Call to Action March 2018

DMD Admin • March 22, 2018

Attention All CALA Members and Assisted Living Professionals

HCPF Proposed Medicaid Increase for Assisted Living Residences

CALA has been working with HCPF and the Joint Budget Committee to get an increase in the Medicaid rate to providers. Because of our work and that of many other interested parties, HCPF has recommended a 25% increase for the upcoming fiscal year for all Medicaid providers.

This recommended increase has yet to be approved by the legislature. The Colorado legislature begins work on the state budget (The Long Bill) on March 26th. The House of Representatives will review and approve the budget and then it will be sent over to the Senate for their review and approval. Then it is on its way to the governor.

Your help is needed in assuring that the 25% increase remains, as it works its way through the process. Each one of you need to write, email, or call the members of the House and the Senate and ask them to preserve and approve the 25% increase in the Medicaid rate for the assisted living industry.

Your message should include the following key points:
1. Let them know that you are a Medicaid provider
2. Let them know that you have not had a substantial increase in many years. Matter of fact, during lean years, the reimbursement was decreased although the providers’ expenses continued to rise.
3. Share with them how your payments have not kept ups with your expenses
4. Include the fact that with the new increases in licensing fees and with the advent of increase regulatory oversight, by CDPHE, that your costs will increase significantly
5. Tell them without the increase, the state will continue to lose Medicaid beds and increase the problem of the shortage of Medicaid beds throughout the state
6. Ask them to support the increase in the Medicaid rate

Below is the contact information for the members of the Colorado House and Senate. If you don’t know who your legislators are to go to https://leg.colorado.gov/find-my-legislator. Each member must receive a minimum of ten letters, emails, or calls asking for support of the Medicaid increase. Please copy me on all correspondence, ckyle@thekylegroup.com.

Colorado House of Representatives:

