The Centers for Medicare & Medicaid Services has published a final rule that requires Medicare Parts A and B health care providers and suppliers to report and return their own overpayments. (more…)

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y Tim Rowan

What kind of software would you develop if you had sufficient funds, an understanding of the needs of healthcare at home provider agencies, and no knowledge of how “it has always been done?” Adrian Schauer is a serial technology entrepreneur and active angel investor who concluded that his third start-up should offer both EMR software and remote patient monitoring, integrated so that home care patient information flows bi-directionally. (more…)

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Analysis by Tim Rowan, publisher

  1. What does it mean to be a leader within a company culture?
  2. What is a national leader?
  3. What do we want our national leaders saying to payers and regulatory bodies about the ‘brand’ of healthcare at home?
  4. Who are — who should be — our leaders?

This progression from general to painfully specific questions characterized this year’s Home Care 100 meeting, February 6-9 in Austin, Texas. The pattern was repeated publicly in Q&A sessions with keynote and breakout speakers; it was repeated privately at breakfast and lunch tables and after hours at adult beverage refreshment stations; the questions even came up in conversations squeezed in between plays at Sunday’s Super Bowl party.

Discussions about national leadership were fueled by the audience’s bristling reaction to remarks made by one general session panelist. Scott Gottlieb, MD, is a resident fellow with the American Enterprise Institute, the think tank behind the U.S. House of Representatives’ 60 attempts to repeal the Affordable Care Act. He had brief tenures as an adviser to the CMS Administrator (2004) and the FDA Commissioner (2003) before being recruited by the pharmaceutical industry.

Under questioning by moderator Tracey Moorhead, Executive Director of the VNAA, about the overall image within CMS of home care vis a vis skilled nursing facilities, Dr. Gottlieb resorted to bullet-point answers. “When I think of skilled nursing facilities, I think of patient care. When I think of home health, I think of fraud.”[More details about the general views of the healthcare at home industry are presented by the author, followed by views on a general consensus about the need for leadership in the healthcare at home industry and burnishing of healthcare at home’s image and value.]

 

No one in the chairs or on the stage misinterpreted the silence that blanketed the audience of executives from the industry’s 100 largest agencies in response to that statement. A visibly stunned Ms. Moorhead asked him to elaborate. “You want MedPAC and CMS to believe what you believe, that home health saves more than it costs,” he asserted. “But you do not provide any research studies to prove that belief. Lacking the data, CMS has no choice but to judge you by the headlines, and the headlines are not so good.”

This reporter asked Dr. Gottlieb if he remembered the Abt Associates study of 2008 that compared patient condition at the point of hospital discharge from the year before Home Health Prospective Pay (1999) to 2007, the most recent year data was available at the time of the study. (See “Report Shows Patients Come to Home Care After Increasingly Shorter Hospital Stays,” HCTR, 8/24/09) Briefly, Abt’s reading of claims data indicated that patients in 2007 who came to home care had spent 31% fewer days in acute care hospitals than they did in 1999 and were arriving at Mortality Risk Level 4 (extreme) 77.46 percent more often and Mortality Risk Levels 1 and 2 (none to mild) 15 percent less often.

“Abt learned that home healthcare, at roughly $1,200 per month, makes shorter hospital stays, at roughly $1,200 per day, possible,” Gottlieb was told. “Is that CMS-commissioned study not the kind of research you say is missing? Or is the reason CMS never commissioned Abt to update the research since 2008 because they didn’t like what they found?”

His reply, though unfortunately not recorded word for word, evaded the question. He mentioned Big Pharma as an industry that pays for multiple studies and suggested home care should do the same thing, provide its own evidence to CMS. This response caused another audience member to make a dash for a microphone. Teresa Lee, Executive Director of the Alliance for Home Health Quality and Innovation, reminded Dr. Gottlieb that previous attempts to submit research data to CMS have been met with disdain. “They discount the integrity of industry-sourced research,” she said. “They call it ‘outside information’ and assume it is biased.” Dr. Gottlieb stumbled through a reply that failed to address Ms. Lee’s argument, merely repeating how helpful it would be to CMS if home care took the initiative to produce its own evidence, “like Big Pharma does.”

