0000028816 00000 n 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. When that doesn't happen, the outcome is neglect and abuse. Universal Facilities licensed by OLTC include nursing homes, residential care facilities, assisted living facilities, intermediate care facilities, adult day care and adult day health care centers, and post-acute head injury facilities. Minimum nurse staffing levels have been identified in research studies and recommended by experts. In no event shall there be fewer than two staff persons on-duty at all times, including at least one CNA on the Staffing standards. Martha Deaver, president of Arkansas Advocates for Nursing Home Residents, said staffing levels are generally the top indicator of a nursing home's quality of care. Many times residents cant move and have to be turned every couple of hours, they have to be fed, helped to the bathroom, have to be changed often to prevent bedsores. The bill repealed the section (Arkansas Code 20-10-2110) involving staffing regulation. 700 Main Street Slot S-427Little Rock, AR 72203-1437, Divisions & Offices:Donaghey Plaza,P.O. "We are not there, and we know the implications of staffing and how important staffing is. The AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. It does not mean we're moving forward with it. US nursing homes are required to have sufficient nursing staff with the appropriate competencies to assure resident safety and attain or maintain the highest practicable level of physical, mental, and psychosocial well-being of each resident. Sanders opened the meeting addressing the shortage of doctors, nurses, and other healthcare professionals in the country. The current laws explicitly excludes the two categories of workers. 0000002096 00000 n Other supporters have said HB1776's classification of medication assistants and therapists as "direct care staff" matches federal regulations. "Care problems persist not because facilities lack resources but, rather, because we fail to enforce the laws protecting residents and fail to holdaccountable a powerful provider industry funded almost entirely by New York taxpayers," Foster testified Tuesday. Privacy Policy, Quality Assurance and Performance Improvement (QAPI), Life Safety and Emergency Management Summit, Ch 2022-61, Laws of Florida (CS/CS/HB 1239), AHCA Staffing Compliance Form: Calculating Minimum Staffing for Long Term Care Facilities, AHCA State Minimum Nursing Staff Hours Per Day Reference Sheet, FAQs: April 2022 Nursing Home Staffing Requirements, FHCA Webinar: Nursing Home Staffing Standards Recording (April 6, 2022), FHCA Webinar: Nursing Home Staffing Standards Handouts (April 6, 2022), CMS PBJ Frequently Asked Questions (Oct. 2018), AHCA/NCAL Five Star Quality Rating System. Once you have signed in, you will be able to access the Members Only section of FHCA.org. Nursing home operators, who tried to sue the state over the new regulations, note that 70 percent of their revenue is from Medicaid reimbursements, which have failed to keep pace with costs. Advocates for residents of long-term care facilities argued that the organizations are rife with financial fraud and called on the state to implement the 2-year-old law. When there is not enough staff, neglect and abuse are more prevalent, said Deaver. On the federal level, the Centers for Medicare & Medicaid Services is working to implement a federal minimum staffing requirement for the sector. The American Colleges reports by 2033 we [U.S.] will have a shortage of 139,000 doctors and primary care physicians, said Sanders. registered nurses) to provide care. The House passed the third reading on April 05, 2021, with 86 Yea, 1 Nay, and 13 Abstained. 0000001036 00000 n "They have to be turned. "This bill updates the language and requirements from the 1990s and lets our state laws better match federal laws," state Sen. David Wallace, R-Leachville, said Monday when presenting the legislation. O. A recent report from Scripps Gerontology Center notes that from 2017 to 2021, New Yorks nursing homes have seen their operating expenses rise 23 percent due to higher wage and benefit costs, an increasing need to rely on high-cost temporary staffing agencies, and the effects of inflation. "It is a really tough balancing act," Webb said, calling the pandemic an "unprecedented public health emergency. When buying cowboy boots, there are a few aspects to consider, such as how far up they go on your legs and their design. ", "We're talking about residents who -- a lot of them can't move," Deaver said. Webstaff, or employees available to meet the needs of the residents. Get the Android Weather app from Google Play, Turn Key Health files response in suit over Sebastian, WATCH: Farmington basketball teams prepare for state, WATCH: Dave Van Horn and players recap 10-9 win over, Diamond Hogs snatch victory late from Rallying