ODP Regulations for Community Services IRRC Approved

Today the Independent Regulatory Review Commission (IRRC) approved the adoption of the proposed Chapter 6100 regulations and the accompanying changes to Chapter 2380, 2390, 6400, and 6500 (program requirements for licensed residential and day facilities). The revisions made to the four licensing chapters align requirements to provide continuity across all programs, eliminate conflict for providers, and reduce DHS oversight complexity and costs. Areas that are now compatible include individual planning, individual rights, staff training, incident management, medication administration, and restrictive procedures. Chapter 6100 replaces Chapter 51 which previously regulated program and fiscal rules for services provided in facilities and in the home and Chapter 6200 Room and Board Regulations.

Chapter 6100 was developed over a four-year period of time, with much input from stakeholders including a work group made up of 45 individuals, families, advocates, universities, county programs, and providers that met 15 days over the four years. A smaller fiscal work group also met several times in 2015. Much public comment was received and major changes were made from proposed rulemaking to the final regulations as a result.

Now that the IRRC has approved the regulation, the next step is for the package to be sent to the Attorney General for approval and then to the Legislative Reference Bureau for publication in Pennsylvania Bulletin. It is anticipated that publication will occur on December 29, 2018.

The effective dates will be as follows:

• Date of Publication (target date is December 29, 2018) – Reserved Capacity, Claims, Progress Notes, Payment, Enforcement, AWC, OHCDS, Vendors
• March 17, 2019 – Size of Service Location
• 120 Days following publication (target date April 29, 2019) – Licensing and Remaining Sections of Chapter 6100

Any questions, contact Carol Ferenz, RCPA IDD Division Director.