Repercussions give way to conclusions
The outrage over Dr. Gottlieb’s equivocation, and his suggestion that home health has the same spare cash for research as the entire pharmaceutical industry, persisted throughout the meeting until its final gathering on Tuesday morning. Artfully facilitated by Fazzi Associates’ Tim Ashe, the group discussion began with a multi-faceted exploration of the urgent need to nurture partnerships with hospitals, ACOs, physician practices, and other post-acute providers. It did not end there.

With that topic as a launching platform, the executives next took aim at the need to improve our sector’s image before CMS, MedPAC, and Congress. (Private duty providers generally agreed that commercial insurance payers are gradually opening up to the idea that home care saves more than it costs.) Dr. Gottlieb’s comments were quoted as evidence that, collectively, we are not doing a very good job letting regulators and payers know that the overwhelming majority of healthcare at home providers are dedicated professionals doing their best to navigate through a mountain of regulations while keeping their patients at the center of all they do. He made them realize they need to sharpen the message that a handful of criminals is not representative but instead they are small, inconsequential outliers who steal a tiny fraction of the amount the rest of the sector saves Medicare, Medicaid and commercial payers in reduced hospital costs.

Ultimately, inevitably, someone suggested the group stop avoiding “the elephant in the room.” Why is our image shaped by headlines instead of by a collective effort to tell our positive story in the halls of Congress and to the bureaucrats in Baltimore? With such an effort, could we polish up our brand and get regulator attention away from the handful of criminals who have infiltrated our sector? There seemed to be a consensus that the industry’s collective voice would be stronger if it were one, united voice instead of a cacophony of rival voices.

So the discussion wound its way, as these discussions always do, to the third of our original questions, “Who is going to do this for us?” “Who are our leaders?” or perhaps more accurately quoted, “Who should be our leaders?” No definitive answers were voiced near a microphone but these were the questions on everyone’s mind as they boarded buses for the airport. These are the questions they took home with them. Although there was no time for consensus to build around the questions, If individual private conversations are any indication, national leaders who were present for this 4-day event have the inside track.

©2015 by Rowan Consulting Associates, Inc., Colorado Springs, CO. All rights reserved. This article originally appeared in Tim Rowan’s Home Care Technology Report. homecaretechreport.com One copy may be printed for personal use; further reproduction by permission only. editor@homecaretechreport.com

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By Tim Rowan

According to a report in Politico Florida, more than 6,000 poor, disabled, or elderly Floridians who applied for home- and community-based services died during a 12-month period while they were on waiting lists for those services, state data shows.

According to statistics provided by the Department of Elder Affairs, 6,538 people died during the 2014-2015 fiscal year while they were on a waiting list for one of four programs aimed at keeping the elderly out of nursing homes: Medicaid managed long term care, “Home Care for the Elderly,” “Community Care for the Elderly,” and the Alzheimer’s Disease Initiative. [More details are provided about the numbers of deaths occurring among seniors’ waiting for places in Medicaid-funded elderly community of care programs in Florida, and later in this article, details are provided about the failure of the state of Texas to implement the Patient Protection a n d Affordable Care Act.]

 

POLITICO Florida did not have an easy time acquiring the data from the Department of Elder Affairs. State Representative Mark Pafford, a Democrat from West Palm Beach, asked House health care budget chief, Rep. Matt Hudson, for that information during a committee hearing. Hudson told Pafford that he did not have the data and that Pafford needed to request the information from the state, Politico reported. Hudson apparently continued to have no comment after Politico provided the data to him.

The data counts all deaths that occurred from July of 2014 through June, 2015, whether or not they are related to the reason a person was waiting for a program. Nearly 2,000 died while on the state’s Medicaid managed care long term care program. 4,590 were waiting for services from the other three programs. The average person on a waiting list is 80 years old.

Governor Rick Scott’s administration responded to Politico that it has increased funding more than $94.8 million since taking office, a move intended to reduce the number of elders on wait lists. Another $3.95 million is earmarked to be added to the effort during this fiscal year.

