STATE NEWS

Employer Responsible to Inform Out-of-State Nurses to Report to KSBN under HB477
A nurse that has an out-of-state license in good standing may work in Kansas under HB2477. Such a nurse must notify within 7 days of starting practice in the state. It is the responsibility of the employer to convey this requirement to the nurse when the employer brings the nurse into Kansas to work. Note: This provision about out-of-state nurses does not apply to a nurse with a multistate license that was granted in another member state of the NLC. Questions? Contact Carol Moreland, KSBN carol. moreland@ks. gov.

Here is an update from the Kansas State Board of Nursing (KSBN) that reviews the provisions of HB 2477 that will expire on January 20, 2023.

Kansas COVID-19 Cluster Summary       
As of January 27th, there are 96 long-term care facilities with clusters and 27 are LeadingAge Kansas Members.
Statewide Active COVID-19 Clusters     

• Clusters: 349
• Cases: 6,953
• Hospitalizations: 79

Kansas COVID-19: Case Rates      

• Cases: 709,838
• Total Case Rate Per 1,000: 243. 65
• Daily Cases Diagnosed: 1,560

Long-Term Care Facilities with Active Cluster Case Information

• Clusters: 199    
• Cases: 3,409
• Hospitalizations: 65

Source: https://www. coronavirus. kdheks. gov/160/COVID-19-in-Kansas   

FEDERAL NEWS

CMS Nursing Home Stakeholder call TODAY
Don’t miss the CMS nursing home stakeholder call, February 2nd at 2 PM CT. CMS and CDC will be on the call to discuss recent changes to guidance and answer common questions on the CMS vaccine mandate and nursing home visitation. Questions we anticipate being addressed include:

• What is and is not required for tracking contractor vaccination status?
• What types of contracted staff are subject to the mandate?
• Whether N95s/approved respirators are required for unvaccinated staff?
• How NHSN vaccination data will (and will not) be used for your survey?

We’ll also hear from providers (including a LeadingAge member!) about strategies to increase booster rates. Register for this call here. Note – due to high demand, CMS had to create a new link to register. Please do not use the old link you might have used in the past.

Letter from the CMS Administrator on Importance of Staff Vaccinations
Today, CMS Administrator Chiquita Brooks-LaSure issued a letter to health care facility administrators on the importance of COVID-19 staff vaccinations and the current CMS requirements. The letter urges health care administrators to implement the rule quickly, noting that systems that implement vaccine requirements “…are not experiencing dramatic staff losses.”  The Administrator also commits that CMS is “…prepared to help you navigate any challenges and answer any questions you have as you make sure your employees are vaccinated.” To view the letter, please click on this link or visit the CMS Emergencies Page.

Congressional Hearings Addressing COVID-19 Price Gouging Scheduled This Week
Last week, LeadingAge and several LTC organizations sent a joint letter to the White House COVID-19 Response Team coordinator requesting the federal government to look into exorbitant nurse staffing agency rates. More than 200 Members of Congress sent a similar letter to the White House requesting federal agencies investigate staffing firms conduct and pricing.

This week in Congress, Senator Richard Blumenthal (D-CT), Chair of the Senate Commerce Subcommittee on Consumer Protection, Product Safety, and Data Security will convene a hearing titled, “Stopping COVID-19 Fraud and Price Gouging,” at 2:30 PM on Tuesday, February, 1, 2022. This hearing will allow the FTC to address ongoing consumer price gouging scams that have resulted during the COVID-19 pandemic, and proposals to strengthen FTC enforcement against unfair and deceptive practices. Witnesses will include Samuel Levine, Director, Bureau of Consumer Protection, Federal Trade Commission.

The House Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) and Consumer Protection and Commerce Subcommittee Chair Jan Schakowsky (D-IL) announced the Consumer Protection and Commerce Subcommittee will hold a legislative hearing on Wednesday, February 2nd, at 9:30 AM CT), “Pandemic Profiteers: Legislation to Stop Corporate Price Gouging. ” This hearing will consider legislation (H. R. 675) to empower the Federal Trade Commission and state attorneys general with the enforcement tools they need to effectively go after price gougers. It is unclear whether this hearing will address issues specific to temporary staffing agencies but it is possible the tools discussed will be applicable. LeadingAge submitted questions specific to temporary staffing agencies which we hope will be included.