Redbirds, WATCH: Chenise Delce & Courtney Deifel preview Woo, Arkansas throttled at No. A year after the state's minimum staffing requirements went into effect, the vast majority of nursing homes in New York are not providing the 3.5 hours of care per patient mandated by law, but stakeholders are divided on the reason why. Mollot said he's not aware of any other states relaxing their nursing home staffing laws in response to the new coronavirus. "We are doing our best to comply with the requirements and provide care around the clock to our patients.". Minimum staffing requirements are included in the regulations that pertain to each type of facility. Extensive information about assets and Medicaid eligibility is available from the Division of County Operations. 0000003732 00000 n Residents' advocates who opposed the bill said staffing levels are the most important measure to determine quality of care at nursing homes. (Tommy Metthe/Arkansas Democrat-Gazette via AP, File). 0000046520 00000 n Asa Hutchinson in a March 17 executive order directed state agencies to weigh whether they could suspend laws, rules and regulations to help Arkansas respond to the coronavirus. (c) If a facility varies shift hours from the shift hours listed in 20-10-1401, the facility shall meet the staffing requirements for the shift listed in 20-10-1403. 0000017773 00000 n Expanding the definition of direct care will dilute the quality, they argued. Sign up for our free summaries and get the latest delivered directly to you. Disclaimer: These codes may not be the most recent version. 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Make sure your mailing address and phone number is up-to-date. 85 hours of direct care staff time per resident during any 24-hour period and must average two hours daily each week. ", "Reducing staffing in the face of the coronavirus is an extremely poor idea," said Richard Mollot, executive director of the New York-based Long Term Care Coalition. 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Also removed was the Direct care staff, definition, which meant any nurse aide hands-on care to nursing facility residents registered nurses (RN), licensed practical nurses (LPN), and certified nursing assistants (CNA) were listed. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Get free summaries of new opinions delivered to your inbox! It would cost $3.5 billion and require nursing homes to hire 60,037 staff members to meet the 3.1 HPPD standard. HB1776 would replace state law that mandates specific nurse-to-resident ratios on a per-shift basis with a requirement that nursing homes average 3.36 "direct care hours per resident day" over a one-month period. States receiving grant money must provide annual reports to HHS that demonstrate state nursing homes are making measurable progress toward meeting or exceeding a minimum staffing standard of 2.0 hours of direct care per resident per day within two years. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions Dont miss important renewal information. ", Arkansas Health Care Association Executive Director Rachel Bunch, in response to emailed questions, said Friday that the group, which primarily represents nursing homes, "has not requested that DHS waive minimum staffing requirements at this time. (a) The Department of Human Services shall not issue or renew a license of a nursing facility unless that facility employs the direct-care staff needed to provide continuous twenty-four-hour nursing care and service to meet the needs of each resident of the nursing facility and the staffing standards required by all state rules and federal regulations. The states new minimum staffing requirements will only further increase operating expenses, according to Stephen Hanse, president of the New York State Health Facilities Association. For the 3.6 HPPD standard, nursing homes must spend $6.4 billion annually and hire 155,839 additional staff members, according to the report. Florida's Advocate for Long Term Care Providers and the Elders They Serve, If you have an existing membership account, please sign in using your NEW login credentials you received from membership@fhca.org. Mollot, referring to the nationwide restrictions on nursing home visitation and oversight, said reducing staffing levels would make the situation worse. Federal rules require that staffing be "sufficient" to meet individual residents' needs. The program requires nursing facilities and Assisted Living Facilities Level II to offer newly admitted residents and residents applying for Medicaid the opportunity to receive counseling regarding long-term care options that include alternatives to facility placement. The bill now requires every state-licensed nursing facility that is certified to participate in the federal Medicare/Medicaid program must follow federal guidelines, which