CMPs Reduced for Self-Reporting and Correction of Violations

 

The Centers for Medicare and Medicaid Services (CMS) released the final rule “Civil Money Penalties for Nursing Homes,” which allows proactive nursing homes to reduce civil money penalties (CMP) by 50% by self-reporting and promptly addressing compliance violations.  The rule, created through a section of the Patient Protection and Affordable Care Act, will become effective on January 1, 2012.

 

                To take advantage of the 50% reduction, a nursing home must meet the following conditions:

·         The nursing home must self-report the compliance violation before it is identified by CMS or the State.

·         The nursing home must correct noncompliance within 15 calendar days of the incident causing the noncompliance or 10 calendar days from the date the CMP was imposed, whichever is earlier.

·         The violation must not involve immediate jeopardy or patient harm.

·         The nursing home must waive its right to administrative hearings.

 

Under the new rule, an independent informal dispute resolution process will be available when a CMP is imposed.  Following an independent informal dispute resolution, CMP funds will be held in an escrow account pending completion of any appeal.  If the appeal succeeds, the CMP funds will be returned to the nursing home with interest.  According to CMS, CMPs currently range from $50 to $10,000 per day of noncompliance.

 

 

 

Tammy Schroeder

Paralegal   Office: 402-475-7011 Fax: 402-475-8912 tschroeder@knudsenlaw.com  Knudsen, Berkheimer, Richardson & Endacott LLP  3800 VerMaas Place, Suite 200, Lincoln, NE 68502  http://www.knudsenlaw.com

 

 

SPRING FREEZE

The Centers for Medicare & Medicaid Services (CMS) is making changes to its Nursing Home Compare website (http://www.medicare.gov/NHCompare/). In the interim, CMS is freezing the quality measure data and the five-star quality ratings that are currently on the site for a period of six months.

In an age where technology makes everything easier, the federal website Nursing Home compare function makes choosing a nursing home as easy as choosing the latest movie release based on a five-ranking system. The public can compare rankings of nursing homes before they make that all important decision.

Starting April 23, providers that had a bad previous quarter will have six months to mull over their sub-par ranking while the public absorbs this frozen data. By the time the data are unfrozen, new quality measure data from MDS 3.0 will have been collected.

By then, the site also will be giving consumers better opportunities to file complaints against providers with state survey agencies by including links to state complaint websites, and making state fax and phone numbers more prominent. Additionally, CMS will add instances of “enforceable actions” such as civil monetary penalties and denials of payment or new admissions.

 

 

 

Tammy Schroeder

Paralegal   Office: 402-475-7011 Fax: 402-475-8912 tschroeder@knudsenlaw.com  Knudsen, Berkheimer, Richardson & Endacott LLP  3800 VerMaas Place, Suite 200, Lincoln, NE 68502  http://www.knudsenlaw.com

 

Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Dept. Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and many not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

 

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Nebraskas Supreme Court to review Republican River status

http://www.businessweek.com/ap/financialnews/D9LLA0D81.htm

 

 

 

Jeanelle R. Lust

 

"We Help You  Deal With It."

Knudsen, Berkheimer, Richardson & Endacott, LLP

3800 VerMaas Place, Suite 200

Lincoln, NE 68502

402/475-7017  ext 1128 

402/475-8912 (fax)

402/440-3731 (cell)

 

 

Walking May Stall Decline of Cognitive Function

 

According to a recent study, walking five miles per week may stall the decline of cognitive function among those who are experiencing mild forms of dementia. 

 

To assess the impact that physical exercise might have on Alzheimer’s progression, Cyrus Raji, M.D., Ph.D., and colleagues analyzed the relationship between walking and brain structure in 426 adults.  Among the participants, 299 were cognitively healthy and 127 were diagnosed as cognitively impaired. 

 

For the study, participants were asked how many city blocks they walked in an average week.  Follow-up questionnaires confirmed that the number of blocks remained steady over time.  Participants also underwent MRI exams so researchers could measure changes in brain volume, and took the Mini-Mental State Exam, a test of cognitive skills, at various times throughout the study.

 

The study indicated that walking protects the brain structure in people with Alzheimer’s and mild cognitive impairment (MCI), specifically in areas of the brain’s key memory and learning centers.  Raji stated that those who walked five miles per week also had a slower decline in memory loss over five years.  In those diagnosed with MCI, the exercise reduced brain atrophy and cognitive decline by more than 50%.

