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Authors Posts by Carol Ferenz

Carol Ferenz

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Dear ANCOR Members:

To keep you informed of the political and fiscal climate that will shape reconciliation and with it, the prospects for the Better Care Better Jobs Act, we flag the following article from Politico:

“Senate Democrats announced a top line budget number late Tuesday that will propel their plan to enact the full array of President Joe Biden’s social welfare and family aid promises without Republican votes.

The proposal sets an overall limit of $3.5 trillion for the spate of Democratic policy ambitions that won’t make it into a bipartisan infrastructure deal, if Congress can reach one. If the still-forthcoming budget resolution can clear both chambers with lockstep party support, it will unleash the power to circumvent a GOP filibuster using the so-called reconciliation process, the same move that Democrats used to pass the president’s $1.9 trillion pandemic aid package in March.

Combined with a bipartisan infrastructure compromise that’s still getting shaped into legislation, Senate Majority Leader Chuck Schumer said the budget’s investments in infrastructure, the middle class and more would total about $4.1 trillion, “which is very, very close to what President Biden asked us for.” Biden will also attend Democrats’ lunch on Wednesday to discuss the plans, Schumer said.

“We are very proud of this plan,” Schumer said. “We know we have a long road to go … If we pass this, this is the most profound change to help American families in generations.”

Democrats on the Senate Budget Committee reached agreement on the overall total for their party-lines spending plan during their second meeting this week with Schumer and White House officials in the Capitol. Their next step is ensuring all 50 Democratic caucus members can support the $3.5 trillion figure, said Sen. Tim Kaine (D-Va.), a member of the budget panel.

“The goal is for the Budget Committee to all be on the same page and then sell it to the caucus,” he said. “Once the Budget Committee is on the same page, numbers will start to come out. But we still have a little ways to go to get there.”

The budget resolution will require backing from every Democrat to make it through the upper chamber and officially kick off reconciliation, which will formally instruct various committees to turn the president’s priorities into legislative text. Progressives like Budget Chair Bernie Sanders (I-Vt.) had pushed for a top line as high as $6 trillion, while centrists have endorsed a smaller figure that doesn’t rely on deficit financing.

Despite getting trillions less than his original ask, Sanders said the agreement on $3.5 trillion is a “big deal” when it comes to “transforming our infrastructure.” The budget plan is set to expand Medicare to cover vision, dental and hearing for seniors – a major priority for Sanders.

Sens. Joe Manchin (D-W.Va.) and Jon Tester (D-Mont.), both moderates, said earlier Tuesday that they’ll need time to sort through the plan compiled by the Budget Committee.

“We need to pay for it,” Manchin said. “I’d like to pay for all of it. I don’t think we need more debt.”

Before an agreement was reached, Kaine and fellow Budget panel member Sen. Chris Van Hollen (D-Md.) didn’t dismiss Manchin’s financing demand outright.

“There are many ways to get there,” Van Hollen said. “Certainly, it’s important that everyone who says it needs to be paid for also identifies ways to pay for what needs to be done.”

Democrats’ massive party-line package is expected to include policies like Biden’s proposal for two years of free community college, paid leave, health care subsidies, extending the boosted child tax credit and helping families cover child care costs.

Schumer has said he hopes to adopt the budget resolution on the floor in the next few weeks. That vote will be “the first step” toward passing the “remaining elements” of Biden’s social and economic plans without Republican support, the leader told Democratic senators in a letter this month, warning of “the possibility of working long nights, weekends, and remaining in Washington into the previously-scheduled August state work period.”

Meanwhile, negotiations on a bipartisan infrastructure bill, which would require support from at least 10 Senate Republicans, are starting to get shaky amid GOP concerns over spending and ways to finance the legislation.

Embarking again on a reconciliation bill will be arduous and painful for Democratic lawmakers. The process involves enduring two more vote-a-rama sessions in the Senate, each of which will allow Republicans to fire off a barrage of politically tricky amendments.

The Senate parliamentarian, who serves as the chamber’s nonpartisan procedural enforcer, is also expected to shoot down parts of the proposal that are found to be out of bounds under the special budget process.”

——————————
Doris Parfaite-Claude
Federal Advocacy and Research Manager
American Network of Community Options and Resources
Alexandria, VA
(703) 535-7850 (108)

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The ID/A Coalition is aware that the Office of Developmental Programs (ODP) has requested a meeting with Centers for Medicare & Medicaid Services (CMS) to discuss the plan for the American Rescue Plan funds and has requested that CMS advise ODP to continue the enhanced rates that were in effect January 1, 2021–June 30, 2021. In a letter to Daniel Tsai, Deputy Administrator and Director for the Center for Medicaid and CHIP Services (CMCS), the Coalition wrote:

“We request that CMS support the continuance of these increased rates, rather than permit the rates to be reduced as proposed. The providers of these services continue to incur increased costs to providing services as a result of the on-going nature of the pandemic. Measures need to be taken in order to prevent the spread of COVID, and providers are dealing with the inability to attract and retain employees to provide these services. The rate was insufficient prior to the pandemic, and the additional stressors to the system have amplified this issue. The continued increased rates are critical to the provider’s ability to provide these important services.”

As we learn how CMS responds to this request, we will share any further information with members.

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Close-up of Hands holding pens and making notes at the conference

Monday, July 19, 2021
2:30 pm–4:00 pm

AND

Tuesday, July 20, 2021
9:00 am–10:30 am

This training session will provide an overview of the Office of Developmental Programs’ (ODP) QA&I Interim Year 2 Review Process for Fiscal Year (FY) 2021–2022. ODP encourages all Administrative Entity, Supports Coordination Organizations, and Provider QA&I leads to join the session. For more information on the ODP QA&I Interim Year 2 Review Process, see ODP Announcement 21-052; the link to the announcement is here. Also, please read the Pennsylvania Office of Developmental Program’s Quality Assessment and Improvement FY 21–22 Interim Year 2 Review Process document distributed to all stakeholders on July 7, 2021 prior to participating in the training. There is a link to the process document available here.

