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Therap sponsors North Carolina Council of Community Programs’ 2016 Conference

Therap is a proud sponsor of the North Carolina Council of Community Programs’ 2016 Conference which is going to take place at Pinehurst Resort, Pinehurst, NC from December 7-9. North Carolina provider agencies currently use Therap to meet documentations needs, including demographics, person centered individual support plans, care plans, medication administration records and progress notes. Stop by our booth to find out what’s new in Therap and what lies ahead. We’re excited to share some of the best user experiences and Therap content and hope you can join us!

By |2016-11-03T10:01:43+00:00October 31st, 2016|Categories: Conferences|Tags: , , |Comments Off on Therap sponsors North Carolina Council of Community Programs’ 2016 Conference

U.S. Court of Appeals Unanimously Upholds DOL Home Care Rul

U.S. Court of Appeals Unanimously Upholds DOL Home Care Rule

 

Thank you for your engagement with the Department of Labor’s Wage and Hour Division regarding the Home Care Final Rule.On Friday, August 21, the U.S. Court of Appeals for the District of Columbia issued a unanimous decision upholding the Home Care Final Rule. DOL issued the statement below, which is available on our website at http://www.dol.gov/whd/homecare/litigation.htm

This site will be updated with any changes related to litigation, so please check back for updates.

Today’s decision from the U.S. Court of Appeals for the District of Columbia is vital to nearly two million home care workers, who will now qualify for minimum wage and overtime protections. The decision confirms this rule is legally sound. And just as important, the rule is the right thing to do — both for employees, whose demanding work merits these fundamental wage guarantees, and for recipients of services, who deserve a stable and professional workforce allowing them to remain in their homes and communities.

The DOL has led an unprecedented implementation program to help employers prepare for compliance, including offering an extensive and individualized technical assistance program, providing a 15-month period before the effective date to aid compliance, and adopting a time-limited non-enforcement policy. DOL has repeatedly encouraged states and other employers to take the necessary steps toward implementation. The Department continues to stand ready to provide technical assistance to states and other entities as they implement the Final Rule.

CMS Releases Heightened Scrutiny Guidance for Home and Community Based Services (HCBS) Rules

Washington, DC (June 26, 2015)

The Centers for Medicaid and Medicare Services (CMS) issued guidance on how they intend to address “heightened scrutiny” for settings that are subject to the home and community based services (HCBS) rule that went into effect on March 17, 2014.  The guidance restates the standard for settings that are presumed institutional (located in a building that is also a publicly or privately operated facility that provides inpatient institutional treatment, or in a building located on the grounds of, or immediately adjacent to, a public institution).  Additionally, any setting which has the effect of isolating individuals will be presumed to be institutional.  For any of these instances, a state may submit evidence to overcome the presumption and demonstrate how the setting does meet the HCBS standards set forth.  The new rules also offer states the option to develop “tiered standards for residential settings” which will allow states to “close the front door” to some providers while allowing existing providers of the same services to continue.  This means that a state could set one compliant standard for existing providers and set a different, higher standard for new providers.

Florida Medicaid Fee-for-Service Monitoring

AHCA Logo

 

Better Health Care for All Floridians
FLORIDA MEDICAID
A Division of the Agency for Health Care Administration
Florida Medicaid Health Care Alert
February 2015

Provider Type(s): 08, 23, 81, and 67

Medicaid Fee-for-Service Monitoring

Monitoring is being conducted to provide feedback to providers regarding their adherence to Medicaid requirements for recipients who are not enrolled in a Medicaid managed care plan.

The Medicaid Fee-for-Service Monitoring Unit has begun conducting monitoring reviews of service providers for the following programs:

  • Adult Cystic Fibrosis (ACF) Waiver
  • Model Waiver
  • Project AIDS Care (PAC) Waiver
  • Traumatic Brain Injury and Spinal Cord Injury (TBI/SCI) Waiver
  • Early Intervention Services (EIS)
  • Certified School Based Services Match
  • Medical Foster Care (MFC)

Providers will be contacted by telephone or e-mail for notification of the date of review and will receive a letter detailing the documentation the Monitoring Unit will review. A copy of the monitoring tool, based on state and federal Medicaid policy, for the specific service will accompany the letter.  After the review, a monitoring report/summary will be sent to the provider.

Medicaid Provider Agreement (5)(e) and section 409.907(3)(e), Florida Statutes, requires Medicaid providers to send, at the provider’s expense, all Medicaid-related information, which may be in the form of records, logs, documents, or computer files, and other information pertaining to services or goods billed to the Medicaid program, including access to all patient records to the Agency for Health Care Administration, Attorney General, or Federal Government entity.