Name Telephone No. Email
Jeni Arndt 970-231-5090 jeni.arndt.house@state.co.us
Jon Becker 970-768-6500 jon.becker.house@state.co.us
KC Becker 303-866-2578 kcbecker.house@state.co.us
Susan Beckman 303-866-2953 susan.beckman.house@state.co.us
Adrienne Benavidez 303-866-2964 adrienne.benavidez.house@state.co.us
Jeff Bridges 303-866-2921 jeff.bridges.house@state.co.us
Perry Buck 970-302-4013 perrybuck49@gmail.com
Janet Buckner 303-866-2944 janet.buckner.house@state.co.us
Terri Carver 303-866-2191 terri.carver.house@state.co.us
Marc Catlin 303-866-2955 marc.catlin.house@state.co.us
James Coleman 720-297-5301 james.coleman.house@state.co.us
Phil Covarrubias 303-866-2912 phil.covarrubias.house@state.co.us
Jessie Danielson 303-866-5522 jessie.danielson.house@state.co.us
Crisanta Duran 303-866-2346 crisanta.duran.house@state.co.us
Daneya Isgar 303-866-2968 daneya.isgar.house@state.co.us
Justin Everett 303-866-2927 justin.everett.house@state.co.us
Tony Exum 719-661-4910 tony.exum.house@state.co.us
Mike Foote 303-866-2920 mike.foote.house@state.co.us
Alex Garnett 720-840-8132 alec.garnett.house@state.co.us
Joann Ginal 970-215-3063 joannginal@yahoo.com
Matt Gray 303-866-4667 matt@matthewgray.us
Millie Hamner 303-866-2952 rephamner@gmail.com
Chris Hansen 303-866-2967 chris.hansen.house@state.co.us
Leslie Herod 303-866-2959 leslie.herod.house@state.co.us
Edie Hooton 303-866-2915 edie.hooton.house@state.co.us
Stephen Humphrey 303-866-2943 rephumphrey48@yahoo.com
Dominique Jackson 303-866-3911 dominique.jackson.house@state.co.us
Chris Kennedy 303-866-2951 chris.kennedy.house@state.co.us
Tracy Kraft-Tharp 720-937-1506 reptracy29@gmail.com
Lois Landgraf 303-866-2946 lois.landgraf.house@state.co.us
Polly Lawrence 720-785-3303 polly.lawrence.house@state.co.us
Pete Lee 719-460-2834 pete.lee.house@state.co.us
Timothy Leonard 303-866-2582 tim.leonard.house@state.co.us
Kimmi Lewis 303-866-2398 kimmi.lewis.house@state.co.us
Larry Liston 719-649-9742 larry.liston.house@state.co.us
Susan Lontine 303-866-2966 susan.lontine.house@state.co.us
Paul Lundeen 303-866-2924 paul.lundeen.house@state.co.us
Hugh McKean 303-866-2947 hugh.mckean.house@state.co.us
Barbara McLachlan 303-866-2914 barbara.mclachlan.house@state.co.us
Jovan Melton 303-866-2919 jovan.melton.house@state.co.us
Jenet Michaelson 303-866-2945 dafna.michaelson.jenet.house@state.co.us
Patrick Neville 303-866-5523 patrick.neville.house@state.co.us
Dan Pabon 303-866-2954 dan.pabon.house@state.co.us
Brittany Pettersen 720-663-9389 brittany.pettersen.house@state.co.us
Bob Rankin 970-866-2949 bob.rankin.house@state.co.us
Kim Ransom 303-866-2933 kim.ransom.house@state.co.us
Judy Reyher 303-866-2905 judy.Reyher.house@state.co.us
Dylan Roberts 303-866-2923 dylan.roberts.house@state.co.us
Paul Rosenthal 303-866-2910 paulrosenthal5280@gmail.com
Lori Saine 303-866-2906 lori.saine.house@state.co.us
Joe Salazar 303-866-2918 joseph.salazar.house@state.co.us
Shane Sandridge 303-866-2965 shane.sandridge.house@state.co.us
Lang Sias 720-866-2962 lang.sias.house@state.co.us
Jonathan Singer 303-875-4727 jonathan.singer.house@state.co.us
Dan Thurlow 303-866-3068 danthurlow55@gmail.com
Donald Valdez 303-866-2916 donald.valdez.house@state.co.us
Kevin Van Winkle 303-866-2936 kevin.vanwinkle.house@state.co.us
Mike Weissman 303-866-2942 mike.weissman.house@state.co.us
Yeulin Willett 970-250-2518 yeulin.willett.house@state.co.us
Dave Williams 719-362-0899 dave.williams.house@state.co.us
Jim Wilson 719-221-8383 representativewilson@gmail.com
Faith Winter 303-866-2843 faith.winter.house@state.co.us
Cole Wist 303-866-5510 cole.wist.house@state.co.us
Dave Young 303-866-2929 dave.young.house@state.co.us

Colorado State Senate:

