HUD Extends Service Coordinator NOFA

For more information, read here.

National Rules Proposed for State LTC Ombudsman Program

The Administration on Aging (AoA) has issued preliminary rules to regulate the functions and authority of LTC Ombudsman across the states in furtherance of the Older Americans Act.  States would have 1 year from final rule adoption to comply with the regulations.  The AoA expects no financial impact to either states or long term care providers.

Consolidation of HUD Offices: An Update

From Ross Business Development, an update on the latest happenings with HUD's Hub offices.

Fair Housing: HUD Posts New Rule for Comment

On July 19, the U.S. Department of Housing and Urban Development (HUD) issued for comment a proposed rule on Affirmatively Furthering Fair Housing (AFFH) to help program participants take more informed steps to overcoming historic patterns of segregation, to promoting fair-housing choice, and to fostering inclusive communities for all. Comments are due Sept. 17.

Fair Housing: HUD Posts New Rule for Comment - LeadingAge

HUD Service Coordinator Grant Update

All Service Coordinator and CHSP extension requests for Federal Fiscal Year 2013 are due to HUD field staff by August 1, 2013.

You can find this year’s guidance on HUD's website at http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/scp/resources.

If both your grant term expires and you will completely run out of money by December 31, 2013, you should submit an extension request by August 1.

HUD Senior Preservation Rental Assistance Contracts (SPRACs) Program Notice Posted

Deadline for applications is September 3, 2013.  An informational call will be held July 10 for those seeking more information. 

HUD Reinstates Developer Fee for Section 202 Refinancings

The Department of Housing and Urban Development (HUD) announced in late June, 2013 that it would revise a notice that eliminated developer fees for refinances of Section 202 Supportive Housing for the Elderly properties.

A May 30 Notice on Updated Requirements for Prepayment and Refinance of Section 202 Direct Loans said that no developer fee is allowed from the proceeds of an FHA-insured Section 223(f) refinance of Section 202 direct loans. On June 26, HUD released a statement to the effect it would revise the notice due to feedback received from lenders, including the reinstatement of the developer fee.

HUD Offices to Close Nationwide on Friday, July 5th

HUD will close its offices nationwide on Friday, July 5 as a result of government-wide automatic spending cuts that took effect on March 1, 2013.   HUD will resume normal operation on Monday, July 8.

Skilled Nursing Facility Requirements for Hospice Published by CMS

The Centers for Medicare and Medicaid Services (CMS) published a final rule that revises skilled nursing facility (SNF)/nursing facility (NF) requirements for arranging provision of hospice care.

The new requirements clarify nursing facilities’ responsibilities for developing a written agreement with a hospice if a resident elects hospice services, and ensure that SNFs and NFs choosing to arrange for the provision of hospice care through an agreement with 1 or more Medicare-certified hospice providers will have a written agreement that specifies the roles and responsibilities of each entity.

The rule also clarifies the responsibilities of facilities choosing not to contract for hospice services, requiring these facilities to assist residents requesting relocation to transfer to a facility that will arrange for hospice services. Long-term care facilities will be required to have only 1 written agreement with each hospice that provides services in the facility. 

Pets: HUD Seeks Comments on Proposed Rule Allowing for Upfront Collection of Deposits

In the May 24 Federal Register, the U.S. Department of Housing and Urban Development (HUD) proposed a change in its regulations to no longer mandate the gradual accumulation of pet deposits in multifamily rental housing for the disabled or elderly residents.

Owners would have the discretion to provide for the gradual payment of the pet deposit and approved pet deposit increases, but this would not be required.
The proposed rule provides owners of housing the option to collect upfront fees.

Though gradual accumulation is still encouraged for the benefit of residents who may have difficulty meeting the full deposit requirements at one time, HUD suggests that the implementation of this proposed rule will result in some savings, however small, for the owners if they do not have to manage the monthly payments of pet deposits.

Comments are due by July 23. Members may also provide comments to LeadingAge at cbloom@leadingage.org .

Employers Must Pay New Excise Tax on Self-Insured Health Plans By July 31

From LeadingAge Washington Business Partner member CliftonLarsonAllen:

Employers that sponsor a self-insured health plan have until July 31, 2013, to submit an updated form and payment for a new tax requirement. Patient Protection and Affordable Care Act (PPACA) to fund the Patient-Centered Outcomes Research Institute (PCORI), a new initiative to improve health decisions by advancing comparative clinical effectiveness research.

