Issue: July 31, 2014

Published on July 30, 2014

Articles in this issue:

Are You Still Unsure about the Health Care Stabilization Fund?


Big Changes to Liability Insurance Next Year

As many of you know, Kansas licensed senior care providers will see big changes to their liability insurance policies effective January 1, 2015.

Due to changes in the Healthcare Stabilization Fund nearly all liability insurance policies for licensed senior living facilities must be canceled and rewritten effective January 1, 2015 with specific terms and conditions. Providers must pick a liability carrier from a short list of approved insurance carriers.[1]

What is the Healthcare Stabilization Fund?

Kansas House Bill No. 2516 effective 7/1/2014 renewed the Healthcare Stabilization Fund (HCSF) authorization along with a few changes and clarifications effective 1/1/2015. 

The most important change to KHCA members is that a health care provider is now defined as “…a medical care facility licensed by the state of Kansas”.[2]

Passage of the bill cements the applicability of a $250,000 cap on non-economic damages to senior care liability claims.  The Kansas Supreme Court decision Miller vs. Johnson upheld the $250,000 cap as constitutional and the decision referenced the unique quid pro quo relationship with statutorily defined healthcare providers.  The implication is that if you were not a defined healthcare provider under the HCSF, you would not have the benefit of the pain and suffering cap. Now, licensed senior living facilities are protected by the cap.

Participation in the HCSF is now mandatory for licensed senior living facilities: skilled nursing, assisted living and residential health. 

As of 1/1/2015, the facility must purchase general and professional liability insurance with the professional liability limits at $200,000 per occurrence and $600,000 per aggregate.  This primary professional liability insurance policy must be purchased from either a carrier admitted in Kansas or a risk retention group licensed to do business in Kansas.  Surplus lines carriers do not qualify.  (HealthCap RRG, endorsed by the KHCA, is approved.) The primary policy must now be a “claims-made” policy to comply with the fund’s requirements. 

The facility must also purchase one of three HCSF options for fund coverage: 1) additional limits of $100,000/$300,000 for 22% of the underlying premium; 2) additional limits of $200,000/$600,000 for 33% of the underlying premium or 3) additional limits of $800,000/$2,400,000 for 38% of the underlying premium. 

In the event of a facility sale, extended reporting periods (ERPs) or “tails” will need to be purchased from both the primary insurance carrier and the HCSF.  Note that after five years of participation in the HCSF, the fund’s ERP coverage is free. 

For those facilities who choose HealthCap as the underlying carrier, HealthCap will bill you for your chosen surcharge amount and will remit both the HCSF surcharge premium and appropriate forms to the Kansas Healthcare Stabilization Fund.

How do we get a quote from HealthCap?

HealthCap is the only endorsed provider of liability insurance of the American Health Care Association (AHCA) and the National Center for Assisted Living (NCAL). HealthCap is also endorsed by KHCA and over 30 other provider associations.

In order to ease the transition to HCSF-compliant insurance, HealthCap is now accepting applications for liability insurance for Kansas facilities from any licensed insurance agent.

Please contact Cindy Luxem ( or Jeff Mason ( for more information.




64th Annual Convention and Trade Show Web App


KHCA/KCAL is moving forward with technology this year at our annual convention and trade show!  Do you have a smart phone?  Tablet?  Computer?  Good!

We are pleased to announce that we are developing a web app for your benefit.  Each week leading up to convention, we will fill you in on different aspects of this app, and how you can best use it to get the most out of the educations presentations and trade show exhibitors. 

This week's highlight is the apps basic features. Here is what we can do with the app:

Here is what you can expect to do with the app:

We are excited to share more with you as we go through this process for the first time ourselves.  This app will only be successful with your buy in and utilization, so We thank you in advanced for your adoption of our new technology.

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 Board Nominations


KHCA’s Nominating Committee is issuing a call for candidates for state-level association officers.  Elections will be held at the General Membership Meeting at the KHCA/KCAL Annual Convention and Trade Show in Wichita in October.  Those elected will begin their term at the beginning of 2015.

Following are positions to be filled:  Some positions have board members that can be re-elected for an additional two year term.



Education VP

Government Affairs VP

Membership VP

Facility Standards VP

Independent Owner VP

Multi-Facility (Regional) VP

If you are interested in submitting your name as a candidate for one of the mentioned positions, please send an email no later than August 14th, 2014. Forward to Cindy Luxem

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 packet!

Only one more month to nominate!

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.


PEAK 2.0 July Newsletter


In this issue:

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Recall of Emergency Light Fixture


The Consumer Product Safety Commission (CPSC) advises that Lithonia Lighting has recalled emergency lights due to a fire hazard.  These emergency light fixtures may be used in nursing centers and assisted living centers.  The link for the recall information provides a photograph of the fixtures as well as describing the potential danger and remedy. 

According to the notice, this recall involves the Quantum® series ELM and ELM2 emergency light fixtures and consumers should contact Lithonia Lighting to receive detailed instructions on how to locate the circuit board and series name and to order a free repair kit, which includes a new circuit board.