Witnesses include:

• Alex Harman, Competition Policy Advocate, Public Citizen
• Rakeen Mabud, Ph. D. Managing Director of Policy and Research and Chief Economist Groundwork Collaborative
• Sarah Frasch, Chief Deputy Attorney General and Director, Bureau of Consumer Protection Pennsylvania Office of the Attorney General
• Glenn Richey, Ph. D., Harbert Eminent Scholar and Chair, Department of Supply Chain Management, Auburn University – Harbert College of Business

VACCINE NEWS

FDA Approves Second COVID-19 Vaccine
Yesterday, the U. S. Food and Drug Administration approved a second COVID-19 vaccine . The vaccine has been known as the Moderna COVID-19 Vaccine; the approved vaccine will be marketed as Spikevax for the prevention of COVID-19 in individuals 18 years of age and older. Spikevax meets the FDA’s rigorous standards for safety, effectiveness and manufacturing quality required for approval. Moderna COVID-19 Vaccine has been available under emergency use authorization (EUA) for individuals 18 years of age and older since December 18, 2020.

Updates to CMS Vaccine Mandate Survey Documents for Nursing Homes
Last week, CMS updated the Vaccine Mandate Survey documents for Nursing Homes. The updates are effective as of January 27, 2022. There are new items on the entrance conference worksheet that need to be produced within 4 hours of entrance including a vaccine matrix that may be used for the mandatory task of infection control. CMS has outlined the surveyor steps they will follow during a nursing home annual or focused infection control survey. The links below will open to the main CMS page where the zip files can be accessed; look for the date of January 2022 for the updates.

• LTC Survey Process Revisions
• Entrance Conference Worksheet and Staff Matrix Survey Resources January 2022 (1/25/22)

Kansas COVID-19 Vaccination Overview as of 2/2/2022

• 4,111,332 Total Doses Reported as Administered     
   – First Dose: 1,916,794
   – Second Dose: 1,534,817
   – Third Dose: 659,722
• 5,242,550 Total Doses Distributed     
   – State Distributed: 2,945,800
• 61. 3% of Kansans Vaccinated with One Dose   
• 52. 8% of Kansas Completed COVID-19 Vaccine Series

Source: https://www. kansasvaccine. gov/158/Data  

LEADINGAGE KANSAS NEWS

Make Sure You are Registered for our Weekly Webinars
Register for 2022 here if you haven’t already.

LEADINGAGE NATIONAL NEWS

Today at 2 PM Central – Coronavirus Update Call with Dr. Monica Gandhi
As the current Omicron surge evolves and hopefully winds down, there still remains confusion as to where we are and where are we headed with the pandemic. On Wednesday, February 2nd at 2:00 PM CT, we will welcome back pandemic expert Dr. Monica Gandhi who will discuss the latest issues with COVID-19 and tackle your questions head on. If you haven’t registered for LeadingAge Update Calls, you can do so here.

USCIS Responds With New Guidance on Expedited Renewals for Employment Authorization Applications at USCIS
On December 3,  2021, LeadingAge joined the American Health Care Association (AHCA) and several long-term care organizations in sending another a Coalition letter to the U. S. Department of Homeland Security and the U. S. Citizenship and Immigration Service (USCIS), around the healthcare industry workers who are impacted by processing times when they are seeking Employment Authorization Documentation (EAD) renewal applications.

EADs, otherwise known as a work permit, are granted when an individual has a pending Immigration Petition for Permanence. The card permits non-citizens to legally work in the United States for a U. S. employer and it must be tied to an underlying status. For example, individuals may apply for a work permit because they have a pending work visa application.

In response to the concerns raised in the December 3rd Coalition letter, and others within the healthcare worker community, we received positive news from the USCIS. Effective immediately, healthcare workers who have a pending EAD renewal application, or an EAD that expires in 30 days, or has already expired, can request expedited processing of their EAD application. To determine whether an individual is a qualifying healthcare worker, the USCIS website now has information available here. Applicants can also request expedited processing by calling the USCIS Contact Center at (800) 375-5283.

Becerra Responds to LTC Coalition Request that HHS Release Additional PRF Quickly
LeadingAge along with other senior service organizations sent a letter on August 10, 2021 to the President and HHS Secretary Becerra and Deputy Secretary Andrea Palm explaining the need to get the remaining Provider Relief Fund payments into the hands of struggling aging services providers. We received a reply today from HHS. Secretary Becerra’s letter basically restates the current state of affairs that HHS/HRSA is distributing the remaining PRF as quickly and equitably as possible while trying to preserve program integrity. It does not say anything about the Biden Administration advocating for additional funds or even distributing the remaining PRF dollars faster.

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