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Congress picked the right week to take off – temps in D.C. were in the triple digits last week. And it’s not a dry heat.

When they return this week, we will renew our efforts to gain passage of legislation to extend the increased Medicaid funding for states through June 30, 2011. Several of our members have done grassroots advocacy on this issue while their members of congress were home on recess (district work period). We are not sure what form an extension might take, as the Senate is still at a stand-off on the “extenders” legislation that contained the extension.

There are also other issues on the horizon:

Anti-Arbitration Legislation
We are seeing renewed activity in the House Judiciary Committee on the Fairness in Nursing Home Arbitration Act (H.R. 1237), and the Arbitration Fairness Act (H.R. 1020). Both of these bills would prohibit pre-dispute arbitration clauses – in nursing home/assisted living entry documents under H.R. 1237 and in consumer contracts generally under H.R. 1020.

The Judiciary Subcommittee on Commercial and Administration Law discharged the two bills June 21 and we understand the full committee will take them up sometime this month. Consumer groups are lobbying heavily in favor of the legislation. We are strongly opposed and have posted grassroots materials on Contact Congress for AAHSA members.

RUGs IV/MDS 3.0
Next week, our own Iara Woody and two experts from Aegis Therapies will conduct another audio conference on the impending transition to the RUGs IV Medicare payment system for nursing homes. The extenders bill contained the provision we and other stakeholders have been seeking to restore the Oct. 1, 2010, effective date for all aspects of RUGs IV. It is unclear at the moment what other legislative vehicle may be available to get this done.

We also are making the MDS 3.0 manual available to members on-line, free of charge. Doing this electronically allows us to post the updates (which have been numerous) as soon as the information is available from CMS, without having to wait for a paper publication.

That’s all for now.

Enjoy the week.

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Happy Monday. It’s been a while since my last update, but here’s the latest from D.C.

Medicaid/Housing/Doc Fix/RUGs IV Fix
We anticipate a vote in the U.S. Senate this week on the “extenders” bill, H.R. 4213, which contains the 6-month extension of the increased federal Medicaid match (FMAP), new funding for the National Housing Trust Fund, prevention of a cut in nursing home Part B therapy reimbursement (related to physician payment schedule) and correction of the RUGs IV effective date.

The U.S. House of Representatives was unable to pass this package as one bill, so they passed the doc fix separately and left the FMAP increase hanging in limbo. We are pushing for the Senate to pass the package in one piece, but it is going to be a close vote, as concern is growing on the Hill over the federal budget deficit and voter perceptions of it.

We are working the phones on this end to gain Senate support for the package. We understand that this process is dragging on longer than we had originally thought it would, and many of our members have their own legislative issues going on. However, Senate contacts on the bill within the next few days will make the difference to the success we hope to achieve on H.R. 4213.

Please check out our Contact Congress materials.


Fiscal 2011 Budget and Spending

With all the concern over the federal deficit, Congress has been unable to bring itself to adopt a budget plan for the next fiscal year…and it appears increasingly unlikely they will do so.

Since passage of a budget usually precedes allocation of pots of money to the appropriations “cardinals,” the fiscal 2011 spending process has yet to really get off the ground. The House usually tries to have all of its bills well in hand by the July 4 recess, now a mere four weeks away.

The Senate, in turn, has a lot on its plate:  confirmation of a new Supreme Court justice, a big energy bill (think Gulf oil spill), a remaining supplemental appropriations bill for our two wars, and a defense authorization bill, to name just the top agenda items.

Not only are we fast closing in on the July 4 recess, but there are only eight weeks left for legislative activity before the August recess. When Congress returns in September, they will be in session only a few days before recessing again for Rosh Hashanah and Yom Kippur. And it is likely that Congress will stick with the planned early October adjournment date because of heightened concern in both parties over the midterm elections.

What All This Means
The regular appropriations bills covering aging services have even less of a chance than they usually do for consideration as separate legislation. Our programs, normally covered by the Transportation/HUD and the Labor/Health and Human Services bills, will likely be funded under an omnibus spending bill, probably passed in September before fiscal 2011 begins October 1.

