This week saw KDADS’ response to the long term care issues we presented, including a presentation about what happened to nursing home rates this fiscal year (hint: you didn’t get a funding cut, just a reduction of your increase), a presentation from a consumer advocacy group accusing nursing homes of wanting to eliminate surveys and regulations in order to do such things as cover up cases of anal rape and tie residents to beds, and a claim from trial lawyers that the notion of “patients over paperwork” is a scam being perpetrated by nursing homes in order to deregulate. Not to worry, there were also some bright spots this week in discussions of stronger elder abuse prosecution, creation of dental therapists, and expansion of telemedicine.
Want even more details on this week, and what’s coming up next? Join our weekly policy call every Friday at noon. Hit reply to this email and ask Rachel for the call-in number.
The Message from KABC and Personal Injury Attorneys
On Tuesday, nursing home resident advocacy group Kansas Advocates for Better Care had their first opportunity to publicly share their views on nursing home survey issues with legislators. They made a 45 minute presentation chock full of claims, such as the fact that the nursing home industry is trying to eliminate surveys, survey reports, regulations and abuse reporting. (You remember asking for that, right?) KABC claims that any change to regulations or the survey system, including a more collaborative and less adversarial approach, will lead to nursing homes that smell like urine, understaff, and tie residents to beds and chairs. The group also claims that nursing homes want to even do away with the reports that come out of inspections, so they can hide from the public the cases of anal rape and similar abuses that are happening.
On Thursday morning, the Kansas Trial Lawyers Association held a breakfast at the statehouse, and provided one-page handouts on a range of subjects. This included, of course, nursing home regulations and surveys. Trial lawyers are warning state legislators not to bend to pressure from the nursing home industry to weaken surveys and decrease regulations. Their handout states that nursing homes have had historically limited oversight, and the condition of adults living in long term care have declined. They also reference the push for “patients over paperwork,” and its true purpose as a trojan horse for nursing home deregulation. (We admire their bold stance of paperwork over patients)
Did you spot any inaccuracies, mischaracterizations or flat-out lies in their materials? They feed this information to legislators, the media and the general public. Their very livelihoods are invested in the bad public perception of nursing homes.
Does it make you angry? Then it’s time to act.
And we don’t mean you calling up your legislator to refute KABC’s claims point by point. First of all, we refuse to give it any legitimacy. And second, it won’t work. The only way to change public perception, and recieve the support of your communities and legislators is by sharing your story and building relationships. When they hear from these advocacy groups, they have to be able to remember the fantastic and dedicated people in your organization, the residents they have met, the compassionate and high quality care you provide, and the mission you follow every day. It truly is the only real antidote. Today, and well into the future.
Are you ready to start? Great! We want to help! We will provide you all of the support you need to get started, or to strengthen the relationships you already have.
All you have to do is hit reply, and tell us that you’re ready.
Dental Therapist Hearing Produced Big Turnout
The Senate Pubic Health and Welfare Committee held a hearing Thursday morning on SB 312, the compromise bill from the dental association and dental board to allow the creation of dental therapists. (Just a reminder, dental therapists are a mid-level dental practitioner, similar in concept to nurse practitioners). The Kansas Dental Association, Kansas Dental Board, Oral Health Kansas, Dental Hygienists Association, and several actual dentists testified in support of the bill. Members of the dental project, including LeadingAge Kansas and Kansas Health Care Association, testified as neutral. None of the parties want to stand in the way of the bill’s passage, but we do have concerns about how the bill is worded regarding direct supervision by a dentist. Citing the continuing challenges in accessing dental care for residents, we advocated for all dental procedures that can be performed by a dental therapist to be allowed to occur inside a nursing home, not just a dental office. We also advocated for general supervision of a dentist for all dental therapy procedures in order to maximize treatment access for elders.
There was only one opponent to the bill, and surprisingly, it was a legislator. Representative Nancy Lusk (D-Overland Park) started to give her oral comments, but short on time, agreed to return Monday morning to the committee to finish her presentation.
Telemedicine Got an Even Bigger Crowd
Thursday afternoon, the House Health and Human Services Committee held a hearing on HB 2512, which would establish expanded telemedicine services and insurance coverage in Kansas. Supportive testimony for the bill was given by Blue Cross Blue Shield of Kansas and Kansas City, Kansas Medical Society, Kansas Hospital Association, Kansas Association of Community Mental Health Centers, and Teladoc (a telemedicine company operating in Kansas). The committee only had time to hear from the proponents. Neutral and Opposition testimony will continue on Monday.
Many provider associations, including LeadingAge Kansas, submitted neutral testimony on the bill. Providers are happy that a telemedicine bill may pass, but there are still concerns about the contents of the bill. Our concern, voiced by many others, is that the bill specifically references physicians and licensed mental health professionals as able to do telemedicine, but leaves out any mention of nurse practitioners and physician assistants. Other providers would like to be added to the bill, such as physical therapists and speech language pathologists.
Attorney General Trying to Toughen Up Elder Abuse Prosecution
The House Judiciary Committee held a hearing Wednesday on HB 2458 which makes several changes to elder abuse statutes to expand the ability to prosecute offenders.
The bill from the Attorney General would:
- Add mistreatment of a dependent adult or elder person to the list of inherently dangerous crimes
- Changes the definition of “elder person” from age 70 to age 60, in order to align it with every other definition of an elder person in Kansas law
- Adds physical abuse, neglect, and unreasonable punishment to the crime of mistreatment of an elder person
- Adds a new crime for persons who obtain a guardian or conservatorship under false pretenses, or who violate their fiduciary duties as a guardian or conservator
Bill Tracker
SB 195 and HB 2508 Requires KDHE to suspend (rather than terminate) medicaid eligibility for persons in a state hospital, nursing facility for mental health, or a correctional facility
SB 300 and HB 2507 Prohibits major changes to the Medicaid program without the consent of the legislature, instructs KDHE to withdraw its KanCare 2.0 application to CMS, and instead apply for a one year extension of current KanCare
SB 312 Licensure of dental therapists
HB 2427 Amends background checks in adult care homes to require fingerprinting, increases fees, and adds various new misdemeanor and felonies to the exclusion list
HB 2232 Electronic monitoring in adult care homes
HB 2458 Expands the type of crimes that qualify as mistreatment of a dependent adult or elder person
HB 2496 Nurse licensure compact establishing a multi-state license category
HB 2512 Establishes the Kansas telemedicine act
SCR 1609 Constitutional amendment limiting the authority to close schools to locally elected boards of education