LINKS

Florida Medicaid Web Portal | Florida Medicaid Health Information Network | Florida Medicaid HIPAA Information | HIPAA Transactions & Code Sets Standard | National Provider Identifier Standard (NPI) | Florida Medicaid EHR Incentive Program | FloridaHealthFinder.gov

QUESTIONS ABOUT FLORIDA MEDICAID?

Please direct questions about Medicaid policies to your local Medicaid field office. The Medicaid field offices’ addresses and phone numbers are available on the Field Offices Web page.

ALERTS INFORMATION

The Florida Medicaid program has created an e-mail alert system to supplement the present method of receiving Provider Alerts information and to alert registered subscribers of “late-breaking” health care information. An e-mail will be delivered to your mailbox when Medicaid policy clarifications or other health care information is available that is appropriate for your selected area and provider type.

Visit the Florida Medicaid’s Health Care Alerts page to subscribe now. You may unsubscribe or update your subscription at any time by clicking on the “Manage your subscription” icon in the footer of each e-mail. Other questions regarding the e-mail alert system can be sent to the Florida Medicaid Alerts Administrator.

© 2015 Agency for Health Care Administration

 

Court Ruling Related to the DOL Companion – Home Care Rule

This is a follow up to the DOL emails we sent earlier today.  After consideration of the parties’ pleadings, the arguments of counsel and relevant law, and the entire record in this case, plaintiffs’ motion for a partial summary judgment is GRANTED, defendants motion is DENIED, and the Department of Labor’s Third Party Employer regulation scheduled to go into effect on Jan 1, is VACATED.  See below for a summary on the decision.

The United States District Court for the District of Columbia has today issued a partial summary judgment on two pieces of a lawsuit filed by the Home Care Association of America and other plaintiffs related to the Department of Labor’s Home Care Rule. Please note that this information is not legal advice, and is shared after a swift and preliminary review of the decision.

The decision notes that after consideration of the parties’ pleadings, the arguments of counsel and relevant law, and the entire record in this case, plaintiffs’ motion for a partial summary judgment is GRANTED, defendants motion is DENIED and the Departments Third Party Employer regulation scheduled to go into effect on Jan 1, is VACATED.

The largest area implicated by this decision is the third party employer regulation, which withdrew the availability of the companionship and live-in caregiver exemptions from third parties.

Companionship Exemption

As you know, the companionship exemption was impacted in two important ways by the Home Care rule. First, the rule established that the companionship services exemption is not applicable when the employee spends more than 20 percent of his or her workweek performing care services. This portion of the regulation is NOT impacted by this decision, so the companionship exemption is available only when this percentage test is met.

Second, the rule set forth that the companionship exemption is not available to third party employers. This portion of the rule, called the Third Party Employer regulation, is impacted by this court decision by allowing third party employers to avail themselves of the exemption. This means that, for situations meeting the definition of and test for companionship, workers can receive straight pay, not overtime for work over 40 hours/week even when there is a third party employer.

Live in Exemption

Like the Companionship exemption, the DOL rule removed the availability of the live-in caregiver exemption from third party employers. This ruling allows third parties to utilize the exemption, enabling straight pay for live-in caregivers, including for those hours worked over 40.  For details on what constitutes a “live-in” domestic service worker and other conditions of the exemption, see Fact Sheet #79B: Live-In Domestic Service Workers Under the FLSA. http://www.dol.gov/whd/regs/compliance/whdfs79b.htm

While this is decision is important, this case has not been fully decided (there are other counts to be considered by the court) and there will likely be appeals filed, even on this limited judgment.  As a result, states should remain vigilant in their planning and budgeting in the event that, at the conclusion of these legal proceedings, the original rule will be in full force and effect.

NASDDDS will continue to closely monitor developments and keep you apprised.

To read the court’s decision, visit:

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0967-21

 

Florida APD Reposted Requests for Information (RFI)

The Agency for Persons with Disabilities has reposted Requests for Information (RFI) to seek input on models the State of Florida may want to consider as it addresses.  The first announcement included wrong links.  Sorry for any inconvenience.  The four RFIs are available at:

 

 

 

 

 

Details of each RFI are posted to the State of Florida Vendor Bid System –http://www.myflorida.com/apps/vbs/vbs_www.main_menu .