The AARP is also watching the situation. Politico Florida reported that the association often hears about it from its members, quoting AARP communications direct Dave Bruns as saying, “This is a tragedy for this to happen as often as it’s happening. Florida is falling further and further behind.” Bruns stressed that the AARP is grateful for the additional funding the Legislature has directed toward the programs, which added an additional 812 slots to the Home and Community Care for the Elderly program. “When you have wait lists growing by thousands and thousands every year then clearly we need a different approach,” Bruns said.

POLITICO Florida requested the total number of people on waitlists from the DOEA but did not receive that information at press time. However, information compiled by AARP indicated that there were 58,818 people on waiting lists for home and community based services as of December 2015. Bruns suggested those lists could grow as the Baby Boomer population continues to age.

The Politico report concluded with a quote from the AARP’s Brun. “We’ve only just begun to see the types of social changes that will be sweeping over Florida for the next 30 years. What are they going to do 30 years from now?”


Meanwhile, Texas appears to be on the cusp of tackling the same problem. According to an investigation by Christopher Cheney, reported by HealthLeaders Media, Texas “stands out among states unwilling to expand Medicaid programs in terms of the number of human lives and costs to healthcare providers.”

Cheney interviewed Vivian Ho, PhD, a professor of economics at Rice University and professor of medicine at Baylor School of Medicine in Houston. “There are at least a million lives at stake,” Dr. Ho told Cheney. “The people without insurance who can’t afford healthcare services is still alarmingly high.” Although several hundred thousand previously uninsured Texans gained coverage through the Affordable Care Act health insurances exchange — operated in Texas by the Federal Government — about 20 percent of the state’s 26 million people remain uninsured, Ho explained.

She is the co-author of two new reports about the affordability of healthcare services and health insurance in Texas. The first report, based on survey data, found that 14.7 percent fewer Texans had problems paying their medical bills in 2015 compared to 2013. The second report’s survey found that 69.1 percent of uninsured Texans cite high costs as the primary reason they do not have health insurance.

Dr. Ho concludes that, unless Texas lawmakers expand Medicaid under provisions of the PPACA, the modest gains will eventually be dwarfed by the growing number of low-income Texans without coverage. She pointed out that approximately one million adult Texans would be eligible for health coverage if the state participated in the PPACA’s Medicaid expansion program.

What is a serious situation now could grow worse. The federal government is preparing to implement deep cuts in the “Disproportional Share Hospital” program that has offset the cost of uncompensated care over the past two decades at hospitals across the country. In addition, the “Healthcare Transformation and Quality Improvement 1115 Waiver,” a 5-year Medicaid program that has given Texas about $29 billion in federal funding to offset uncompensated care and help providers pay for improvements in care delivery, is scheduled to expire in the fall, HealthLeaders reports.

Dr. Ho continued, “If the 1115 waiver is not renewed, emergency rooms across Texas could be overwhelmed by poor men and women who will have nowhere else to go to seek medical attention when they need it.”

This scenario is not limited to Texas, reporter Cheney was told by Katherine Hempstead, health insurance program director at the Princeton, NJ-based Robert Wood Johnson Foundation:

“Texas is a little bit unique because it has a very high uninsured rate, so it has a lot of uncompensated care covered in its current Medicaid waiver. Florida is in a similar boat… But while Texas and Florida may be somewhat unique in terms of their size and their very high uninsured rates, hospitals in all states that have not yet expanded Medicaid are experiencing considerable fiscal stress.

In many of these states, hospital associations are leading expansion efforts and in many cases are willing to pay the state share through some kind of provider fee. Widespread financial distress and sometimes closings of hospitals in non-expansion states is another way to bring the message to politicians and the general public that failure to expand Medicaid can affect everyone’s access to healthcare.”

As of January, 31 states and the District of Columbia had expanded their Medicaid programs through provisions or waivers of the PPACA. HealthLeaders stated that the status of the struggle over Medicaid expansion in the remaining 19 battleground states continues.