In addition, only register for one training session at the follow links:

REGISTER for July 19 Session 

REGISTER for July 20 Session

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Image by Werner Moser from Pixabay

ODP Announcement 21-053 announces the opportunity for public comment on the draft Room and Board Bulletin. The public comment period is open for 30 days from July 13, 2021 until August 13, 2021.

Under 55 Pa. Code Chapter 6100, room and board agreements:

  • Ensure that individuals have access to essential items such as food, cleaning products, toiletries, towels, bedding, access to a telephone and internet, etc.;
  • Are required whenever an individual receives the Residential Habilitation or Life Sharing Service through base funding, the Consolidated Waver, the Community Living Waiver, or the Adult Autism Waiver;
  • Are not required when an individual receives the Life Sharing service in a home that the individual owns or leases; and
  • Are not required when an individual receives Supported Living service since the individual owns or leases the home.

This bulletin was drafted to provide clarification on policies and procedures to providers for collecting and calculating room and board, provider responsibilities covered under room and board, and instructions on how to complete the Room and Board Residency Agreement.

COMMENTS: Interested stakeholders are invited to review and make comments on the proposed Room and Board Bulletin as outlined below. Comments received by 11:59 pm on August 13, 2021 will be reviewed and considered for revisions to the bulletin.

Comments submitted in writing should be addressed to:
Denise Adams-Moore,
Department of Human Services,
Office of Developmental Programs,
625 Forster Street, Room 510,
Harrisburg, PA 17120.

Comments submitted through email should be sent to ODP using subject header “Room and Board Bulletin Public Comment.”

There will be two webinars offered to provide an overview of the bulletin, answer questions, and provide an opportunity for participants to provide verbal comment. ODP encourages you to sign up for only one session that is most appropriate for your role, as there are limited spaces. These sessions will be recorded and posted on MyODP.

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Today, July 9, 2021 the Office of Developmental Programs (ODP) held a webinar to provide guidance for HCBS providers regarding on-going infection control and mitigation strategies. This PowerPoint presentation was reviewed during the webinar.

ODP no longer intends to issue updated written guidance to providers and instead is directing providers to the CDC website, and to PA Department of Health, for on-going guidance. The CDC now has specific guidelines for Direct Service Providers that applies to service providers in the HCBS system.

While CDC guidance is broad based, PA Department of Health guidelines may have more specific guidance based upon conditions in PA. Therefore, if there are differences in the policies, PA DOH guidance should be followed. Providers should frequently check these websites for updates.

The guidance provided by the CDC and the DOH are considered recommendations, not requirements, and each provider is charged with developing their own policies. ODP urges providers to consider all aspects of their service circumstances when developing their policies, including who is participating, where are the services provided, are those involved vaccinated, are the participants coming from various settings where they are exposed to others, etc. Policies must be clearly communicated to participants, families, and employees.

Providers may NOT refuse visitation by families (although specific guidelines such as limits to amount of people, length of time, etc. may be instituted), Department staff, including licensing and other regional office staff, Administrative Entity staff, and Supports Coordinators conducting individual monitoring. Access for inspections, investigations and individual monitoring may not be denied.

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The Office of Developmental Programs is issuing this Health Alert to bring awareness of a recall affecting certain Philips Respironics Ventilators, BiPAP, and CPAP machines due to potential health risks. The Food and Drug Administration recently issued a Safety Communication regarding this: Certain Philips Respironics Ventilators, BiPAP, and CPAP Machines Recalled Due to Potential Health Risks: FDA Safety Communication | FDA.  In their communication, the FDA provides guidance for people who use the affected devices and their caregivers. 

The devices involved are listed here.

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Photo by MChe Lee on Unsplash

Gov. Tom Wolf signed Senate Bill 664 into law on June 30, 2021, now known as Act 66 of 2021, that permits students with disabilities who graduated during the 2020–21 school year and turned age 21 during the 2020–21 school year to attend school during the 2021–22 school year and receive services as outlined on their most recent Individualized Education Program (IEP) with all the protections under the Individuals with Disabilities Education Act (IDEA).

Parents have the power to decide if their children should repeat their final year to help catch up on learning loss due to the pandemic. The new law gives parents the final say in the decision, not just the school and teachers. However, the decision to repeat a grade level or remain an additional year must be made by July 15, 2021.

As you know, the Office of Developmental Programs (ODP) requires Person/Family Directed Services (P/FDS) waiver capacity to be reserved by counties for high school graduates who are not eligible to continue their education through the next year. This year is unique since these students are now eligible to choose to continue for an additional year. However, the choice to repeat a grade or remain an additional year under Act 66 of 2021 does not preclude the person from enrollment in P/FDS. Every student slated for a 2021 graduation at age 21, must be offered enrollment in the P/FDS waiver, if they are not enrolled in another waiver, regardless of whether they exercise their right to continue for an additional year under Act 66. A graduate may choose to repeat their final year of high school and enroll in P/FDS. The P/FDS waiver can be used to support the assessed needs that the high school is not required to provide.

ODP expects that Supports Coordinators are immediately communicating this information to all individuals and families that were identified as 2021 graduates and assuring them that the determination to repeat a year of school will not impact their eligibility for or current enrollment in the P/FDS waiver.

Please note: Act 66 applies to students enrolled in any of the following school entities in Pennsylvania during the 2020–21 school year: a school district, intermediate unit, career and technical education center, charter school, cyber charter school, regional charter school, nonpublic school, approved private schools, and chartered schools for the deaf and blind.

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