MDS 3.0. The first category of concerns center around successful implementation of the new resident assessment instrument for nursing facilities—MDS 3.0. It isn’t just a new assessment—it is a new way of operating and integrating functions within your facilities. If that wasn’t enough, we know it is also connected to payment so all the more reason to get it right. We hope we are giving you the right information you need in the right format to help you sort through the challenges. If you are unsure of your readiness, there are a few more opportunities coming up including a free webinar in October once it starts kicking in, where you can “ask the experts” questions you may have had. If it doesn’t cause your head to spin too much, be sure someone from your organization is going into the CMS website at least weekly to download their updates. 

Housing and Home and Community Based Services. For our Housing members there are a myriad of new state issues to deal with—changes to the Uniform Consumer Information Guide and contracts and new payment tools for elderly waiver clients. Add to that the state working groups on the uniform assessment and implementation of the new level of care criteria next year and we are quickly entering the overload zone. We will be covering a lot of these issues at the August Assisted Living & Senior Housing Summit and are currently working on updates to our Guide to Minnesota’s 2006 Assisted Living Law—we are just waiting for answers to our implementation questions from the state agencies.

Elections. For many, the elections just mean a “wait and see who wins” activity and hopefully an opportunity to vote in an August primary and a November general election. For some members and Association staff, we have been busy attending political fundraisers for state and federal candidates, meeting candidates, attending more political fundraisers, and planning for legislative forums in targeted districts. Our political action committee is also busy with responding to endorsement requests from various candidates.

Health Care Reform. Some days when I look at my three ring binder full of health care reform summaries I wish it were like the Medicare Catastrophic Act of 1988 which was repealed in short order—but I know that won’t happen. Too much political blood has been shed to date, so thousands of policy wonks are now busy in Washington working on regulations and interpretations. It will be a long 3 ½ years until full implementation. Thankfully, the American Health Care Association/National Center for Assisted Living (AHCA/NCAL) is now doing monthly updates on health care reform to include analysis and impact statements. Take a look at their Health Care Reform Resources Center when you have a chance (click HERE to access).

Other Federal Issues. Even though we are still fighting the battle to gain passage of an extension for the enhanced federal Medicaid match known as FMAP, that isn’t the only battle that takes up time and energy in Washington these days. There are issues with RUGS IV, new survey interpretations, and technology challenges. The Fairness in Nursing Home Arbitration Act and H.R. 1020, the Arbitration Fairness Act, are of continued interest by legislative leaders—we are expecting a mark-up yet this summer by the House Judiciary Committee. This action will move the bills one step closer to passage. AHCA/NCAL are opposed to both of these bills, so, if FMAP passes we may be encouraging members of Congress to take an extended recess this summer so we can catch up!

(The Fairness in Nursing Home Arbitration Act (H.R. 1237) would prohibit the use and enforcement of pre-dispute arbitration agreements in all long term care settings - including nursing homes and assisted living.The Arbitration Fairness Act (H.R. 1020) would prohibit the use pre-dispute arbitration agreements for all businesses and consumers. If the legislation were to become law, even residents who voluntarily chose to submit to pre-dispute arbitration would have that right to choose denied, a right that is not denied in any other consumer transaction.)