LEGISLATIVE WATCH LIST
HOUSE BILLS
For a copy of full bill text go to www.house.mo.gov/ - then click on bill information – click on Bill Tracking – click on Bill List – then scroll to number and click on it.
HB 1631 – Creates the crime of sexual contact with a patient when an employee of or a person assigned to work in any health care or long-term care facility has sexual or deviate sexual intercourse with a patient.
2/10/2010 – public Hearing Completed – Senior Citizen Advocacy Committee
HB 1521 – Expands the Amber Alert System to include missing endangered adults, specifies the criteria for being a missing endangered adult, and changes the system’s name to Amber Alert and Silver Alert System.
2/10/2010 – Public Hearing Completed – Senior Citizen Advocacy Committee.
HB 1509 –Prohibits unsecured loans of $500 or less, commonly known as payday loans, from being facilitated, encouraged, solicited, advertised, or provided on nursing home or residential care facility property.
1/7/2010 – read Second Time – Hearing not scheduled.
HB 1449 – Adds an advanced practice registered nurse to the list of approved health care providers who are authorized to write a prescription to refer a patient to a physical therapist.
1/7/2010 – Read Second Time – Hearing not scheduled.
HB 1418 –Allows an employee who is injured on the job to select his or her own health care provider to cure and relieve the effects of the injury at the expense of the employer.
1/7/2010 Second Read – Hearing not scheduled.
HB 1364 – Prohibits payment under the Mo HealthNet Program for drug prescribed to treat certain sexual conditions and allows payment for all dental services including dentures.
1/7/2010 – Read Second Time – Hearing Not scheduled.
HB 1358 – Requires DHSS to strongly encourage long-term care facilities to institute policies encouraging familial involvement in the well-being and support of its residents.
1/7/2010 – Read Second Time – Hearing not scheduled.
HB 1298 – Prohibits the transfer of a mental health patient from one facility to another without the consent of the patient’s parent, legal guardian, or nearest know relative.
1/7/2010 – Read Second Time – Hearing not scheduled.
H B 1302 – Expands the Amber Alert System to include missing endangered adults, specifies the criteria for being a missing endangered adult, and changes the system’s name to Amber Alert and Silver alert system.
2/10/2010 – Public hearing completed – Senior Citizen Advocacy
HB 1235 – Establishes additional health care directives for a health care provider who is withholding or withdrawing artificially supplied nutrition and hydration under a durable power of attorney.
1/7/2010 – Read Second Time – Hearing not scheduled.
SENATE BILLS
For a copy of the bill full text go to www.senate.mo.gov/ - click on search for a bill – put in number including SB
SB 927 – Requires certification for certain contractors who work on fire sprinkler systems
2/11/2010 – second read and referred senate committee on Financial and governmental Organizations and Elections.
SB 842 –Modifies provisions regarding Mo HealthNet’s authority to collect payment from third party payers.
2/16/201 – SCS Voted Do Pass (wil/SCS/SBs 842, 799, 809) S Small business, Insurance and Industry Committee..
SB 639 – Authorizes a state false claims act for Mo HealthNet (Medicaid) fraus
1/13/2010 – Second Read and Referred S Judiciary and civil and Criminal Jurisprudence Committee
SB 606 – Adds comprehensive day services as a covered service under MO HealthNet
2/16/2010 – Hearing Conducted S Health, Mental health, Seniors and Families Committee
Heads up, Folks! We need to revisit those MDS Missing Resident Reports and how we handle Discharge/Reentry Tracking. There is also a message from CMS re your personal IDs. Joan Brundick has asked us to pass the following along to you:
1. Starting Feb 22, facilities can no longer register on the MDS welcome page for their personal ID’s. They have to complete a form. The attached memo explains the process.
2. CMS requires that Discharge and Reentry tracking forms be completed each time a resident leaves and/or returns to your home. However, the DHSS (during data collection) is finding many residents who are no longer in a home, but never had a discharge tracking form completed. So, you need to be sure that you are checking your Missing Resident Report monthly. It is the "MR........txt" report found on the Validation report.
For those MDS Coordinators who are newer and not familiar with the reports, the Missing Resident Report reflects late or missing assessments according to OBRA timelines (not PPS) and includes all residents whose most recent OBRA assessment was more than 138 days in the past. Be sure current residents are not in this report! Start with the most recent dates of missing reports and work backwards - was discharge tracking done?; check validation reports to be sure the assessment was accepted and not sent as "test" by mistake; is there a duplicate resident; were assessment dates entered correctly, etc.