Name Telephone No. Email
Irene Aguilar 303-601-0955 irene.aguilar.senate@state.co.us
Randy Baumgardner 970-509-9187 randy.baumgardner.senate@state.co.us
John Cook 970-590-6820 john.cook.senate@state.co.us
Don Coram 970-596-2425 don.coram.senate@state.co.us
Lois Court 303-866-4861 lois.court.senate@state.co.us
Larry Crowder 719-850-2459 larry.crowder.senate@state.co.us
Kerry Donovan 970-279-1876 kerry.donovan.senate@state.co.us
Stephen Fenberg 303-866-4872 stephen.fenberg.senate@state.co.us
Rhonda Fields 303-866-4879 rhonda.fields.senate@state.co.us
Leroy Garcia 303-866-4878 leroy.garcia.senate@state.co.us
Bob Gardner 303-866-4880 bob.gardner.senate@state.co.us
Kevin Grantham 303-866-4877 kevin.grantham.senate@state.co.us
Lucia Guzman 720-833-8990 lucia.guzman.senate@state.co.us
Owen Hill 719-210-1086 owen.hill.senate@state.co.us
Chris Holbert 303-505-6196 chris.holber.senate@state.co.us
Cheri Jahn 303-866-4856 cheri.jahn.senate@state.co.us
Matt Jones 303-718-7510 senatormattjones@gmail.com
Daniel Kagan 303-866-4846 senatordanielkagan@gmail.com
John Kefalas 720-254-7598 john.kefalas.senate@state.co.us
Andy Kerr 720-979-4515 SenatorAndyKerr@gmail.com
Kent Lambert 719-440-9990 senatorlambert@comcast.net
Kevin Lundberg 303-866-4853 kevin@kevinlundberg.com
Vicki Marble 303-866-4876 vicki.marble.senate@state.co.us
Beth Martinez Humenik 720-507-1676 beth.martinezhumenik.senate@state.co.us
Michael Merrifield 719-460-0580 michael.merrifield.senate@state.co.us
Dominick Moreno 720-985-1132 dominick.moreno.senate@state.co.us
Tim Neville 303-798-4100 tim.neville.senate@state.co.us
Kevin Priola 303-866-4855 kpriola@gmail.com
Ray Scott 303-866-3077 ray.scott.senate@state.co.us
Jim Smallwood 303-918-5754 senatorsmallwood@gmail.com
Jerry Sonnenberg 970-581-8648 senatorsonnenberg@gmail.com
Jack Tate 303-866-4883 jack.tate.senate@state.co.us
Nancy Todd 303-596-0392 nancy.todd.senate@state.co.us
Angela Williams 303-866-4864 angela.williams.senate@state.co.us
Rachel Zenzinger 303-748-0770 senatorrachelz@gmail.com

Capitol Addresses

House Senate
Colorado State Capitol Colorado State Capitol
200 E. Colfax 200 E. Colfax
Room 307 Room 346
Denver, Colorado 80203 Denver Colorado 80203

Now is the time for you to preserve what you deserve. Contact your own representative and senator first. Then contact all the other legislators. They must hear from you on or before March 26, 2018.

If you have questions, please contact me at 303-263-5422.

Do not delay! Contact them today!

Corky Kyle, MPA. CAE
Executive Vice President
Colorado Assisted Living Association

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Take Steps to Prevent Weight Discrimination in the Workplace

By Employers Council • October 19, 2023

Federal discrimination laws protect individuals from discrimination in the workplace on the basis of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 and older), disability, or genetic information. Obesity, however, is noticeably absent from protection under federal law as well as most state laws. As a result, sizeism, or weight-based discrimination, remains a prevalent issue, with more than 40% of U.S. adults experiencing weight stigma at some point in their lives, according to the American Psychological Association (APA). According to the Centers for Disease Control and Prevention (CDC), 42% of Americans are obese , making this a significant and widespread concern. Sizeism, like other forms of bias and discrimination, not only causes suffering and psychological distress but also increases the risk of mental health problems, such as substance abuse and the risk of suicide, according to the APA. While federal laws have yet to address weight-based discrimination, some states and municipalities have begun recognizing the need for change. Likewise, some federal and state courts have interpreted disability laws to provide protection. Currently, Michigan is the only state to make weight-based discrimination illegal. Four states, Massachusetts, New York, New Jersey, and Vermont, have recently introduced bills dealing with weight-based discrimination. New York City, Washington, D.C., and San Francisco are among a handful of U.S. cities with local ordinances that prohibit discrimination based on weight or appearance. At this time, Arizona, Colorado, New Mexico, Utah, and Wyoming have not taken legislative action to address obesity as a protected class. The majority of federal courts hold that obesity is not a physical impairment under the Americans with Disabilities Act (ADA) unless it is the symptom of an actual or perceived underlying physiological disorder or condition, such as diabetes. These courts have relied on interpretive guidance from the Equal Employment Opportunity Commission (EEOC) on the definition of “impairment” under the ADA. Recently, federal district courts in Texas, Louisiana, and Mississippi have determined that, even absent an underlying physiological disorder, obesity could be an actual or perceived disability under the ADA. Likewise, state courts in Washington, Montana, and New Jersey, have interpreted state statutes to include obesity as a disability. By taking proactive measures, employers can protect themselves from potential liability. Employers should refrain from employment decisions based on physical characteristics absent a legitimate job-related requirement. Employers in states where obesity may be treated as a disability should review their disability policies and include size, and make sure managers are trained on the policies. Additionally, employers should accurately state job descriptions to reflect the essential functions and demands of the job. These steps help contribute to a more equitable and supportive work environment for all employees. This is an area to watch as more legislatures and courts consider the issue of obesity as a protected class. If you have any questions about workplace discrimination, please contact the Employers Council Member Experience Team.