©2016 by Rowan Consulting Associates, Inc., Colorado Springs, CO. All rights reserved. This article originally appeared in Tim Rowan’s Home Care Technology Report. homecaretechreport.com One copy may be printed for personal use; further reproduction by permission only. editor@homecaretechreport.com

 

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CHICAGO; Feb. 2, 2016 – New research1 from Accenture (NYSE: ACN) estimates that U.S. funding for on-demand healthcare companies – those providing location-based offerings with near-real-time and 24/7 services – will quadruple from over $200 million in 2014 to $1 billion by the end of 2017. Virtual physician visits and remote patient monitoring fall within Accenture’s definition of “on demand” healthcare.

“On-demand healthcare is fundamentally changing – and enriching – the doctor-patient relationship, making the physician much more accessible to patients while simultaneously reducing costs,” said Kaveh Safavi, M.D., J.D., senior managing director for Accenture’s global health business. “With no end to this type of investment in sight, there’s an enormous opportunity for companies to offer fast, convenient and customized user-experiences that ultimately improve the patient experience and outcomes.” [More details about the extent of on-demand healthcare’s reach in the on-demand markets are discussed.]

 

Since 2000, the top 230 on-demand companies have raised more than $12.5 billion, distributed across six main sectors: auto and transportation, such as Uber and Lyft (76 percent); food and drink (10 percent); health (6 percent); household chores (3 percent); logistics (3 percent); and professional services (2 percent).

Excluding the transportation industry, healthcare is the fastest growing on-demand sector, representing one-fifth of total U.S. funding. The number of on-demand health companies has spiked from four in 2010, to 42 in 2014, with annual investment growing at an annual rate of 224 percent over the same period. Funding for primary-care services alone has totaled more than $639 million since 2010. Within the same timeframe, on-demand specialty care, behavioral health, wellness and veterinary companies received a total of roughly $68 million in U.S. funding.

According to Accenture’s research, some of the main forces driving interest and investment in on-demand healthcare are:

  • Government support: Large payers are now reimbursing virtual doctor’s appointments, with government backing. Twenty-nine (29) states have telehealth parity laws, up from 20 in 2014.
  • Attractive economics: On-demand virtual visits are less expensive for consumers: up to 40 percent less expensive for primary care, 28 percent less expensive for urgent care, and 3 to 7 percent less expensive for emergency-room visits.
  • Technology maturation: Roughly 190 million people in the U.S. own smartphones. As the number of mobile users rises, so too will the demand for mobile health services.
  • Cultural adoption: Expectations for seamless, coordinated services are not limited to Gen X or Y; more than half (57 percent) of seniors are also interested in digital health options.
  • Plan design: Payers want to create best-in-class benefits packages with new products and services that will attract and retain members. On-demand services can be the differentiator.

“Investment in on-demand healthcare and collaboration between industries will ultimately precipitate a shift away from a goods and services model to a ‘life care’ model, providing patients with personalized services that addresses a multitude of daily needs,” added Safavi.

Methodology
Accenture assessed the number of on-demand companies and investment funding from 2010 through September 2015. The analysis focused on early-stage, digital-first businesses that through connected devices offer closed-loop, human-delivered experiences to the consumer in near real time. Companies are identified and vetted by Accenture, with funding data collated from a number of primary and secondary sources.

About Accenture
Accenture provides a broad range of services and solutions in strategy, consulting, digital, technology and operations, working at the intersection of business and technology to help clients improve performance and create sustainable value for stakeholders. 
accenture.com

1https://www.accenture.com/us-en/insight-healthcare-here-to-go

©2016 by Rowan Consulting Associates, Inc., Colorado Springs, CO. All rights reserved. This article originally appeared in Tim Rowan’s Home Care Technology Report. homecaretechreport.com One copy may be printed for personal use; further reproduction by permission only. editor@homecaretechreport.com

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By Tim Rowan

The American Telemedicine Association announced its support for a proposal by the Federation of State Boards of Physical Therapy to achieve passage of the “Physical Therapy Licensure Compact” which would provide for mutual license recognition by states. The existing system of professional licensure and practice regulations limit a patient’s access and choice, the ATA said. “Requiring duplicate licenses and maintaining separate practice rules in each state has become an impediment to the use of telemedicine. Such state-by-state approaches prohibit people from receiving critical, often life-saving medical services that may be available to their neighbors living just across the state line.” [Further advantages of passage of this compact are noted in this short article.]

