The newsroom includes access to CHA News, which provides timely information to members every Thursday and is at the core of CHA benefits. In addition, it is also home to resources such as toolkits and talking points designed to help member hospitals and health systems communicate with internal and external audiences on a range of current health care-related issues. Links to CHA media statements and press releases can also be found here.
Newsroom
Registration Open for Emergency Medical Treatment and Labor Act Webinar
Registration is now open for CHA’s EMTALA – Essentials and Trouble Spots webinar, scheduled for Feb. 28 from 10 a.m. to noon (PT). The webinar will focus on Emergency Medical Treatment and Labor Act (EMTALA) principles, updates, psychiatric services and compliance tips. Featured speakers include Hooper, Lundy & Bookman, PC Partner M. Steven Lipton, author of CHA’s recently updated EMTALA Manual.
Despite being on the books for nearly 30 years, the act continues to be a source of confusion for staff, with the potential for negative public relations. Fines have recently doubled and may result in sanctions — for one hospital, in excess of $1 million.
CHA encourages health care professionals to attend the webinar to gain insights on the law’s scope and application, learn updated information, explore recurring problems and delve into the intersection of the law and emergency psychiatric services. The session will include ample time to address tough questions.
CHA DataSuite Releases Analysis of 2019 Hospital-Acquired Condition Reduction Program
CHA DataSuite has released hospital-specific analyses of the Hospital-Acquired Condition Reduction Program for federal fiscal year 2019. The reports are intended to provide hospitals a preview of the program’s potential impact, based on publicly available data and program rules established by the Centers for Medicare & Medicaid Services.
Reports included in the analyses evaluate hospital performance under the federal fiscal year 2019 program using 2016 and 2017 data updates on Hospital Compare. The analyses include estimates and details on how program measures and domain scores are calculated and how payment penalties are determined and applied. More information is available in the attached analysis description.
Providers Reminded That Family Councils Must be Allowed
The California Department of Public Health has released the attached All Facilities Letter 18-04, reminding skilled-nursing facilities and intermediate care facilities that they may not prohibit residents’ family members or representatives from forming a family council. The department defines “family council” as a meeting of family members, friends, or representatives of two or more residents to confer in private without staff. Facilities must not willfully interfere with the formation, maintenance or promotion of a family council, such as by discriminating or retaliating against an individual due to participation in a family council or willfully scheduling facility events in conflict with a previously scheduled family council meeting.
When a family council exists, the facility must include notice of the family council meetings in at least a quarterly mailing, and must inform identified family members or representatives of new residents of the family council’s existence. The notice must include the time, place, and date of meetings, and a contact person for the family council.
Notification Process Revised for Pre-Hospital Emergency Staff Exposed to Communicable Disease
The California Department of Public Health has released the attached All Facilities Letter 18-06, informing health facilities that Senate Bill 432 (Chapter 426, Statutes of 2017) took effect Jan. 1. The law revises the notification procedures for prehospital emergency medical care personnel who may have been exposed to a reportable communicable disease or condition. Health facilities and employers of prehospital emergency medical care personnel must inform their employees of these requirements as part of the California Occupational Safety and Health Administration Injury and Illness Prevention Program training. In addition, employers and health facilities that maintain websites must post the title and telephone number for the designated officer or health facility infection control officer on their site’s home page.
Hospitals Recognized for Reducing C-Sections
California Health and Human Services Secretary Diana Dooley today recognized hospitals for reducing cesarean births for first-time mothers with low-risk pregnancies. The state named 111 hospitals to its 2017 Hospital C-Section Honor Roll, representing 45 percent of the 242 California birthing hospitals that achieved the Healthy People 2020 target of 23.9 percent or fewer low-risk, first-birth cesarean deliveries.
Dooley announced the achievement awards on behalf of Smart Care California, a coalition of public and private health care purchasers that collectively covers 16 million people statewide, or 40 percent of all Californians. Certificates will be mailed to CEOs of the recognized hospitals in early February.
The agency’s press release, which quotes Hospital Quality Institute President and CEO Julie Morath, is attached.