Prepare Now for 2024 Increases in State and Local Minimum Wages in Colorado

By EmployersCouncil.org • August 21, 2023

The statewide minimum wage for Colorado — currently $13.65 — will increase on January 1, 2024, in line with the cost of living (COLA) to an amount not yet determined. The state is not alone in its upcoming minimum wage hike. During the 2019 legislative session, Colorado passed House Bill 19-1210 , which allowed local governments to enact a minimum wage higher than that of the state. The Legislature did so because the cost of living can vary significantly from one community to another. The law enables local governments to address the minimum needs of the workers and businesses in their jurisdictions.

Employees vs. Independent Contractors: The Pitfalls of Misclassification

By Hannah Rich of Employers Council • July 18, 2023

As an employer, it is vital to understand the differences between employees and independent contractors. An employee is an individual with whom a business has established an employment relationship. An independent contractor is an individual or business with whom a business has established a contractual relationship. In a contractual relationship, each party’s obligations to the other are agreed upon in advance and can change only if renegotiated by both parties. An employer, on the other hand, has broad discretion over the work assignments, duties, and schedule of an employee and can make significant changes at any time as business needs change. Understanding the differences can help employers avoid the negative consequences of misclassification. And following a recent National Labor Relations Board (NLRB) decision, employers should keep in mind that they will face a stricter test when trying to classify workers as independent contractors. This Employers Council article explains more about the decision.

The Pregnant Workers Fairness Act Takes Effect June 27, 2023

By Heather Basch (Employers Council) • June 20, 2023

As a reminder, the Pregnant Workers Fairness Act (PWFA) , a new federal law, goes into effect on June 27, 2023. The PWFA applies to employees and applicants of employers with at least 15 employees. The Equal Employment Opportunity Commission (EEOC) is charged with enforcing this law, and regulatory guidance is pending. The PWFA requires employers to provide reasonable accommodations to employees and applicants affected by pregnancy, childbirth, or related conditions. Some examples include the following: Closer parking Additional break time to use the restroom, eat, and rest Modifications of food and drinking policies Appropriately sized uniforms or safety equipment Time off or flexible scheduling for prenatal or postnatal appointments The PWFA also has several prohibitions, including the following: Requiring an employee to take leave if another accommodation would work Retaliation for requesting accommodations or reporting unlawful discrimination Denying employment opportunities based on the need for accommodations Requiring employees to accept an accommodation without engaging in the Americans with Disabilities Act (ADA) interactive process Don’t confuse the PWFA with the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act requires employers to provide reasonable break time and private, non-bathroom space for nursing employees to pump for a nursing child’s first year of life. The following resources provide more information about protections for workers affected by pregnancy, childbirth, and related conditions: Employers Council - Accommodations for Conditions Related to Pregnancy or Childbirth EEOC - Legal Rights of Pregnant Workers under Federal Law EEOC - What You Should Know About the Pregnant Workers Fairness Act Employers Council - Find relevant laws for all 50 states in the CCH multi-state tool . If you would like more information the PWFA, please reach out to Employers Council to discuss membership options at sales@employerscouncil.org .

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CALA Legislative Update and Town Hall

June 15, 2023

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How to Obtain a Copy of an Adult Protective Services Report

January 24, 2023

Assisted living operators are often involved in Adult Protective Services investigations, but unless the facility has been the recipient of APS legal action, the facility may not find out what happened or what APS learned because APS investigations are often considered confidential.