 

 

Agency for Persons with Disabilities

4030 Esplanade Way

Tallahassee, FL 32399

www.APDCares.org

Apple iOS “Masque Attack” Technique

NCCIC / US-CERTNational Cyber Awareness System:

11/13/2014 09:17 AM EST
Original release date: November 13, 2014

Systems Affected

iOS devices running iOS 7.1.1, 7.1.2, 8.0, 8.1, and 8.1.1 beta.

Overview

A technique labeled “Masque Attack” allows an attacker to substitute malware for a legitimate iOS app under a limited set of circumstances.

Description

Masque Attack was discovered and described by FireEye mobile security researchers.

[1] This attack works by luring users to install an app from a source other than the iOS App Store or their organizations’ provisioning system. In order for the attack to succeed, a user must install an untrusted app, such as one delivered through a phishing link.

This technique takes advantage of a security weakness that allows an untrusted app—with the same “bundle identifier” as that of a legitimate app—to replace the legitimate app on an affected device, while keeping all of the user’s data. This vulnerability exists because iOS does not enforce matching certificates for apps with the same bundle identifier. Apple’s own iOS platform apps, such as Mobile Safari, are not vulnerable.

Impact

An app installed on an iOS device using this technique may:

  • Mimic the original app’s login interface to steal the victim’s login credentials.
  • Access sensitive data from local data caches.
  • Perform background monitoring of the user’s device.
  • Gain root privileges to the iOS device.
  • Be indistinguishable from a genuine app.

Solution

iOS users can protect themselves from Masque Attacks by following three steps:

  1. Don’t install apps from sources other than Apple’s official App Store or your own organization.
  2. Don’t click “Install” from a third-party pop-up when viewing a web page.
  3. When opening an app, if iOS shows an “Untrusted App Developer” alert, click on “Don’t Trust” and uninstall the app immediately.

Further details on Masque Attack and mitigation guidance can be found on FireEye’s blog [1]. US-CERT does not endorse or support any particular product or vendor.

References

Revision History

  • November 13, 2014: Initial Release
By |2016-11-03T10:01:46+00:00November 13th, 2014|Categories: General|Tags: , , , , , , , , , , , , , , , , , , |Comments Off on Apple iOS “Masque Attack” Technique
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Met Life Foundation & UCP Life Without Limits Project

    

MetLife Center for Special Needs Planning has been working with UCP to develop a new campaign creating awareness for people with all disabilities and about living life without limits. As part of their new campaign, they’re asking for people to go directly to the campaigns’ page on Facebook and “Like” the new campaign to generate both interest and awareness for the project. In return, they’ve agreed to give us $2 for every like we raise between now and the end of tonight, up to $25,000.
The link to help out is here: https://www.facebook.com/metlife?fref=nf
As exhibitors and supporters of UCP and our vision for working with people with disabilities, we know you already support the work that we do. It’s wonderful to see large companies taking a stand and publicly working to help people with disabilities, so I’m asking if you could just take a second out of your busy schedules and share this link with everyone you’d know, that’d be wonderful (that is, after you click “Like” yourselves.)

Employment Outcomes Professional (EOPII) Training

 Employment Outcomes Professional (EOPII) Training

September 29 – October 1, 2014

EMPLOYMENT OUTCOMES REGARDLESS OF EMPLOYMENT BARRIERS

Current service delivery models to help persons seeking employment are under strain due to harder to serve referrals and a struggling economy.  Through the skills learned in the Employment Outcomes Professionals Training (EOPII), job developers and placement specialists will learn new techniques for identifying opportunities and meeting employer’s needs.  Utilized by public and private providers through the United States and Canada, this process for achieving employment outcomes focuses on proven marketing and sales skills.  By utilizing effective marketing and selling skills, job developers and employment specialists engage in “the art of marketing and selling to employers a candidate option that may not be the employer’s first choice or in their usual comfort zone.”  A growing base of evidence validates that these practices complement supported employment, traditional job placement and other strategies such as job carving and customizing employment options.  Success in job development is based in the efforts of the job developer, not in the economy, employer attitudes or types of candidates.  Strengthen the job developer before looking at working on any of the others.