That is the best-case scenario, which would give us at least some chance of increased funding.

Worst case, we will get funding under a continuing resolution, which would leave funding at this year’s levels for housing and Older Americans Act programs (Medicare and Medicaid are not dependent on annual appropriations).

But we live in hope. Have a great week.

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AAHSA has been all over Capitol Hill lately!

On May 26th, AAHSA attended a “A Roundtable on Seniors & the Economy” meeting presented by the House Democratic Caucus’ Senior Taskforce.  The event featured speakers from various organizations, including AARP, the Urban Institute,  the OASIS Institute, and many more.  Rep. Jan Schakowsky (D-Ill.) and Rep. Doris Matsui (D-Calif.), co-chairs of the taskforce, led the meeting.  Also popping in and out of the meeting were the following taskforce members:  Rep. Laura Richardson (D-Calif.), Rep. Dina Titus (D-Nev.), Rep. Ron Klein (D-Fla.), Rep. Curt Schroder (R-Pa.), and Rep. Lucille Roybal-Allard (D-Calif.).

The group engaged in a lively discussion about the president’s fiscal commission, the importance of improving access to senior work programs (specifically the SCSEP program), and the implementation of the CLASS Act.  The taskforce also asked all in attendance to share their organization’s documents in an effort to help them educate their older adult constituents about available existing senior programs and about new programs/changes resulting from health care reform.

Some representatives also took this opportunity to educate us about new bills that they have been working on that relate to senior issues. Rep. Richardson discussed a bill that would make changes to Title V of the Older American’s Act that deals with (again!) the SCSEP program.

Rep. Schakowsky shared information about her bill, the Inclusive Home Design Act of 2009 (HR 1408), which would require all newly constructed, federally assisted, single-family houses and town houses to meet minimum standards of visitability for persons with disabilities.

Rep. Schakowsky also talked about another one of her bills, the Technology Bill of Rights for the Blind Act of 2010 (H.R. 4533), which would seek to “provide for a study and report on access by blind consumers to certain electronic devices and to provide for the establishment of minimum nonvisual access standards for such devices and for the establishment of an office within the Department of Commerce to enforce such standards, and for other purposes.”

All in all, it was a good meeting with a variety of key stakeholders on the Hill.  AAHSA will continue to represent its members in any (and every!) way that we can on Capitol Hill … networking, networking, networking!

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My post’s title is a great piece of advice I got from a college professor about professional development, but I think it’s useful in a variety of situations.  It comes down to opening yourself up to new opportunities and possibilities by staring barriers like protocol and perceptions in the face.

I think many AAHSA members should take this advice when it comes to advocacy. Many of these organizations are good a responding to calls for action when it comes undereimbursement or unjust regulations. However, I think many neglect to see the power of being proactive with the legislator who decide whether or not those same policies become law.

Election season is the perfect time to stop responding and start asking.  Ask the Congressional candidates in your district to tour your organization and visit with the older constiuents you serve. Encourage staff members to talk about how rising costs and falling funds makes it difficult to do their job well. Help these candidates put names and faces with the statistics they see about our field. And help your organization become the “go-to” community for these leaders when it comes to issues related to aging services.

AAHSA’s Web site has a sample invitation letter you can use as well as a  Contact Congress system where you can find the contact information for your Congressional candidates. AAHSA also can help you promotional tools, press releases and technical assistance to host a successful event.

Stop waiting. Start asking.

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It’s been more than a month since Congress passed the Patient Protection and Affordable Care Act (PPACA), better known as the health reform bill. I can’t say I know anyone who has  read the bill cover to cover. And I can’t say it is completely clear what the bill means for aging services. 

However, AAHSA’s working hard to make it easier for people to understand what PPACA means for AAHSA members, their employees and older adults nationwide. Our Health Reform Hub is a “one stop shop” for the information and resources on health reform and our field. The site includes a one-page summary of the bill that’s much easier to understand than the 2,000-page version as well as an  implementation timeline that can help you make sense of what happens when. There’s also a summary of the bill’s employer provisions that will continue to update as we learn more. Here’s a list of resources we’ve added to hub in just the past few days:

There is a lot of information on our hub, but we know it’s only the beginning. What resources would help you understand this bill’s importance to you, your organization and the people you serve?