House Passes Funding Bill
On Thursday, the House of Representatives passed by a vote of 230-197 a continuing resolution to extend funding for the federal government through Feb. 16. The measure includes a six-year reauthorization of the Children’s Health Insurance Program but does not include CHA’s other priorities, such as delays in cuts to the Medicaid Disproportionate Share Hospital and 340B Drug Pricing programs as well as several Medicare payment programs. Of the six Democrats who voted “Yes” with the Republicans, two were from California: Reps. Carbajal and Costa. None of the 11 Republicans who voted “No” with the Democrats were from California.
The Senate must pass the resolution by midnight (ET) tonight to avoid a government shutdown. It is not clear whether the 60 votes required to pass the measure are lined up. Congressional leaders are struggling to negotiate overall spending caps for the military and domestic discretionary programs, which is creating the month-to-month process.
In advance of the potential shutdown, the Department of Health and Human Services released its contingency plan for operations.
Hospital Compliance Seminar to Address Critical Timely Topics
Registration for CHA’s annual Hospital Compliance Seminar is now open. This year’s program will address recent changes in state and federal law and provide critical information to protect hospitals and their staff. Featured topics include:
When civil actions can turn criminal — implications of increased federal focus on punishing individuals for fraud and abuse violations, instead of “just” fining organizations Managing the self-audit process, reporting and refunding obligations Privacy issues surrounding health information exchange Updates to the California Department of Public Health privacy breach investigation process Emerging trends in managed care and increased claims scrutiny Updates to Medicare and Medicaid programs
This hands-on program is a must for all hospital compliance professionals. Events will be held Feb. 6 in Pasadena and Feb. 21 in Sacramento. Attendees will receive a complimentary copy of CHA’s 2018 Hospital Compliance Manual.
For more information and to register, visit www.calhospital.org/hospital-compliance.
Interim Final Rule Sets Policies for Accountable Care Organizations Affected by Wildfires
The Centers for Medicare & Medicaid Services has published the attached interim final rule, establishing policies for assessing the financial and quality performance of Medicare Shared Savings Program accountable care organizations affected by extreme and uncontrollable circumstances, including the California wildfires, in performance year 2017. The policies would apply when 20 percent or more of an organization’s assigned beneficiaries reside in an area affected by a disaster, or when the organization’s legal entity is located in a disaster area. For affected organizations in performance year 2017, CMS proposes a minimum quality performance score that is the mean score for all Medicare Shared Savings Program accountable care organizations, and to limit organizations’ shared losses for track 2 and 3. Comments on the interim final rule are due by Feb. 20.
Health Care Meal Period Waiver Case Back Before State Supreme Court
CHA recently filed the attached amicus (friend of the court) brief with the California Supreme Court in Gerard v. Orange Coast Memorial Medical Center, urging it to uphold the appellate court’s 2017 decision. As reported last year, several years of litigation resulted in the California Court of Appeal’s decision finding that the health care meal period waiver provision in Wage Order 5, section 11 (D) was valid. In its March 1, 2017, decision, the appellate court acknowledged that its earlier decision invalidating the wage order was wrong. Plaintiffs sought review of the appellate decision, which the California Supreme Court accepted.
Relevant to this discussion is the California Legislature’s passage of Senate Bill 327 (Chapter 506, Statutes of 2015), which conclusively confirmed that the special health care meal period waiver regulation was valid as of Oct. 5, 2015 — the date the bill was signed. While plaintiffs agree that Senate Bill 327 established that health care meal period waivers were valid from that date forward, they continue to argue that the wage order was invalid from June 2000 through October 2015 and, therefore, the lawsuit should continue with respect to that time period.
CMS Clarifies That Texting Through Secure Platforms Is Permissible
In a Dec. 28, 2017, memo to state survey agency directors, the Centers for Medicare & Medicaid Services (CMS) clarified that texting patient information is permissible if a secure texting platform is used. However, texting physician or other practitioner orders is not allowed. The CMS memo reminds hospitals to comply with health information privacy laws as well as documentation and record retention requirements, emphasizing the need to:
Use secure, encrypted systems and platforms to minimize the risk of exposing patient information. Implement policies and procedures to routinely assess the security and integrity of the texting systems and platforms.
The memo cites CMS record retention requirements. However, California providers and Medicaid providers must comply with longer record retention periods. CHA’s annual Hospital Compliance Seminar, to be held Feb. 6 in Pasadena and Feb. 21 in Sacramento, will cover this and other timely topics related to changes in state and federal law.