 

The study also revealed that walking six miles per week is associated with a 50% reduction in Alzheimer’s risk in cognitively normal adults.

 

 

Jeanelle R. Lust

 

"We Help You  Deal With It."

Knudsen, Berkheimer, Richardson & Endacott, LLP

3800 VerMaas Place, Suite 200

Lincoln, NE 68502

402/475-7017  ext 1128 

402/475-8912 (fax)

402/440-3731 (cell)

 

 

A Class Act

 

The Community Living Assistance Services and Support (CLASS) Program, was created to provide assistance for individuals who need long-term care (LTC) services and have difficulty with activities of daily living. CLASS is the first federal and consumer financed LTC program in the United States. 

 

CLASS is a voluntary, government-run LTC insurance program that offers participants a single benefit plan with a daily cash benefit of $50, indexed to inflation. Beneficiaries can use the money to purchase nonmedical services to use either at home or at their chosen residence. There is no limit on how long a person can receive benefits through CLASS.

 

Currently, nursing home costs can average approximately $75000 per year while home care costs $20 an hour, these prices will increase in the succeeding years. Long term care services are utilized by elderly individuals and widely needed by people with disabilities. The CLASS Act also aims to revamp the untenable provisions in Medicaid by introducing consumer funded scheme that won't affect the overall public budget and mitigating the asset limit requirement. Most of the provisions in the CLASS Act aim to lessen the impact of outrageous long term care effects on people.

 

However, there are many concerns about the long-term fiscal soundness of the CLASS plan. The consensus of the American Academy of Actuaries is that CLASS poses “a significant and likely risk that, in a relatively short time period, the program will either need increased premiums and/or significant reductions. CLASS reduces the deficit in the short run because the government collects premiums for five years (2012–2016) but pays no benefits. The Congressional Budget Office estimates that premium payments into CLASS will exceed benefit payments out of CLASS only until 2030; the Centers for Medicaid and Medicare Services approximates that this will happen in 2025. Subsequently, CLASS adds to yearly federal budget deficits

 

Michael W. Khalili | Associate Attorney*

Knudsen Berkheimer, Richardson & Endacott, LLP
3800 VerMaas Place, Suite 200, Lincoln, NE 68502

( 402.475.7017 ext. 1156 | Fax 402.475.8912

* mkhalili@knudsenlaw.com | www.knudsenlaw.com

*Also admitted in Iowa & Washington

Weather

Readers of this blog will note two postings this year closing the office.  You may wonder – why is this being posted?  It is being posted as the most efficient method of notifying all employees of a weather related closure – which brings to mind the issue of employment policies for employers facing severe weather closing decisions.  Employers should consider the following in crafting their policies:

 

•        What standards will cause the business to be closed for the day?

·       Who will be the decision maker and how will that be told to the employees?

·       Will you allow early departures on days when bad weather looms?

·       Will employees be expected to take work home if they depart early?

·       Is working from home even a possibility for the employee?

·       Will you waive tardiness rules on severe weather days?

·       Are there essential employees that must report to work no matter the weather?

 

The Fair Labor Standards Act allows employers to exclude from pay time that employees are off for severe

weather. In other words, if an employee cannot attend work due to weather conditions, an employer does not have to pay the employee for that day unless:

•        an hourly employee telecommutes (or works from home) on the day of the absence; or

•        the employee is exempt.  I.e., Management employees receiving salary should generally be compensated on days the office is closed pursuant to the terms of their salary agreement. If, however, an exempt employee decides to take a day off due to severe weather when the employer is open, the employer can deduct that absence from the exempt employee’s pay.

 

Jeanelle R. Lust

 

"We Help You  Deal With It."

Knudsen, Berkheimer, Richardson & Endacott, LLP

3800 VerMaas Place, Suite 200

Lincoln, NE 68502

402/475-7017  ext 1128 

402/475-8912 (fax)

402/440-3731 (cell)

 

This email is not meant to relay any tax advice. This email may be privileged. DO NOT FORWARD THIS EMAIL WITHOUT ASSURING PROTECTION OF PRIVILEGED MATERIAL. Email may not be secure.  If you have received this email in error, please delete it.

 

Severe Weather Closing

The Knudsen Law Firm will be closed today, February 1, 2011, because of severe weather conditions.