Meeting Location
ServiceSource
2735 Whitney Road
Clearwater, FL 33760-1610
Phone: (813) 480-6894

Hotel Information
Holiday Inn Express Clearwater at Icot Center
13625 Icot Boulevard
Clearwater, Florida 33760
(727) 536-7275
Hotel Reservations: 1-888-HOLIDAY (1-888-465-4329)

Training Agenda
Registration Form

Registration Deadline: Friday, September 19, 2014

About the Trainer: Florida ARF Employment Consultant Bill Sandonato will facilitate this 3 day training.  He has over 30 years’ experience in organizations focused on helping people with disabilities and other barriers to obtain and maintain employment, including 25 years as President & CEO of Abilities of Florida.  Sandonato holds Master’s Degrees in Business and Rehabilitation and is a certified EOP trainer and was instrumental in bringing EOP methods to Florida.

Florida ARF
2475 Apalachee Pkwy, Ste. 205
Tallahassee, FL 32301
850-877-4816
www.floridaarf.org
info@floridaarf.org

 

14c Subminimum Wage Certificates-Talking Points

FARF-Rework-PRINT-REGSuzanne Sewell, President & CEO , Troy Strawder, Board Chair

On July 22, 2014, President Obama signed the Workforce Innovation and Opportunity Act.  The bill addresses unemployment across the spectrum – from vocational training, resume writing and English as a second language, to laid-off workers, disabled veterans and Americans with disabilities – the legislation casts a wide net through a host of federal government programs.  In terms of Americans with disabilities, the bill is aimed at helping to prepare a new generation of young people with disabilities to succeed in competitive employment and predominantly impacts individuals with disabilities who are 24 years old and younger.  This “new generation” will be required to first try vocational rehabilitation services before they are permitted to work in jobs paying less than the federal minimum wage.  The bill is compatible with Florida’s Employment First Initiative which Florida ARF supports.

Meanwhile, Congressman Gregg Harper of Mississippi is sponsoring the Fair Wages for Workers with Disabilities Act of 2013 (HR 831), that if passed, would phase out 14(c) special wage certificates under the Fair Labor Standards Act of 1938 over a three year period.  The bill has 94 sponsors and additional members of congress are poised to sign on.  In Florida, six members of the congressional delegation have already signed onto the bill – Corrine Brown, Kathy Castor, Ander Crenshaw, Alcee Hastings, Daniel Webster, and Dennis Ross.

Now more than ever, the insights and viewpoints of Floridians with disabilities and their representatives are essential to the policy discussions going on at the national level.  As we know, one size does not fit all.  Many Community Rehabilitation Provider Agencies serve diverse constituencies and it is imperative that we make sure our congressional leaders are provided with a balanced perspective on the concerns and merits of center-based work experiences and 14(c) certificates and the need for more oversight of the programs at the federal levels.  A number of variables play into the current equation including funding mechanisms, appropriate budget allocations and limits to disability compensations making it imperative that our congressional leaders recognize the true complexity of these issues.

We believe employees with disabilities and their representatives are the ones who should explain their experiences and tell their personal stories and that their representatives will hear and understand the complexities of the pending policy issues best when it comes from their own constituents.

Congressional Education Campaign

Florida ARF will be assisting its member agencies and interested parties with a campaign to educate members of the Florida Congressional delegation about the long-term implications of the policy decisions they are currently addressing.  We encourage recipients and community rehabilitation providers to demonstrate real-life examples of how the proposed legislation to phase out 14 (c) would impact Floridians with disabilities in each congressman and woman’s district.

Collecting Authentic, Florida Stories

First and foremost, the campaign will involve telling the stories of employees throughout the state about their experiences in center-based employment environments and 14(c) employment opportunities and what they and their caregivers would be doing if the programs were eliminated.

Even though we support federal legislation and Employment First trends for younger employees with disabilities for youth transitioning out of school, we still need to feature current employees that would not be served outside of their current environments so that every individual with a significant disability has employment options.  Therefore, we have developed a form to help your staff document the unique stories of the individuals they serve who receive 14 (c) subminimum wages.

Developing the Packet and Case Statement

With collaboration and final approval from each participating agency, staff will develop a packet of the top stories.  The packet will also include white papers from appropriate sources, a Florida ARF position paper, and other relevant materials developed in collaboration with staff from a member agency.

Schedule Visits to Congressional District Offices

The Florida ARF Grassroots webpage contains information on how to set up Congressional appointments and a link to each US Senator and Representative serving Florida.  Whenever possible, these visits should include employees with disabilities, their families, and other stakeholders on the scheduled visit to the congressional office.  Remember, the purpose of the visit is to ensure that each congressional office hears directly from the community that will be impacted by the pending policy changes and what repercussions it will have on both the employee and the employee’s caregivers’ quality of life.

Let’s make a difference nationally and empower all Floridians with disabilities to validate the current merits of their employment!