Read more.

CMS Rolls Out QAPI Materials for Nursing Homes

After much anticipation, CMS is pleased to announce the rollout of Quality Assurance and Performance Improvement (QAPI) materials to help nursing homes establish a foundation to support and sustain QAPI. This is the first step in meeting the Patient Protection and Affordable Care Act requirement for CMS to develop a technical assistance program to help nursing homes establish best practices in quality.

Read the details here.  For more information, contact Bonnie Blachly at bblachly@leadingagewa.org

HUD Released New EIV Requirements May 6

Multifamily Housing EIV System 9.5 update was successfully released on Monday May 6, 2013. Linked here are the new functionalities that have been added to Multifamily EIV.

CMS Guidance Issued: Dementia Care in Nursing Homes

CMS just released the following Survey Guidance on Dementia Care in Nursing Homes: Clarification to Appendix P State Operations Manual (SOM) and Appendix PP in the SOM for F309 – Quality of Care and F329 – Unnecessary Drugs (05-24-13).  This memo clarifies Appendices P and PP related to nursing home residents with dementia and unnecessary drug use.

Also released is a letter regarding the availability of a training video: Release of Mandatory Surveyor Training Program on Care of Persons with Dementia and Unnecessary Antipsychotic Medication Use – Release of Third Video

 

 

HUD Housing Pet Deposits: Rulemaking Open For Comment

HUD issued a proposed rule intended to harmonize its pet deposit policies. Specifically, it would revise the regulations governing the manner in which an owner of HUD-assisted multifamily rental housing for the elderly or persons with disabilities may require tenants of such housing who maintain pets to pay a pet deposit. The mandate to gradually accumulate a pet deposit would be removed. This proposed rule would provide owners of covered multifamily rental housing with the discretion to determine whether to gradually accumulate a pet deposit, thereby bringing consistency to the pet deposit requirements for HUD rental housing programs and better enabling owners to handle the costs associated with pet ownership by tenants.   To comment, contact Julie Martin.

This proposed rule only applies to policies for pets and not to service or assistance animals for persons with disabilities.

The current regulations are found here.

Assistance or Companion Animal?

An assistance/companion animal is not a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability.

Housing providers are to evaluate a request for a reasonable accommodation to possess an assistance/companion animal in a dwelling using the general principles applicable to all reasonable accommodation requests. After receiving such a request, the housing provider must consider the following:

1. Does the person seeking to use and live with the animal have a disability — i.e., a physical or mental impairment that substantially limits one or more major life activities?
2. Does the person making the request have a disability-related need for an assistance/companion animal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person's existing disability?

If the answer to question (1) or (2) is "no," then the Fair Housing Act and Section 504 do not require a modification to a provider's "no pets" policy, and the reasonable accommodation request may be denied.

Where the answers to questions (1) and (2) are "yes," the Fair Housing Act and Section 504 require the housing provider to modify or provide an exception to a "no pets" rule or policy to permit a person with a disability to live with and use an assistance/companion animal(s) unless doing so would impose an undue financial and administrative burden or would fundamentally alter the nature of the housing provider's services.

Additional information about owner/agents responsibilities in regards to assistance and companion animals, including verification instructions, is incorporated into HUD's recent final rule.

CMS Issues Survey Guidance Re: Hospital Discharge Planning

Citing expectations for collaboration with post-discharge providers, including HCBS and housing, to enhance care transitions and partnerships, the new CMS Survey letter can be found here.  For an overview of the findings, read below. 

HUD Offices To Close Nationwide on Friday, May 24th

HUD's seven furlough days are to be paired with holidays & weekends to ease their impact.

HUD Plans to Restructure the Office of Multifamily Housing - Seattle Office to Be Affected

The U.S. Department of Housing and Urban Development (HUD) on April 24 announced a series of restructuring and systemic changes within its Office of Multifamily Housing Programs and the Office of Field Policy and Management (FPM).  The Seattle office will be one of the HUBS affected.

LeadingAge: How HUD Plans to Restructure the Office of Multifamily Housing

Service Animals: Important Fair Housing Guidance

For a great analysis of the guidance and how it affects providers under the Fair Housing Act, click here.

For information, contact Julie Martin.