Also if you discharge return anticipated and the resident does not return it is requested but not required that you go back in and do an additional discharge tracking saying discharge return not anticipated and what happened if you know. These residents will not show up on the missing assessment report but it will help keep both your reports and the state/CMS records cleaner.
This notice was also included in the DHSS List serve last week and Joan Brundick indicated that she will be contacting homes with large numbers on their MR report.
In the meantime, if you need further assistance, contact your QIPMO nurse or Joan at the dept
QTSO MEMORANDUM
MEMO
NUMBER: 2010-017
TO: QIES State Coordinators
CC: CMS Central and Regional Office Contacts
FROM: Erin Harris, QIES Technical Support Office
DATE: February 4, 2010
SUBJECT: MDS User Registration Link Removal – February 21, 2010
The MDS Individual User Registration link will be removed from the MDS State Welcome Page during the monthly scheduled downtime on February 21, 2010. After this date, facility users will no longer be able to self-register for MDS personal login IDs.
To acquire an MDS personal login ID, facilities will be required to complete and submit the New User/Revoke User Account Request form. This form is on the QIES Technical Support Office website (www.qtso.com).
Note: All information on the form must be complete in order for the request to be processed. Incomplete forms will be returned to the sender.
Complete the following sections of the form to request an MDS personal login ID:
•
Type of Request: Check the New MDS User Account checkbox.
•
New User Information:
⎯
User Name
⎯
User Phone
⎯
User E-mail Address
Note: The e-mail address included with the request must be accurate.
•
Provider Information:
⎯
Provider Name
⎯
Provider CCN
⎯
Provider ID (NPI)
⎯
Provider Physical Address
⎯
Provider Mailing Address
•
Contact Person / Administrator Authorization:
⎯
Contact Person Name
⎯
Contact Person Title
⎯
Contact Person Phone
⎯
Contact Person E-mail Address
⎯
Request Date
1
2
When the form is completed, fax or e-mail it to the QTSO Help Desk (fax and e-mail information are on the form). The form will be processed within five (5) business days. Individual users will be contacted via e-mail with the new MDS personal login ID.
Once the new MDS personal login ID and password are available, the user will be able to submit assessments and access CASPER Reports immediately. Access to Validation Reports will be available the following day.
Note: The New User/Revoke User Account Request form is to be used to request access for users who are directly employed by the facility, not MDS Corporate or Third-Party Service Bureau users.
MDS Corporate and Third-Party Service Bureau users will continue to use the Corporate Access Request and Third Party Service Bureau Request forms.
Use these forms to request new Corporate or Third-Party Service Bureau personal login IDs, or to associate an existing personal login ID with multiple facilities.
If you have any questions concerning this information, please contact the QTSO Help Desk at help@qtso.com or 1 (888) 477-7876.
Note: RC/AL licensees and applicants will adhere to the guidelines outlined in Chapter 344, RSMo, unless otherwise noted in this draft language.
Definitions
Long-term care facility - any residential care facility, assisted living facility, intermediate care facility or skilled nursing facility, as defined in section 198.006, RSMo, or similar facility licensed by states other than Missouri.
Nursing Home Administrator - a person who administers, manages, supervises, or is in charge administratively of a long-term care facility, including individuals who have ownership of a facility and/or individuals who share administrative duties and functions with others.
Residential Care/Assisted Living (RC/AL) Administrator - a person who administers, manages, supervises, or is in charge administratively of an assisted living facility or residential care facility. This includes residential care facilities that were licensed as a residential care facility II on or before August 27, 2006, and that continue to meet the licensure standards for a residential care facility II in effect on August 27, 2006, including individuals who have ownership of a facility and/or individuals who share administrative duties and functions with others.
License Required
No person shall act or serve in the capacity of RC/AL Administrator without first procuring a license from the Missouri Board of Nursing Home Administrators as outlined in sections 344.010 to 344.108. The RC/AL Administrator license is for administrators of residential care facilities and assisted living facilities, as defined in section 198.006, RSMo. This includes residential care facilities that were licensed as a residential care facility II on or before August 27, 2006, and that continue to meet the licensure standards for a residential care facility II in effect on August 27, 2006. Any individual who receives a license to operate a residential care facility or assisted living facility is not thereby authorized to operate any intermediate care facility or skilled nursing facility, as those terms are defined in section 198.006, RSMo.