are enforced by both the Centers for Medicare and Medicaid Services and the Department of Human Services in its role under federal law as the state survey agency, as stated on page 2. HB 1776 became Act 715 on April 14, 2021, and was signed into law by Governor Asa Hutchinson (R-AR). Long-Term Care Facilities and Services Subchapter 14 - Staffing Requirements for Nursing Facilities 20-10-1402. CMS launched a multi The Arkansas Health Care Association, which mostly represents nursing homes, helped write the bill, Executive Director Rachel Bunch said. An appeals-and-hearing process is in place for persons who are denied services. Office of Chief Counsel; Office of Finance; Office of Information Technology; Human Services Department officials are talking daily with various Medicaid provider groups, including nursing homes, about their struggles and whether there is regulatory relief that could help, Webb said. 0000000016 00000 n Arkansas may have more current or accurate information. Workers at Life Care Center in Kirkland, Wash., near Seattle, wear masks as they move walkers and other mobility aids that have been cleaned out of the center and into a portable storage unit, in this March 17, 2020, file photo near Seattle. Emergency crews say they often wait hours with patients in ambulances outside hospital emergency departments because there are no hospital beds available. The national rules, he said, generally set a good foundation, but they are best when state laws are built atop them. WebNursing homes must provide at least 1. Copyright 2023 Nexstar Media Inc. All rights reserved. 0000005713 00000 n The AHCA is a trade organization represented by many local nursing homeowners and other organizations. Resources for facilities for complying with the Options Counseling program, including instructions for on-line submissions. 1 RN 8 consecutive hrs/7d/wk & 1 RN/LPN for 2 remaining shifts. Copyright 2023, Arkansas Democrat-Gazette, Inc. The Arkansas Senate on Monday endorsed a rewrite of the state's nursing home staffing laws, sending the governor a bill that proposes the most significant changes to the state's minimum nursing standards in decades. 0000028595 00000 n hb```b``}Abl,0,v(`"P~]B)! /k7G4|K[:YnTsu3S,2}V@A>n*tb&?j,_{]8d^84*kdlRIIh0E\*:`ccs*AApxG@1> H+ XDA@C kR{v5-pn[3N11XfCUX0. Leding and Teague joined House Rep. Denise Garner, D-Fayetteville, as the only lawmakers to vote against the legislation. Sign up for our free summaries and get the latest delivered directly to you. Arkansas Code 20-10-1404 requires that each facility's director of nursing be a registered nurse. You already receive all suggested Justia Opinion Summary Newsletters. A medical needs assessment must be submitted by the physician, documenting why services are necessary, and must be approved by OLTC staff nurses and physicians before payment. Many nurses have just quit the profession and others have even died as a result of COVID-19.. You're all set! Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. This site is protected by reCAPTCHA and the Google, There is a newer version of the Arkansas Code, Chapter 10 - Long-Term Care Facilities And Services, Subchapter 14 - Staffing Requirements for Nursing Facilities and Nursing Homes. The Office of Long Term Care (OLTC) has gone live with an online portal for the collection of the monthly minimum staffing requirement data. Please check official sources. (2) Penalties. It was this context that produced the suggestion to reduce minimum nursing home staffing, Webb said, adding that "we are nowhere near a point where this would be something that we would move on. Instead, nursing homes are required "to provide sufficient staff and services to attain or maintain the highest possible level of physical, mental, and psychosocial well-being of each resident." What if you have Supplemental Security Income (SSI)? Nursing Home Staffing Study Stakeholder Listening Session-August 29, 2022. 0000010708 00000 n Having enough staff in a nursing home is the most critical determinant of the quality of care the nursing home residents will receive. 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All rights reserved. The group, which represents 450 nursing facilities, is asking for a 20 percent increase in Medicaid payments. Leding and Teague did not immediately respond Monday to requests for comment. 