The ATA statement goes on to say that Passage of the Compact will empower physical therapists to participate in and benefit from a variety of innovative service delivery models featuring a multi-disciplinary team approach to provide and coordinate a patient’s care. Patients will reap the ultimate rewards of these efforts. At the same time, the Compact will provide a multi-state licensing framework for other health professionals using advanced technologies.

©2016 by Rowan Consulting Associates, Inc., Colorado Springs, CO. All rights reserved. This article originally appeared in Tim Rowan’s Home Care Technology Report. homecaretechreport.com One copy may be printed for personal use; further reproduction by permission only. editor@homecaretechreport.com

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By Tim Rowan

The Visiting Nurse Associations of America and the Alliance for Home Health Quality and Innovation have begun to work together for the benefit of their respective members and the entire healthcare at home sector. It is not quite a marriage — the two entities will continue to have unique missions and member lists — but they are living together. Alliance Executive Director Teresa Lee and Director of Communications and Events Jennifer Schiller have moved into the VNAA’s Crystal City, Virginia headquarters, in an office a few feet down the hall from VNAA Director Tracey Moorhead.

The VNAA will continue its mission to support not-for-profit home care providers with advocacy activities, publications such as its Blueprint for Clinical Best Practices, annual and regional conferences, and the VNAA Center for Value Based Education. The Alliance will remain focused not on policy advocacy but on research and education services, which, though supported by member contributions, will be made available to the entire industry. VNAA membership is currently offered only to non-profit providers. AHHQI is open to all, though its fee structure, Ms. Lee told us, limits participation to larger providers. [The range of overlapping interests followed by each of these entities are identified later in this article, and mention is made of their joint commitment to pursuing the ideals of Value, Quality, Innovation, and Transformation to lead healthcare at home through the current period of evolutionary change and an aging population. In a sidebar. mention is made of a possible third entry to this partnership–Partnership for Quality Home Healthcare.]

 

Areas of overlapping interests were identified and will be developed together, including activities and services intended to help the healthcare at home sector prepare for coming changes, especially Value Based Purchasing and payment bundling. Services will include a co-sponsored Home Health VBP webinar series and the “Future of Home Health” project, initiated by the Alliance but now jointly developed.

FOHH is a research and strategic framework in development by Avalere and overseen by the Alliance Research Work Group. It is nearing completion and will result in two jointly planned regional FOHH symposia. The first has been scheduled for June 22-23 in Cincinnati and the second will be held in a western city later in the year.

Third Partner?

During the Home Care 100 session where this joint venture was announced, representatives from a third group, the “Partnership for Quality Home Healthcare,” were invited to describe their activities. Unlike the Alliance, though they have some members in common, the Partnership was formed to advocate for policies favorable to the industry. Though no formal relationship was discussed, it became clear that all three groups will be working, if not together, certainly in close proximity, toward the same goals.

Research and data analysis materials on the Alliance web site are free, provided their source is always cited when quoted or used. One of these, the “2016 Home Health Chart Book,” includes lists of who is being served by home health, their top diagnoses, and the cumulative payer spend. The two organizations will collaborate on the popular “VNAA Blueprint for Excellence,” which is updated at least once per year. “The current edition has new supplements,” the VNAA’s Moorhead stated, “including 30-day hospital readmissions data by state, a section on comprehensive care for joint replacement cases, and a hospital-specific database initiative.”

During the formal announcement and explanation of this new collaboration, Ms. Moorhead added that the organizations have come together around the ideals of Value, Quality, Innovation, and Transformation to lead healthcare at home through the current period of evolutionary change and an aging population. They will also collaborate on best practices to achieve high Home Health star ratings, including both clinical and operational best practices, and attestations for agencies seeking recognition for achievements.

