The ALF Explosion The ALF Explosion Stephen R. La Pierre Senior Vice President Claim/Case Management & Policyholder Services Penn Treaty Network America slapierre@penntreaty.com For a copy of my letter to the Editor, email: slapierre@penntreaty.com Facility Providers . . . Industry Claims Advisory Work Group Focus Evolving Facility Provider Industry Use of nursing homes changing Still primarily long term in discharge rates Explosion in Assisted Living Facility growth Number Variety Challenge for claim staff/ Tools for Adjudication The Basics Nursing Homes vs. Assisted Living Facilities Nursing Homes a/k/a NF Nursing Facility SNF Skilled Nursing Facility SCF Skilled Care Facility SLTCF Skilled Long Term Care Facility SNRC Skilled Nursing & Rehabilitation Cente ICF Intermediate Care Facility CCC Convalescent Care Center Assisted Living Facility a/k/a ALF RCF CBRF CCRC PCF AFH Assisted Living Facility Residential Care Facility Community Based Residential Car Continuing Care Retirement Comm Personal Care Home Adult Foster Home •C O N F U S I N G Assisted Living Facilities “Any attempt to understand assisted living and its role in providing long-term care to the frail elderly is hindered by the lack of a common definition of „assisted living‟.” U.S. Department of Health and Human Services A National Study of Assisted Living for the Frail Elderly: Final Summary Report Catherine Hawes, Ph.D. and Charles D. Phillips, Ph.D., M.P.H. Texas A&M University System Health Science Center Miriam Rose, M.Ed. Myers Research Institute November 2000 Nursing Homes Federal/State regulations High medical orientation MD order for admission Medical records required Frequency of MD review mandated Quarterly care plan conferences mandated 24 hour licensed staff required Stringent staffing requirements Full range of therapy services Little question about personal/provider eligibility Assisted Living Facilities Less medically oriented Lightly regulated Staffing requirements less stringent 24 hour staff “that is awake” Staff continuing education not mandated Functional range from very independent to occasional assist with ADLs Eligibility is a moving target Nursing Home - Past Only alternative Long term placement Low discharge rate Family guilt/ reluctant to admit Negative stigma Assisted Living Facilities - Past Evolved from Board & Care homes Looked like a nicely decorated Nursing Home Emergency call systems in all rooms Recreational and social programming Three meals per day – special diets Did not serve high acuity Nurse supervision on at least 2 of 3 shifts Nursing assistant Call lights Occasional ADL assistance Dining assistance Many ALFs would discharge clients who became cognitively impaired, incontinent or required constant ADL assistance Nursing Homes - Today Primarily long term stay Increase in discharge rates Medicare Hospital transitional care Remain Highly regulated Stagnant facility growth 1995 1999 2004 2007 16,700 homes 18,000 homes 16,100 homes <16,000 ALF Explosion 40000 36000 30000 20000 18000 11500 10000 6000 Number of ALFs 0 1990 2000 2007 Years Measured Assisted Living Facilities Today 36,000 strong Broadening target market/continuum ILF, ALF, Cognitive Unit Hotel / Resort-like marketing More palatable option for kids/parents Blurring the line between Independent & Assisted living Assisted Living Facilities - Today Measured by Service & Privacy High Service Low Service 1 FT RN on staff Nursing care by facility 24 hr supervision Housekeeping 2 meals/day Personal Care w/Meds, bathing, dressing Plus low service list High Privacy >80% private rooms [Large growth today] 11% 18% 12% 59% Low Privacy <80% private rooms 1998 study – first ever empirical nationwide data What does this all mean to LTCi claim operations? The Challenge: Determining Provider Eligibility Changing Utilization Patterns Provider Eligibility Challenge Older policy language Detailed & specific? Not detailed & specific Do your policies specifically exclude ALFs? Do ALFs qualify as NHs under your policies? Licensure Staffing [levels/inhouse/contracted] Services/records Is the facility standalone/distinct part /shared area? Utilization Pattern Challenge ALFs more attractive / palatable Has it become easier for children to place their parents in a facility earlier than in the past? Is this placement for convenience or need? People sell home and move in expecting to be eligible Non-eligible spouse moves in with eligible spouse Bundled charges [covered & non-covered] Tools For Adjudication Tools for Adjudication Policy Language Facility License Facility Marketing Material/web-site Facility Floor Plan Resident Agreement Telephone inquiry / Facility Assessment Staffing[nurses/cna/unskilled] Level