STATE NEWS

KDHE Weekly Update for Local Partners Available
The slides and Q&A for the 10-28-21 COVID-19 Update for Local Partners webinar are available. You can access the recording of the webinar here.

The next COVID-19 Update for Local Partners will take place Thursday, November 4th at 10 AM CT. You can register for the webinar here. Password: KDHECOVID

FEDERAL NEWS

Limited Deadline Extension for Completing Phase 4 and ARP Rural Provider Relief Application Providers who submitted their Tax Identification Numbers (TINs) for validation prior to the October 26th application deadline and who subsequently have those TINs validated by the IRS, have until November 3rd at 11:59 PM ET to complete and submit the remainder of their application (the financial portion). Providers can access the needed resources to complete the application here.

Build Back Better Bill Released with New Details Available for Health Care Providers

House bill, part one: $450 Million for Section 202 in Build Back Better. The Build Back Better Act includes $150 billion for affordable housing programs, including $450 million for new Section 202 Supportive Housing for the Elderly homes (compared to the original bill’s $2.36 billion for the Section 202 program). The $450 million in funding is expected to build more than 7,000 affordable homes for older adults with very low incomes over the next ten years. To put into context how important these dollars are, for fiscal year 2021, Congress appropriated $52 million for new Section 202 homes. The bill includes $7.5 million for a new technical assistance center to help states better target services funding to older adult residents of affordable housing communities. LeadingAge will continue to work to expand the supply of Section 202 housing through the annual appropriations process. For more on the bill’s housing provisions, including the bill’s $880 million for new Section 8 Project-Based Rental Assistance, see this LeadingAge article.

House bill, part two:  The revised House bill contains many of the healthcare provisions in the original bill introduced in September, but at reduced funding levels. Funding to the states to expand HCBS has been reduced to $150 Billion from the President’s original goal of $400 Billion. Rather than expanding the Medicare program to include hearing, dental and vision benefits, the bill only includes hearing. The bill does permanently reauthorize the Money Follows the Person program, and permanently aligns HCBS spousal impoverishment protections with nursing home provisions. Several provisions address nursing home issues that have concerned Congress over the years. There are penalties for failing to accurately report required staffing data, resident assessment data and quality measures beginning 2026. The study on minimum staffing is included (without added Medicaid funds, which we will continue to advocate for). And $325 Million is allocated to CMS to improve the survey process, provide resources to improve the recruitment and training of surveyors. Here is an article on the health provisions.

House bill, part three: Build Back Better Framework Includes Historic Workforce Allocations. The Build Back Better Act framework announced by the president continues to include historic allocations that address the workforce crisis that aging services providers are experiencing. The bill makes new investments in long-term care providers and direct care workforce recruitment and retention. There are also new proposals addressing the behavioral health care needs of caregivers and several new initiatives targeted to the recruitment for hospice and palliative nursing and physician training opportunities. An article is available here and the following are a few highlights:

  • $1.6 billion for Nursing Home Workforce Training Grants
  • $150 billion Medicaid HCBS Expansion (see item 4, above; much of this is for workforce support)
  • $425 million to expand the Health Profession Opportunity Grants
  • $1 billion for Direct Care Workforce Competitive Grants
  • $20 million for Technical Assistance Center for Supporting Direct Care and Caregiving
  • $40 million in Funding to Support Unpaid Caregivers to address behavioral needs of unpaid caregivers
  • $20 million for Hospice and Palliative Nursing initiatives

VACCINE NEWS

EEOC Updates Guidance on Religious Exemptions to Vaccine Mandates 
The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on federal anti-discrimination laws and religious exemptions to COVID-19 vaccine mandates. The highlights of the updated guidance include:

  • Employees must inform their employer if they are requesting an exception to a vaccination, but they do not need to use any “magic words,” such as “religious accommodation” or “Title VII,” when making the request.
  • An employer should assume that religious accommodation requests are because of sincerely held religious beliefs, but if an employer has an objective basis for questioning an employee’s sincerity, the employer could make a limited factual inquiry and seek additional supporting information.
  • Employers should consider all possible reasonable accommodations for an employee’s religious belief, including telework and reassignment, but the employer is not required to provide the accommodation if it would create an “undue hardship” on its operations.
  • An employer that grants some employees a religious accommodation from a vaccination requirement is not required to grant the requests of all employees who seek such an accommodation. 
  • An employer is not required to provide the religious accommodation preferred by an employee if other possible accommodations exist that also would effectively eliminate the religious conflict and do not cause an undue hardship.

We will continue to monitor this area, especially with the impending publication of the CMS interim final rule on vaccine mandates for Medicare and Medicaid providers and the OSHA emergency temporary standard on vaccine mandates or weekly testing for large employers. 

LEADINGAGE KANSAS NEWS

Thanks For Joining Us on Our Weekly Webinar Today
We had a great Webinar Today featuring Ricky Turley from Lakeview Village regarding their high staff vaccination rates. We also heard the latest COVID updates from the state and federal perspective. No, we still don’t have the vaccine mandate rule from CMS.

Listen to the Webinar. Download the handouts.

If you haven’t already done so, register here for upcoming calls through the end of the year.

LEADINGAGE NATIONAL NEWS

Historic Investment in Older Americans
LeadingAge praised as an historic step the inclusion of resources for home care, affordable housing, and other key support for older adults in the president’s budget reconciliation framework. We’re thrilled to see many member needs met through the legislation and will detail provisions shortly. Read our media statement here, which praises lawmakers and reminds them that we’ll continue to fight for even greater investments to strengthen America’s aging services infrastructure.

LeadingAge Member Stories: Mitigating the Effects of Staff Shortages and Building a Culture of Trust
Our latest story shows how LeadingAge member Masonic Homes of California has weathered the pandemic with creative staff benefits and by relying on a strong workplace culture. The LeadingAge Story Collector makes it easy to tell your story by making a brief audio recording or writing in your story. Visit the Story Collector to tell your stories of innovation for the benefit of other members.

Monday’s Online Coronavirus Policy Update
On Monday at 2:30 PM CT, Scott McCall from PHI will provide insights and lessons learned from their most recent study, Workforce Displacement and Reemployment During the COVID-19 Pandemic: Implications for Direct Care Workforce Recruitment and Retention.

The call on Wednesday, November 3rdwill feature a great LeadingAge member panel discussion to talk about preparing for the upcoming holidays. We will have a great discussion with Beth Knoll from Rose Villa Senior Living, Marc Zirolli from Seabury Life, and Robin Garnett from Lutheran Senior Services about their planning efforts for Thanksgiving and the holidays in this new environment. If you haven’t registered for LeadingAge Update Calls, you can do so here.

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