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OIR CCRC Coronavirus Alert #4 - April 1, 2020

Joel L. Anderson, Chair | Steve Bahmer, President/CEO

1812 Riggins Rd | Tallahassee, FL 32308 | P: (850) 671-3700 | F: (850) 671-3790

Continuing Care/Life Plan Coronavirus Alert #4

This information will be discussed in further detail during today's CCRC conference call at 1 PM ET

More Clarification on Required Notification to OIR of Confirmed Cases of Coronavirus in Continuing Care/Life Plan Communities – CCRCs are asked to notify OIR of every known confirmed case of Coronavirus for a resident or employee on their campus (all levels of care) as well as any suspected case for a resident or employee who has exhibited symptoms and for whom test result are pending and will not be known within 48 hours. According to Chris Struk, the Office of Insurance Regulation point person for receiving the notifications, “if some people are being tested out of a sense of caution or are being tested randomly and operations are not affected, then it would make sense to wait until the results are in. If a facility has good reason to believe that it has a large number of positive cases that are probably going to affect its operations, even if the results have not come back, OIR wants to know.” OIR does not want names -- just the number of confirmed or suspected cases campus wide. If you are unsure of what to report, use your best judgement. OIR is not going to penalize any facility for a late notification. Chris pointed out “The more information that we (OIR) know, the better we are able to exercise any regulatory judgement or offer relief.”

The notification should be made to Chris Struk, OIR Life & Health Policy Advisor, or (850) 413-2480. Chris is working remotely so you will reach his voicemail. He will respond to let you know he got your message.  

Material Changes in Feasibility Study for New Projects and Expansions  – Applicants for a provisional certificate of authority (s.651.022 (2)(g), F.S.) or certificate of authority (s. 651.023 (1)(i), F.S.) are required to update the OIR of any material change in the feasibility study within 10 business days after they become aware of such change. The same updates are required for approved expansions under s. 651.0246 (2)(b), F.S. It is important to note that these updates may play a significant role in financial and reporting requirements and exemptions from an impairment or regulatory action level event as provided for in s. 651.034 (6), F.S., for new projects.

Disclosure of Financing and Refinancing – If you are contemplating refinancing or new financing, don’t forget that s. 651.019 (1)(a), F.S., requires providers to notify the residents' council at least 30 days before the closing date. You must also notify the OIR 30 days after the closing and provide all required materials required by s. 651.019 (2), F.S. If your residents' council is not meeting due to COVID19, then you should consider a "written notice" to the residents’ council or the entire community to satisfy the requirement.

Increase in Monthly Service Fees – If you choose to implement an "extraordinary" increase in monthly service fees due to the Coronavirus, you should follow provisions in your contract pursuant to s. 651.055 (1)(j), F.S., which requires an advanced notice of least 60 days. You must also comply with the 14-day notification requirement under s. 651.085, F.S., for including the designated representative of the Residents' Council at any meetings with the governing body at which proposed changes in fees are discussed. Since quarterly meetings with the residents and governing body may be postponed due to the COVID19, it is important that you maintain all documentation of advance notices to the residents and discussions involving the resident council president about the proposed fee increase.

Entrance Fee Refunds – It is important to make any entrance fee refunds due to a resident or their estate in a timely manner. The OIR will want documentation demonstrating these refunds were not delayed because of the Coronavirus. Follow refund provisions in your OIR-approved contract executed with the resident.

Update Required Disclosures – If you have changed any of your governing body approved master plans, expansions, etc., such as postponing those projects, please be sure to update the related disclosure required in s. 651.091 (3)(d), F.S. If your admission and discharge procedures have changes for various levels of health care offered by your community, be sure to update your policies (or temporary requirements) for disclosure purposes pursuant to  651.091(3)(f), F.S. Disclosure changes must be submitted to the OIR but do not require OIR approval. 

Reporting Extensions and New and Revised OIR Forms – Scot Aurelius, MSL CPAs and Advisors, prepared a chart showing the reporting extensions approved by the OIR for quarterly and annual reports due in May. The grid shows report due dates for CCRCs reporting on the calendar year and those reporting on a fiscal year other than the calendar year. Click here to view the chart. All new and revised forms as well as the CCRC  Rule 96O-193, Florida Administrative Code, are posted on the LeadingAge Florida CCRC webpage under “Regulations and Resources.” 

Transitional Units – Please check the LeadingAge Florida website for information about an FMDA webinar on Wednesday, April 1 at 12 noon on the “Opportunities and Challenges of Treating COCID-19 Positive Patients in Place.” If you are unable to participate, the webinar will be posted on the Florida Medical Directors Association website

Please retain this alert in a file on compliance with OIR requirements during the 2020 Coronavirus Public Health Emergency to use during your next OIR Examination/Triennial Audit in the event that there are related questions. 

For questions or more information, please contact Mary Ellen Early, Public Policy Liaison, via email or by phone at (386) 734-7681

1812 Riggins Rd, Tallahassee FL 32308
Phone: (850) 671-3700

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