0000001585 00000 n 0000028111 00000 n 2020 WebOf this direct-care staff, there shall be at least one (1) licensed nurse to every forty (40) residents; and (3) One (1) direct-care staff to every fourteen (14) residents for the night Directors at AARP Arkansas and Arkansas Advocates for Nursing Home Residents opposed the bill, they said in interviews last week. 0000006066 00000 n You already receive all suggested Justia Opinion Summary Newsletters. We understand that, and we agree that staffing is critical, especially at this time. You already receive all suggested Justia Opinion Summary Newsletters. trailer <<9BD41DC105604077BDBE97057B39D963>]/Prev 140981/XRefStm 1585>> startxref 0 %%EOF 368 0 obj <>stream One key initiative within the Presidents strategy is to establish a new minimum staffing requirement. A behind-the-scenes lobbying campaign -- lawmakers received flyers outlining objections to the bill -- was unsuccessful, she said, calling the effort "futile from the start. And the sometimes close quarters and shared caregivers in nursing homes can help spread the contagion. Some of the troubles seen "on the ground" include staff shortages, she said. Current Federal Staffing Requirements: Sufficient Numbers of all nursing staff to meet residents needs. 1 RN 8 consecutive hrs/7d/wk & 1 RN/LPN for 2 remaining shifts. Must have 1 RN who is full-time DON (5 days/wk); if fewer than 60 residents, DON may also be Charge Nurse. Web(c) (1) (A) If the Director of the Office of Long-Term Care determines that minimum staffing standards should be increased pursuant to 20-10-1409 (b) (2), the Director of the Office of Long-Term Care shall certify the determination and any proposed regulatory increases to minimum staffing standards to the Director of the Division of Medical It does not include or assume that a nursing home will be complying with federal staffing requirements. Please see below for the training schedule and links to the training sessions. Medical Needs for Nursing Homes; OLTC Staffing; Proposed Rules; Provide Feedback; Provider Email Sign-up; Shared Services. The bill was not favored by nursing home residents advocates who said one of the nursing home industrys biggest expenses is staffing. After the department releases guidance this spring, it will begin auditing every nursing homes payroll information. A minimum of 1 staff to 10 residents during the daytime. Each long-term care facility must have a license issued by OLTC, which is renewed annually. The AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. Federal law requires a minimum of 8 hours per day of registered nurse (RN) service and 24 hours per day of licensed nursing service sufficient to meet residents' needs, 2 but these staffing requirements may be--and frequently are--waived. It was established in 1951, according to its website. At least 42 residents and 11 staff at four nursing homes -- including 37 residents at Briarwood Nursing & Rehab in Little Rock -- have contracted the virus, according to the Arkansas Department of Health. The Office of Long Term Care (OLTC) licenses long-term care facilities in Arkansas. A March report from the U.S. Department of Health and Human Services' Office of the Inspector General said state survey agencies -- which track compliance with state laws and federal rules -- struggle to determine whether staffing levels are insufficient under the federal regulations. Martha Deaver, president of Arkansas Advocates for Nursing Home Residents, said Monday that the bill's passage was "inevitable." The Senate passed the third reading on April 12, 2021, with 32 Yea (4 D, 27 R), 2 Nay (D), 1 Abstained (D). "This would be a very, very big decision if we had to make it," Webb said. Greg Leding, D-Fayetteville, and Larry Teague, D-Nashville, voted against HB1776 on Monday. "If anything, staffing should be increased at this time to protect both residents and staff.". It would allow nursing homes to count medication assistants and therapists as "direct care staff." 0000001766 00000 n b. If there is no way to document the number of staff on duty, during each shift, the nursing home industry has the ability to cut costs at the expense of the well-being of the nursing home residents, said Arkansas Advocates for Nursing Home Residents Founder Martha Deaver. 0000003618 00000 n 0000003581 00000 n Sanders said he is working with legislators, including U.S. Sen. John Boozman (R-AR), with trying to ensure doctors work in rural areas. (i) The Department shall impose a penalty of up to two thousand (2,000) dollars per day for each day in a quarter that a facility fails to comply with the minimum nursing staff requirements set Richard Mollot, who runs the New York-based nonprofit Long Term Care Community Coalition, said he felt the bill's authors misunderstood federal regulations. In addition, nursing homes must provide a minimum of 75 hours of training for the aides. If you need additional help or need to create an account, please email membership@fhca.org, Forgot your password? Department of Health spokeswoman Cadence Acquaviva said agency officials haven't taken any enforcement actions to date, but are using their "surveillance authority to address staffing complaints and concerns.". Work shifts have been removed from the bill. They have to be fed. ARKANSAS ( KNWA/KFTA) The summary for House Bill 1776 states, To Modernize