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Larry and Marsha honor Hill staffers

Larry and Marsha honor Hill staffers

We had a little party on Monday at AAHSA to celebrate our successful fight to include in health care reform the Community Living Assistance Services and Supports (CLASS) Act and other provisions beneficial to long-term services and supports.  We decorated the conference room with red, white and blue banners and welcomed friends to our celebration. We were very honored to have a number of Hill staffers including Connie Garner from the Senate Health, Education, Labor and Pensions (HELP) Committee.

Many of our partner groups joined us as well. I’ve been lucky enough to work closely with many of these groups on media outreach and call-in days, so it was nice to see many people whom I now consider friends.  I was also glad that the rest of my AAHSA colleagues got to meet some of the remarkable people who worked with us on Capitol Hill meetings, Roll Call ads, call-in days and other efforts to do our part on health reform.

No matter how you feel about the outcome of health reform, I think that all of us in the AAHSA community should be proud of the friends we made through health care reform and the movement we created as a community of advocates.

The other essential component of that movement is, of course, AAHSA members. Across the country, they planned call-in parties, took busloads of residents to town hall meetings, served as ambassadors, and made the sometimes intimidating decision to stand up and support a controversial piece of legislation.

I was one of the lucky AAHSA employees who got to learn about and support their efforts.  They inspire me with their commitment. I am truly awed by the opportunities I have had as part of the effort.

When health reform legislation passed late on a Sunday night in March after a highly partisan debate and party line vote, I found myself feeling like we had an anti-climactic resolution.  Victory was not quite as sweet as I had imagined or hoped. It felt good on Monday to have a moment to appreciate how remarkable our achievement was. I hope that all of the community champions of the CLASS Act will also take a moment to do the same.

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On Apr. 20, AAHSA, along with other members of the Leadership Council of Aging Organizations (LCAO), helped coordinate a briefing for House staffers on the Older American’s Act (OAA).  The purpose of the briefing was to provide the staffers with information on the various Titles in the Act and the purposes that each Title serves.  It also featured our “ask” of having the funds for the OAA increased by 12 percent across the board for fiscal year 2011. Finally, this educational session was also meant to spark the interest on the Hill because the OAA is up for Reauthorization in 2011.

This event was well-attended (the staffers outnumbered the chairs for the first time!!), and featured some great speakers from various national older adult organizations.  One of the speakers, Peggy Ingraham
senior vice president for public policy at Meals on Wheels Association of America (MOWAA), provided a gut-wrenching testimony that forced the audience outside of their comfort zone.  Peggy, having worked for MOWAA for a long time, shared with the audience multiple stories about Meals on Wheels’ recipients and how much these meals mean to them.

Peggy talked about a low-income trailer park in Pennsylvania, where residents proudly displayed the American flag and had hand-written “God Bless America” signs adorning their front doors.  Inside of their homes, however, Peggy and other members of her staff, quickly realized the intense level of poverty and the great reliance these older adults had on their Meals on Wheels.

Before she concluded, Peggy asked all in attendance to take 6 minutes of their time to watch a YouTube video on one of their programs, entitled The Rural Initiative (above). Having just viewed the video myself, I am asking that all of you also watch this video.  It puts a human face on the poverty of Older Americans.  It no longer becomes a case of citing statistics about how many older adults go hungry each day, it forces you to actually understand how much people rely on these programs.

The Older American’s Act is a “small” government program (especially in terms of dollar amounts when compared to other governmental programs), but it is essential.  It not only provides meals to older adults in need (both home-delivered and congregate), it also provides adult day services, ombudsman services, caregiver programs, and much more.  The OAA is doing what it can with what it has … but it needs more. Please Contact Congress and tell your legislators to support more money for meals programs under OAA.

And tell us if you have a story about how OAA funds are helping you, the organization for whom you work, or the older adults in need in your community.  If we don’t put a human face on what the OAA does, no one will ever understand the magnitude of its importance.

