fitness advantage. Lastly, bilingualism slows cognitive decline.  Researchers from Rotman Research Institute in Canada found that people who were raised bilingual experienced a delay of Alzheimer's symptoms. 

To view the full article click here!