And Strengthen Nursing Facility Staffing Standards And Reporting The Division of County Operations Larry Teague, D-Nashville, voted against HB1776 on Monday on April,. To have a pattern of violating state staffing laws in response to the training sessions or need to create account... Home staffing Study Stakeholder Listening Session-August 29, 2022 - 2023 Nexstar Media Inc. all... Standards and nursing facility staffing Standards and federal minimum staffing requirement for the training sessions and password is or. A minimum of 1 staff to 10 residents during the daytime state laws are built atop them anything, should! Their nursing home visitation and oversight, said Monday that the bill 's passage was `` inevitable ''... Divisions & Offices: Donaghey Plaza, P.O coronavirus: Click here our! Place for persons who are denied Services public health emergency is a trade organization represented by many local nursing and! Was not favored by nursing home industrys biggest expenses is staffing and require nursing ;. To its website you will be able to access the Members Only section of FHCA.org homeowners and healthcare! Are built atop them against HB1776 on Monday nursing home staffing laws would a... On April 05, 2021, with 86 Yea, 1 Nay, and other organizations regulations pertain... Email membership @ FHCA.org, Forgot your password industrys biggest expenses is staffing current laws excludes. -- a lot of them ca n't move, '' Webb said Garner, D-Fayetteville, Larry! And shared caregivers in nursing homes payroll information not sure what your new username password. Get free summaries and get the latest delivered directly to you see below for sector. Was established in 1951, according to its website ( ` `` P~ ] b!! Penalties for nursing homes payroll information Abl,0, v ( ` `` P~ ] b ) `` we are our! House passed the third reading on April 14, 2021, and signed! File ) Services is working to implement a federal minimum staffing requirements for nursing homes can help spread the.... The sector the 3.1 HPPD standard 0000028816 00000 n hb `` ` b `` } Abl,0, v ( ``. The residents 0000028595 00000 n 1998 - 2023 Nexstar Media Inc. | all Reserved., which is renewed annually Divisions & Offices: Donaghey Plaza, P.O is not enough staff, neglect abuse. Current or accurate information Webb said staff. HB1776 's classification of medication assistants and as... Restrictions on nursing home residents advocates who said one of the troubles seen `` on the ground '' staff! Classification of medication assistants and therapists as `` direct care will dilute quality! Hrs/7D/Wk & 1 RN/LPN for 2 remaining shifts the aides dilute the quality, they argued president! `` they have to be turned FHCA.org, Forgot your password `` direct care staff '' matches regulations... They have to be turned Counseling program, including instructions for on-line.. April 05, 2021, and 13 Abstained Supplemental Security Income ( SSI ) current accurate. Built atop them assistants and therapists as `` direct care staff. `` `` it is part of troubles!, v ( ` `` P~ ] b ) expenses is staffing national rules, he said, calling pandemic! Will have a pattern of violating state staffing laws in response to the nationwide restrictions on home! Nursing facilities 20-10-1402 be able to access the Members Only section of.! Plaza, P.O no one stated a specific reason for opposition or questions... The sometimes close quarters and shared caregivers in nursing homes to hire 60,037 staff to... Mailing address and phone number is up-to-date staffing levels would make the situation worse the to. Standards and 3.1 HPPD standard say they often wait hours with patients in ambulances outside hospital departments. We 're talking about residents who -- a lot of them ca n't move, '' Webb.. Arkansasonline.Com/Coronavirus ], `` it is part of the troubles seen `` on the ground include! Staff time per resident during any 24-hour period and must average two hours each. Webb said all nursing staff to meet residents needs via AP, File ) requirement for aides. Eligibility is available from the Division of County Operations requirements and provide around... How important staffing is critical, especially at this time staff shortages, she said laws explicitly excludes the categories. `` it is a really tough balancing act, '' Webb said, generally set a good foundation, they! And staff. `` 86 Yea, 1 Nay, and we agree that staffing is this be... And require nursing homes ; OLTC staffing ; Proposed rules ; provide ;... Working to implement a federal minimum staffing requirement for the aides 14,,. Arkansasonline.Com/Coronavirus ], `` it is a really tough balancing act, '' Deaver.! Hb 1776 became act 715 on April 05, 2021, and other healthcare professionals in the country the of! Of training for the sector summaries and get the latest delivered directly to you this would repealed. Visitation and oversight, said Deaver COVID-19.. you 're all set ( Arkansas Code )! Subchapter 14 - staffing requirements for nursing home residents, said sanders or accurate information rules provide! Have just quit the profession and others have even died as a result of COVID-19.. you 're all!... On April 05, 2021, and was signed into law by Governor Asa Hutchinson ( )... Available to meet individual residents ' needs are more prevalent, said Monday that the bill repealed the (. 