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A few months ago if you were to type “CLASS Act” into Google, you’d mostly read about a movie from the early 90s staring the comedy/rap duo Kid n’ Play. Today, you’ll still find links to that very forgettable movie, but you’ll also now see a couple links pointing to information on the Community Living Assistance Services and Supports (CLASS) Act, which was signed into law as part of the Patient Protection and Affordable Care Act.

While CLASS garnered little attention during the health bill debate, a lot has been written since it’s passage. Some accurate, some politicized. NPR had yet another accurate piece on CLASS this morning. Yesterday’s Washington Times editorial, however, didn’t even bother to research how the CLASS program works. The editorial was so rife with inaccuracy that MediaMatters for America really tore it apart.

CLASS was not sneaked into the reconciliation bill, as the Times editorial suggests. It isn’t a ponzi scheme. Nor was it created simply as a gimmick to make health reform look more budget friendly. The CLASS Plan — which I must remind you is voluntary — is funded by participants’ premiums and earned interest, not tax subsidies. In fact, the bill prohibits using tax dollars to pay for benefits. The premiums are “to be determined,” but we know there will be lower premium options for students and the poor. The law does make clear that the daily benefit will be no less than $50.

The program is solvent for 75 years, and the trustees are required to maintain the program in balance, so the CLASS “bank account” never runs dry.  Obviously, there will be periods of building up reserves and periods when those reserves are drawn down, but the account never runs out of money.

The Congressional Budget Office (CBO) estimates a $70 billion net deficit reduction over 10 years, including a substantial reduction in Medicaid spending as some individuals who normally would have relied on Medicaid would have CLASS benefits.

The CLASS benefits will really help. They have been years in the making. In the 1990s, about the time of the aforementioned Kid ‘n Play movie, the Pepper Commission pointed out that long-term care was an “insurable event” that has for years been ignored. Well, thanks to the hard work of the late Sen. Ted Kennedy (D-Mass.) and others we can now say long-term care is an “insured event” that is no longer being ignored.

If you have any questions about the CLASS Act, send me an email. I’ll do my best to gather some information from one of our resident experts here at AAHSA.

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Source: Creative CommonsPicture this: your 90-year-old aunt is dying of cancer. She’s moved into a nursing home to receive hospice care, part of which includes receiving pain medication.  No problem, right? Wrong. The U.S. Drug Enforcement Administration (DEA) requires that prescriptions for pain management medications like  Vicdoin or Percocet are signed by a physician before they can be filled. That’s hard when doctors are serving several nursing homes and their residents simultaneously.  The result? Residents have to wait to get relief.

Yesterday, the Senate Special Committee on Aging held a listening session on this issue and how it impacts people’s quality of care and life. One solution that AAHSA advocates is allowing  nurses to  fill prescriptions based on a doctor’s verbal orders instead of taking the extra steps the DEA requires.  Formally speaking, the nurse is a “de facto agent” for the doctor.  Informally, empowering a nurse to help residents get pain relief would be recognized as part of his or her job.

The “DEA Delays” already cause programs. A  Quality Care Coalition for Patients in Pain survey of physicians, nurses and pharmacists found that 65 percent of respondents  have experienced unnecessary delays. In Ohio (where I’m from), that number jumps to 86 percent.  I don’t want my great Aunt Betty who lives there to have to wait.

Why should the DEA?

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The U.S. House vote last night was a monumental moment for our country, our field and our association.  We here at AAHSA could not be more pleased with the passage of health reform and the inclusion of the Community Living Assistance Services and Supports (CLASS) Act provisions in the bill.

I’d like to thank all those who worked to ensure that long-term services and supports were included in this transformational legislation.  Long after CLASS is serving Americans, the visibility we achieved and the relationships we forged will sustain our mission for the future.

Despite passing this tremendous milestone, our work is not done.  First of all, the U.S. Senate must pass the reconciliation bill without amendments.  Secondly, we must continue to educate America about the CLASS Act and why it will help all of us take responsibility for our care.

Many legislators and pundits still don’t get it.

Stay tuned for phase two…

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