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www.ohca.com
Fall/Winter 2016
The Oregon Caregiver
19
legal & Regulatory
Assisted Living, and Pioneer Network.
CEAL has been engaged with CMS
throughout their development of the new
HCBS standards.
CMS has informed CEAL that additional
guidance on dementia care as it
relates to the HCBS Final Rule will be
forthcoming.
Additional information on Oregon’s
plan can be found on the DHS website.
http://www.oregon.gov/DHS/SENIORS-
DISABILITIES/HCBS/Pages/Resources-
Oregon.aspx.
Linda Kirschbaum is the Senior VP Quality Services at OHCA.
Gwen Dayton, J.D., is the Executive VP & General Counsel at OHCA.
»
New CMS Nursing Facility Rules Here
A
fter an extensive comment period, CMS has released sweeping new nursing
facility Conditions of Participation rules. In the first major revisions to the
rules since 1991, CMS hopes to reduce unnecessary hospital readmissions,
reduce infections, and increase quality and safety in the care of nursing facility
residents. The changes include requiring facility and resident assessments that
drive other compliance requirements, ensuring staff training in care for residents
with dementia and staff competency to provide person-centered care, requiring
greater food choice for residents, requiring an infection prevention and control
officer, and strengthening the rights of residents. Notably, the rules also include a
prohibition on pre-dispute arbitration agreements for facilities that accept Medicaid
or Medicare funds.
Implementation of these comprehensive new rules is phased in. The first
implementation date is November 28, 2016, followed by a new wave in November,
2017, and then November, 2018. Among the rules subject to compliance by
November 28, 2016, are:
•
The prohibition on pre-dispute arbitration agreements. Agreements entered
into prior to November 28 remain effective.
•
Expanded resident rights.
•
Resident assessments.
In partnership with ACHA, OHCA is developing guidelines for compliance with
these imminent requirements. Expect that soon. If you have any questions, please
contact Gwen Dayton, J.D., OHCA general counsel at
gdayton@ohca.com.