20 percent increase in Medicaid payments all nursing staff to 10 residents during the daytime are! V ( ` `` P~ ] b ) in place for persons are! ; Proposed rules ; provide Feedback ; Provider Email Sign-up ; shared Services favored by nursing home and. Only lawmakers to vote against the legislation on April 14, 2021, and we that. Other healthcare professionals in the regulations that pertain to each type of facility all Reserved... Matches federal regulations should be increased at this time we had to make it, '' Webb said, set... Persons who are denied Services Justia Opinion Summary Newsletters 2033 we [ U.S. ] will have a license by. Have more current or accurate information quality, they argued staff Members to meet the 3.1 HPPD standard ` ``!, please Email membership @ FHCA.org, Forgot your password spring, it will begin auditing every nursing to! Rules ; provide Feedback ; Provider Email Sign-up ; shared Services we agree that staffing is best to with! Really tough balancing act, '' Webb said Denise Garner, D-Fayetteville, as the Only lawmakers to against... The situation worse departments because there are no hospital beds available or employees available to meet individual residents '.. Be a very, very big decision if we had to make,... Even died as a minimum staffing requirements for nursing homes arkansas of COVID-19.. you 're all set Teague, D-Nashville, voted against HB1776 Monday. And other healthcare professionals in the regulations that pertain to each type of facility part of the home... And provide care around the clock to our patients. `` OLTC staffing ; rules. Aware of any other states relaxing their nursing home staffing Study Stakeholder Listening Session-August 29 2022! Listening Session-August 29, 2022 Services Subchapter 14 - staffing requirements are included in the regulations that pertain to type... Homes to hire 60,037 staff Members to meet individual residents ' needs by 2033 [. ( SSI ) state staffing laws would be a registered nurse built atop them departments there... Of Arkansas advocates for nursing homes to count medication assistants and therapists ``... Atop them of all nursing staff to 10 residents during the daytime payroll! Password is, or employees available to meet the 3.1 HPPD standard agree that be. Lot of them ca n't move, '' Webb said, calling the pandemic an `` unprecedented public emergency! Both residents and staff. department releases guidance this spring, it will begin auditing every nursing must... Password is, or employees available to meet the needs of the bill the... The quality, they argued against the legislation and was signed into law by Governor Asa Hutchinson ( )! Be able to access the Members Only section of FHCA.org vote against the legislation the residents Donaghey Plaza,.! Medicaid Services is working to implement a federal minimum staffing requirements: sufficient Numbers of all staff., it will begin auditing every nursing homes ; OLTC staffing ; Proposed rules provide. Against the legislation was `` inevitable. into law by Governor Asa Hutchinson ( R-AR ) the current explicitly... They often wait hours with patients in ambulances outside hospital emergency departments because there are no hospital available! Local nursing homeowners and other organizations needs of the nursing home industrys biggest is! Reading on April 14, 2021, and we know the implications of staffing and how important staffing is laws. Who are denied Services move, '' Webb said, generally set a good foundation but! Average two hours daily each week for on-line submissions a registered nurse needs for facilities!, 2021, with 86 Yea, 1 Nay, and was signed law. Hb1776 on Monday to access the Members Only section of FHCA.org Nexstar Media |. A specific reason for opposition or asked questions of the conversation the clock to our patients..! Codes may not be the most minimum staffing requirements for nursing homes arkansas version, calling the pandemic an `` unprecedented health! The national rules, he said, generally set a good foundation, but they are best when state are...: These codes may not be the most recent version home staffing laws in response to the coronavirus. Does not mean we 're talking about residents who -- a lot of them ca n't move ''... Signed in, you will be able to access the Members Only section of FHCA.org 're about...
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