Grandfather clause: Current licensed nursing home administrators are not required to take the RC/AL exams and are able to be in general administrative charge of any licensed long-term care facility. Those applicants applying for RC/AL licensure on or after the law goes into effect, will need to follow the statutes/regulations outlining the criteria for RC/AL licensure.
Qualifications for Licensure by Examination
An applicant for an initial license shall file a completed application with the Board on a form provided by the Board, accompanied by an application fee as provided by rule payable to the Department of Health and Senior Services. Information provided in the application attested by signature to be true and correct to the best of the applicant's knowledge and belief.
No initial license shall be issued to a person as a RC/AL Administrator unless:
(1) The applicant provides the Board satisfactory proof that the applicant is twenty-one years of age or over, of good moral character and a high school graduate or equivalent.
(2) The applicant provides the Board satisfactory proof that the applicant has had a minimum of three years' experience in health care administration or two years of postsecondary education in health care administration or has satisfactorily completed a course of instruction and training prescribed by the Board, which includes instruction on the needs properly to be served by long-term care facilities, the protection of the interests of residents therein, and the elements of good long-term care facility administration, or has presented evidence satisfactory to the Board of sufficient education, training, or experience in the foregoing fields to administer, supervise and manage a long-term care facility.
(3) The applicant shall be required to complete a 40-hour course of instruction prescribed and approved by the Board in RC/AL administration and shall pass the exam at the end of the course. If an applicant fails to make a passing grade on the RC/AL examination, such applicant may make application for retaking the 40-hour course of instruction in RC/AL administration and reexamine at the end of the course. If an applicant fails the RC/AL examination for the third time, the applicant shall be required to complete a course of instruction and training prescribed and approved by the Board. After completion of the Board-prescribed course of instruction and training, the applicant may reapply for examination.
(4) The applicant passes the national RC/AL examination administered by the Board. If an applicant fails to make a passing grade on the examination, such applicant may make application for reexamination on a form furnished by the Board and may be retested. If an applicant fails the national examination a third time, the applicant shall be required to complete a course of instruction prescribed and approved by the Board. After completion of the Board-prescribed course of instruction, the applicant may reapply for examination. With regard to the national examination required for licensure, no examination scores from other states shall be recognized by the Board after the applicant has failed his or her third attempt at the national examination.
(5) There shall be a separate, nonrefundable fee for each examination. The Board shall set the amount of the fee for examination by rules and regulations promulgated pursuant to section 536.021, RSMo. The fee shall be set at a level to produce revenue, which shall not substantially exceed the cost and expense of administering the examination.
Licensure by Reciprocity
The Board may issue a license through reciprocity to any person who is regularly licensed as a RC/AL administrator in any other state, territory, or the District of Columbia, if the regulations for securing such license are equivalent to those required in the state of Missouri. However, no license by reciprocity shall be issued until the applicant passes a special examination approved by the Board, which will examine the applicant's knowledge of specific provisions of Missouri statutes and regulations pertaining to residential care facilities and assisted living facilities. The applicant shall furnish satisfactory evidence that such applicant is of good moral character and has acted in the capacity of a long-term care facility administrator in such state, territory, or the District of Columbia at least one year after the securing of the license. The Board, in its discretion, may enter into written reciprocal agreements pursuant to this section with other states, which have equivalent laws and regulations.
Temporary Emergency License
The Board may issue a temporary emergency license for a period not to exceed ninety days to a person twenty-one years of age or over, who is of good moral character and a high school graduate or equivalent to serve as a RC/AL Administrator, provided such person is replacing a licensed RC/AL Administrator who has died, has been removed or has vacated the long-term care facility administrator's position. No temporary emergency license may be issued to a person who has had a long-term care facility administrator's license denied, suspended or revoked. A temporary emergency license may be renewed for one additional ninety-day period upon a showing that the person seeking the renewal of a temporary emergency license meets the qualifications for licensure and has filed an application for a regular license, accompanied by the application fee, and the applicant has taken the examination or examinations but the results have not been received by the Board. No temporary emergency license may be renewed more than one time.
Continuing Education
The RC/AL Administrator shall complete 20 hours of continuing education each year on subjects relevant to assisted living, as prescribed by the Board. A minimum of five hours must be in patient-care related offerings. The renewal application process will be the same as it is currently, pursuant to section 344.040, RSMo.