“The healthcare at home industry needs to address its concerns to its membership and to regulators and legislators with a single, unified voice,” Ms. Lee concluded. “We offer a service that offers high quality care at an efficient cost to payers. We want that message of Value, Quality, Innovation, and Transformation to be heard.”

©2016 by Rowan Consulting Associates, Inc., Colorado Springs, CO. All rights reserved. This article originally appeared in Tim Rowan’s Home Care Technology Report. homecaretechreport.com One copy may be printed for personal use; further reproduction by permission only. editor@homecaretechreport.com

 

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CARY, NC, January 20, 2015Relias Learning, the leader in online training and compliance solutions for the healthcare market, and the National Association for Home Care & Hospice, a nonprofit organization that represents some of the nation’s 35,000 home care and hospice organizations, today announced a strategic partnership to offer a wide range of online training and education solutions for the healthcare at home community.

NAHC Chairman Denise Schrader announced that NAHC will continue to provide and expand its educational components, but will meet its ambitious initiative to find and train thousands of employees who provide quality home care and hospice services with help from Relias Learning through Home Care University, a division of NAHC’s Foundation for Hospice and Homecare. “We intend to help solve what the Bureau of Labor Statistics sees as the most critical employment need the nation faces in the near future–highly skilled and  caring, in-home nurses, aides and therapists,” said Ms. Schrader. [Details on the  learning management system and home health training solutions to be presented online at Home Care University are touched on in this article.]

 

“As the recognized leader of online learning for in-home based caregivers, we are thrilled to be partnering with NAHC, the nation’s leading long-term care provider organization, to make sure that every home care and hospice worker present and future and those who employ them have the benefit of high quality training.  Together, we will meet this need—the growing number of home care and hospice clients made up by the graying of the 78 million baby boom generation,” said Eric Masters, Vice President of Marketing at Relias.

“The number of infirm, disabled and dying persons needing help to remain independent at home is projected to double in the next 20 years. We will need more trained home care and hospice workers to meet their needs. We are proud to join with Relias to meet the needs both of current and future home care personnel and to guarantee the highest quality care is delivered,” said Val J. Halamandaris, President of NAHC.

Through the new partnership, Relias and NAHC will offer through Home Care University. NAHC members will be eligible for exclusive discounts on Relias products, including their industry-leading learning management system and home health training solutions.

Home Care University offers accreditation for agencies that do not participate in Medicare or Medicaid and certification for home care executives (CHCE). NAHC and Relias will assist Home Care University in providing expanded educational offerings and certifications focused on learner engagement and in driving innovations that identify best-quality practices within the home care and hospice industry. reliaslearning.com/nahc

About Relias Learning
Relias Learning provides an online training solution for senior care, health and human services, intellectual and developmental disabilities, law enforcement and correctional facilities. Relias offers unrivaled content, provides the ability for customers to create unique content including live training, and allows for the demonstration of skill and performance, all in a singular, powerful learning management system.
reliaslearning.com
877-200-0020

©2015 by Rowan Consulting Associates, Inc., Colorado Springs, CO. All rights reserved. This article originally appeared in Tim Rowan’s Home Care Technology Report. homecaretechreport.com One copy may be printed for personal use; further reproduction by permission only. editor@homecaretechreport.com

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By Tim Rowan

On January 28, KLAS Research announced that Thornberry’s NDoc® has earned the title: Best in KLAS 2015:Software and Services for the third consecutive year. Thornberry also achieved the highest scores in implementation and training. [Comments of gratitude about receiving the award are provided by Thornberry executives in this short article, with special mention made to the company’s dedication to the home health industry and addressing its customers’ very specific needs. Information is provided about selection of winners of Best in KLAS annual award.]