Observation Stays the Focus of Hearing


Washington, D.C. – The American Health Care Association and National Center for Assisted Living (AHCA/NCAL) commends Senate Special Committee on Aging Chairman Bill Nelson (D-FL) and Ranking Member Susan Collins (R-ME) for convening a hearing focused on the observation stays issue.  The hearing, titled Admitted or Not?  The Impact of Medicare Observation Status on Seniors, will take place today at 2:15 p.m. ET. 

“Today’s hearing is another step forward in addressing this critical issue,” said Mark Parkinson, President and CEO of AHCA/NCAL. “I’m hopeful that this positive momentum will continue and that those who need our services the most will see a fix to this problem soon.”

Hospital stays classified as observation, no matter how long and no matter the type or number of services provided, are considered outpatient.  These hospital stays do not qualify patients for Medicare-covered care in a skilled nursing center. 

Participating in the hearing will be ACHA/NCAL member Bob Armstrong, Vice President of Elder Care Services for St. Mary's Health System in Lewiston, Maine.  As a long term care administrator for over 29 years, Mr. Armstrong will speak about the impact the observation stays issue has had on residents and their families.  He will also ask that Congress pass and sign into law bipartisan legislation that Representatives Joe Courtney (D-CT-2) and Tom Latham (R-IA-3), along with Senator Sherrod Brown (D-OH) introduced.  The Improving Access to Medicare Coverage Act of 2013 (S. 569/H.R. 1179) seeks to count all hospital days spent in observation towards the three-day inpatient stay required for Medicare coverage of Part A skilled nursing care benefits. 

Mr. Armstrong will also speak about other legislation that he and AHCA/NCAL support. Representative Jim Renacci’s (R-OH-16) bipartisan Creating Access to Rehabilitation for Every Senior (CARES) Act of 2013 (H.R. 3531) eliminates the three-day inpatient stay requirement by allowing centers that meet particular criteria to automatically qualify to waive the prior hospitalization requirement.  A similar bill introduced by Representative Jim McDermott (D-WA-7) the Fairness for Beneficiaries Act of 2013 (H.R. 3144), seeks to also eliminate the three-day stay requirement.

A full version of Mr. Armstrong’s testimony is available here

Members of the public can watch the hearing live at:

For more information about observation stays and the three-day stay requirement, visit the AHCA/NCAL website.

AHCA/NCAL Social Media Webinar- FREE


Date & Time: Tuesday, August 12, 2014 – 11:00am – 12:00pm(EST)

Webinar title: Using Social Media to Your Advantage

Speakers:  Amy Mendoza, Senior Manager Public Relations and Member Communications, AHCA

Registration Link:

Session Description: This session will demonstrate how facilities can use social media to drive their message.  Topics include social media 101, effective posting, staff and resident engagement and analysis tools.  We will discuss privacy matters and other considerations when using social media at the facility/company level. Time will be set aside for Q & A.

Learning Objectives:

  1. Learn what social media is and is not
  2. Learn how staff and residents can be involved in social media
  3. See common practices for effective posting

2014 AHCA/NCAL Convention and Expo- Registration Available



AHCA/NCAL 65th Annual Convention & Expo

Join thousands of long term and post-acute care professionals at National Harbor on the banks of the Potomac River, just outside Washington, D.C., October 5-8. Don't wait-register today and get the maximum discount available.
The AHCA/NCAL Convention & Expo offers more than 60 education sessions with top-rated speakers from the field and from academia, special constituency events for targeted learning, plenty of networking opportunities, and one of the largest Expos supporting your special business needs. Our keynote speakers this year include Colin L. Powell, U.S.A. (Ret.), and Captain Richard Phillips. Pat Benatar and Neil "Spyder" Giraldo will headline the Gala Dinner & Show! Enjoy all this as well as access to the historic surroundings of our nation's capital.

Register at or

CMS Medicare Parts A to D Webinars Schedule


Join the Centers for Medicare and Medicaid Services (CMS) Office in Kansas City via webinar for two, half day educational sessions covering the different parts of the Medicare program.

If you serve beneficiaries, or pre-retirees, or just need a better understanding of Medicare Part A, Part B, Medicare Advantage (Part C), and the Medicare Prescription Drug Benefit (Part D), please register via one of the links below for the listed session. 

You can take the training from the comfort of your home or office if you have access to a computer and high speed internet as the conference is done via webinar and a toll-free audio line.

Lines are limited, so register early.

Mon, August 4, 2014

9am – 12pm CST

Medicare Parts A and B

Tues, August 5, 2014

9am – 12pm CST

Medicare Parts C and D


Wed, Sept 3, 2014

9am – 12pm CST

Medicare Parts A and B

Thu, Sept 4, 2014

9am – 12pm CST

Medicare Parts C and D


Mon, Oct 6, 2014

9am – 12pm CST

Medicare Parts A and B

Tues, Oct 7, 2014

9am – 12 pm CSR

Medicare Parts C and D


Mon, Nov 4, 2014

9am – 12pm CST

Medicare Parts A and B

Tues, Nov 5, 2015

9am – 12pm CST

Medicare Part C and D


Tues, Dec 2, 2014

9am – 12pm CST

Medicare Parts A and B

Wed, Dec 3, 2014

9am – 12pm CST

Medicare Parts C and D