Regulatory
New ACA Nondiscrimination Notice, Taglines Must be in Place Now
Steve Mould
As reported by OHCA’s legal counsel, Rolf Goffman Martin Lang LLP, all providers accepting Medicare and/or Medicaid funds must be aware of the new Affordable Care Act nondiscrimination rule, which requires covered entities to take numerous steps immediately, including modifying all “significant communications” to patients and residents. All significant communications to residents, including resident admission materials, must be revised to include a specific nondiscrimination notice and taglines in at least the top 15 languages spoken by individuals with limited English proficiency in the applicable state. The top 15 language by state can be viewed here, along with the taglines for each language here. The Implementation date was October 16, 2016 for providers to modify their significant communications. For information on this and other new Affordable Care Act nondiscrimination requirements, seeROLF’s blog post here.
National Core Indicators Data Collection to Begin Soon
Debbie Jenkins
DODD Director John Martin released a statement late last week that Ohio will once again participate in the National Core Indicators (NCI) Project. Interviews will be conducted with approximately 700 consumers of services across Ohio. The results of the interviews will allow Ohio to review outcomes of services with standard measures across states. The project will span the next couple of months and providers will be contacted by the Nisonger Center at The Ohio State University if any of the people they serve are selected to participate.
DODD Proposes Rule Changes
Steve Mould
DODD has issued notice of its intent to rescind, adopt, and amend the following rules on or about January 1, 2017, and to conduct a public hearing:
Rule 5123:2-7-12 entitled Intermediate Care Facilities - Medicaid Cost Report, Record Retention, and Disclosure Requirements is being rescinded and replaced by a new rule of the same number entitled Intermediate Care Facilities for Individuals with Intellectual Disabilities - Cost Report. The rule sets forth standards and requirements for Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICFIID), other than state-operated ICFIID, to submit cost reports to the Department and maintain supporting documents and records. Revisions incorporated into new rule 5123:2-7-12 include:
- Aligning the rule with the current practice for submitting cost reports and requesting filing extensions;
- Correcting references to the Revised Code, the Administrative Code, and the Ohio Department of Medicaid;
- Incorporating provisions of currently effective rule 5123:2-7-19 (which is being rescinded); and
- Reordering the rule in a more logical manner.
Rule 5123:2-7-19 entitled Intermediate Care Facilities - Nonreimbursable Costs is being rescinded because its provisions are being incorporated into new rule 5123:2-7-12. Rule 5123:2-7-19 sets forth costs that are not reimbursable to ICFIID through the prospective cost reporting mechanism.
Rule 5123:2-9-39 entitled Home and Community-Based Services Waivers - Waiver Nursing Services Under the Individual Options Waiver is being amended. The rule defines Waiver Nursing Services and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service. The rule is being amended to align payment rates with payment rates set forth in rule 5160-46-06 for the same service available under the Ohio Home Care Waiver administered by the Ohio Department of Medicaid.
Rule 5123:2-9-56 entitled Home and Community-Based Services Waivers - Personal Care Aide Services Under the Transitions Developmental Disabilities Waiver is being amended. The rule defines Personal Care Aide Services and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service. The rule is being amended to align payment rates with payment rates set forth in rule 5160-46-06 for the same service available under the Ohio Home Care Waiver administered by the Ohio Department of Medicaid.
Rule 5123:2-9-59 entitled Home and Community-Based Services Waivers - Waiver Nursing Services Under the Transitions Developmental Disabilities Waiver is being amended. The rule defines Waiver Nursing Services and sets forth provider qualifications, requirements for service delivery and documentation of services, and payment standards for the service. The rule is being amended to align payment rates with payment rates set forth in rule 5160-46-06 for the same service available under the Ohio Home Care Waiver administered by the Ohio Department of Medicaid.
The rules are available for review at the Department's website and at the Register of Ohio website. The rules are also available for review at each county board of developmental disabilities. A public hearing on the proposed rule actions will be held on November 15, 2016 in the Lobby Hearing Room of the Rhodes State Office Tower located at 30 East Broad Street, Columbus, Ohio 43215. Written comments on the proposed rule may be sent to Becky Phillips, Administrative Rules Coordinator, by email; by fax to 614/752-8551, or by U.S. mail to 30 East Broad Street, 12th Floor, Columbus, Ohio 43215-3414. Please send copies of any comments to Steve Mould at OCID.
New Proposed Food Handler Requirements
Mandy Smith
The Ohio Department of Health (ODH) recently held another stakeholders meeting for all who would be affected by the Ohio Restaurant Association’s proposal to extensively expand the requirements for Level I Food Handler Certifications. ODH has agreed that due to the current extensive oversight, federal, state, and local requirements, and already requiring a Level II certified individual to oversee the dietary department of skilled nursing facilities and soon to be assisted livings in Ohio, that long term care including skilled nursing facilities, residential care facilities, and ICF-IID centers would be exempted from this requirement. This requirement, if it had moved forward, would have meant that almost every employee would require a Level I Food Handler Certification that works in an assisted living community, nursing facility, or ICF-IID that has more than 16 residents. Due to the person centered nature of our communities, many employees, not just food service employees would fall under this definition. OHCA thanks ODH for recognizing this unnecessary increase in regulations and exempting long term care providers as this would have been a great increase in costs to providers.