of services [by staff or contracted] Medical Director [on staff or contracted] Let policy be your guide Nursing Facility: A home, residence or institution, other than a hospital, which is primarily engaged in providing nursing care and related services on an inpatient basis under a license issued by the appropriate licensing agency. It may be a freestanding facility including the following: (a) Nursing Facility; (b) Skilled nursing home; (c) intermediate nursing care home; (d) Assisted Living Care Facility; (e) Residential Health Care Facility; or (f) Alzheimer's care facility Comprehensive definition . . . An Assisted Living Facility will also be considered a Nursing Home and eligible for the Policy’s full Nursing Home benefit if it is licensed by the appropriate federal or state agency to engage primarily in providing care and unscheduled services to resident inpatients and it: 1.) provides twenty-four (24) hour a day care and services sufficient to support needs resulting from inability to perform Activities of Daily Living and/or Cognitive Impairment; 2.) has a trained and ready to respond employee on duty at all times to provide care and services; 3.) provides three (3) meals a day and accommodates special dietary needs; and 4.) has the appropriate methods and procedures to provide necessary assistance to residents in the management of prescribed medications. An Assisted Living Facility may sometimes be called a Residential Care Facility or an Adult Congregate Living Facility. Any facility, or section thereof, known by one of these names, or any other name, will be considered eligible if it meets the Policy definition of an Assisted Living Facility. If a facility or institution (such as a congregate care facility or life care community) has multiple licenses and/or multiple purposes, only the section, wing, ward or unit (including a separate room or apartment) that specifically qualifies as a Nursing Home or an Assisted Living Facility will be eligible for benefits. Excludes ALFs "Nursing Care Facility" means a facility that: (a) is licensed or certified by the state to provide nursing care as its main function; (b) provides continuous room and board for at least 3 people; (c ) provides supervised care by an on-duty RN or LPN; (d) maintains daily medical records; and (e) maintains control and records of medications given. A Nursing Care Facility does not include: (a) rest homes; (b) homes for the aged; (c ) retirement homes; (d) community living centers; (e) Assisted Living Facilities; (f) adult day care or educational care facilities; (g) residential sections or wings of Nursing Care Facilities; or (h) places used primarily for the care and treatment of alcoholism, drug addiction or mental or nervous disorders. Less definitive "Nursing Care Facility" means a facility that: (a) is licensed or certified by the state to provide nursing care as its main function; (b) provides continuous room and board for at least 3 people; (c ) provides supervised care by an on-duty RN or LPN; (d) maintains daily medical records; and (e) maintains control and records for medication. Covered / Non-covered ? Look to the License Marketing Materials Brochures Web-sites Resident Agreements But First!!! Leg Cheese Tent Motor Flower Stamp Cup King Forest Menu Resident Agreement Details on nature of charges Covered Non-covered Description of level of services provided Room Rate $139/day Level of Care Fees $10/day Medication Administration Fees Community Fee Take out Paper and Pencil Write down as many of the 10 words as you can remember Don’t look at your neighbors paper!! Leg Cheese Tent Motor Flower Stamp Cup King Forest Menu Facility Assessment Staffing Ratios Credentials Employed / Contracted Programming Recreational Social Levels of Care Define levels available Identify physical location/level Contracted Services Medical Director Pharmacy/Pharmacist Dietary Therapy Hybrid Scenarios ILF- “pseudo-ALF” offering assistance through contracts with HHA ILF does not qualify as an ALF Will ALF policy cover ? Policyholders home is ILF?, will HHC policy pay for care? Continuing Care Campus Policyholder “buys in” at time of admission Guaranteed services in SNF/ALF/HHC on campus Question: How to calculate benefits at time of need? ILF apartments dually licensed as ALF Policyholder receives intermittent IADL/ADL assistance What charges are eligible? R & B? Service only? All? Nothing? Summary ALF category is exploding More attractive for retirement Blurring the line of eligibility Enter independent Receive intermittent services Use the tools of adjudication Historic actuarial assumptions for utilization Consider this evolution in new product development Grand Prize Question