 

We are honored to receive this recognition and we take great pride in having sustained the Best in KLAS position for three years in a row,” said Tom Peth, Thornberry President and chief executive. “Our focus remains on providing innovative technology and top-level service to our customers.” Peth added, “It’s incredibly rewarding to know that our strong dedication to the industry is helping home health and hospice providers meet the many challenges they face, such as regulatory changes, gaining market share and the need for connected care.””The Thornberry team is thrilled to lead the market for three years running,” said Michael Schmaldienst, Director of Operations. He continued, “We are extremely proud that our customers recognize that we deliver 100% on ALL promises. We make three major commitments to our customers. The first is they will be part of a group of like-minded and forward thinking providers, the second is that we will be a partner that cares about their success, and the third is that they we will provide them with easy to use and innovative software that will keep their clinicians happy. We call this The Power of Three.”

The annual Best in KLAS report is based on surveys and interviews from health care providers that rank health care vendors based on their ability to meet certain current and future expectations. Applicants are invited to submit either selected customer names or complete customer lists to be interviewed. Thornberry is the only home care software vendor that sends 100 percent of its customer list to KLAS.

Thornberry will be recognized for its achievement at the annual HIMSS awards reception on February 29 in Las Vegas.

©2015 by Rowan Consulting Associates, Inc., Colorado Springs, CO. All rights reserved. This article originally appeared in Tim Rowan’s Home Care Technology Report. homecaretechreport.com One copy may be printed for personal use; further reproduction by permission only. editor@homecaretechreport.com

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By the  Home Care Association of New York State

In its January newsletter to members, the Home Care Association of New York State published the following notice:

HCA Files Legal Complaint Stemming from Wrongful Dismissal of HCA Representatives from NAHC Board

HCA and its affected representatives have commenced legal action seeking relief for invalid actions taken to remove HCA’s representatives – HCA President Joanne Cunningham and HCA Board Member Laurie Neander – from the Board of Directors of the National Association for Home Care and Hospice.[Details about NAHC’s actions and about specific provisions of law in Washington, DC –where NAHC is based–are provided in this short summary of the upcoming case filed by the Home Care Association of New York State against  NAHC.]

 

This week’s legal action rests on specific provisions of law in Washington, D.C. which allow individuals who are affected by a corporate action to challenge the action in court. The complaint was filed in the Civil Division of the Superior Court in Washington, D.C., where NAHC is headquartered. The Plaintiffs contend that NAHC’s staff and legal representative, without due-process or involvement of the Board of Directors, “removed” HCA’s representatives from the NAHC Board of Directors in direct violation of NAHC’s own by-laws. Those by-laws require the removal of a director to be considered and voted on by the full Board, with an opportunity for the affected directors to attend the meeting and participate in the discussion. This did not occur in the Plaintiffs’ case. Rather, the removal action was communicated unilaterally by the legal representative of NAHC staff in letters sent to the Plaintiffs, with no opportunity to respond to the charges, as NAHC’s by-laws require.

The letters communicating Ms. Cunningham’s and Ms. Neander’s removal also charge the Plaintiffs with pursuing “alignment” with competitor organizations of NAHC. As you know, HCA works closely with many organizations on advocacy to support our members. Such charges are not only unmerited, but they are in no way consistent with the reasons for Board disqualification stated in NAHC’s own by-laws.

HCA and Plaintiffs have had a long working relationship with NAHC and we value our partnerships with national organizations to support our constituents in New York State. Please be aware that this lawsuit was filed reluctantly and only after every effort had been made to contest and reverse the removal action within NAHC’s organization. Those efforts, however, were of no avail, leaving Plaintiffs no other alternative for preserving HCA’s and New York’s representation on the NAHC board.

Furthermore, Ms. Cunningham was until recently a voting member of NAHC’s Board through her position as Chair of the Forum of State Home Care Associations, a group of executives from state home care associations, like HCA, nationwide. The Forum of State Home Care Association has issued a statement of strong objection to the dismissal actions, and this statement is included as an appendix in the legal complaint.

A copy of the complaint is available to any HCA member who would like a copy. HCA’s legal team, represented by Wilson Elser Moskowitz Edelman and Dicker, LLC, awaits discussions with the Defendants, at which point we will provide the membership with a further update.

This article originally appeared in the HCA-NYS member newsletter. Reprinted by permission. Further reproduction is not restricted.

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