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Authors Posts by Carol Ferenz

Carol Ferenz

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ODP Announcement 20-019 has been updated in response to growing concerns about the spread of COVID-19 and its potential impact on the delivery of services to individuals with an intellectual disability or autism. The Department of Human Services (DHS), Office of Developmental Programs (ODP) has updated the operational guidance and recommendations for Supports Coordination Organizations of intellectual disability and autism services including AAW. All clarification appears in red.

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ODP Announcement 20-026 is to communicate that ODP is extending its deadline for the requalification process for Cycle 1 Year 3 to October 31, 2020.

Providers are required to be requalified on a 3-year cycle. This year, Year 3, providers with MPI ending in 6–9 are scheduled for requalification, as well as any provider who was initially qualified in FY 18–19. Due to COVID-19 virus, the ability to process requalification applications in a timely manner has been compromised as a result of remote working and time and energy being spent on addressing the current situation.

Therefore, ODP is extending the deadline for provider requalification until October 31, 2020, so that providers and AEs can remain focused on the delivery of services to individuals. A more detailed operational guide will be forthcoming.

For inquiries regarding this communication, contact the ODP Provider Qualification mailbox.

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The Centers for Medicare & Medicaid Services (CMS) approved Pennsylvania’s request to amend the following 1915(c) Home and Community-Based Services (HCBS) Waivers with the Emergency Preparedness and Response Appendix K in order to respond to the COVID-19 pandemic:

WAIVER TITLE CMS AMENDMENT CONTROL NUMBER

  • Adult Autism Waiver PA.0593.R02.06
  • OBRA Waiver PA.0235.R05.10
  • Consolidated Waiver PA.0147.R06.05
  • Person/Family Directed Support Waiver PA.0354.R04.05
  • Community Health Choices Waiver PA.0386.R04.01
  • Community Living Waiver PA.1486.R00.04

The amendments that the state has requested in the Appendix K are effective for the Adult Autism and Community HealthChoices waivers from March 6, 2020 through June 30, 2020 and March 11, 2020 through March 11, 2021 for the OBRA, Consolidated, P/FDS, and Community Living Waivers and apply in all locations served by the individual waivers for anyone impacted by COVID-19.

For each waiver the approved Appendix K is below:

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OCR Issues Guidance on Telehealth Remote Communications Following Its Notification of Enforcement Discretion
March 20, 2020

On March 20, 2020, the Office for Civil Rights (OCR) at the U.S Department of Health and Human Services (HHS) issued guidance on telehealth remote communications following its Notification of Enforcement Discretion during the COVID-19 nationwide public health emergency.

The Notification, issued earlier this week, announced that effective immediately, OCR is exercising its enforcement discretion to not impose penalties for HIPAA violations against health care providers in connection with their good faith provision of telehealth using communication technologies during the COVID-19 nationwide public health emergency.

The new guidance is in the form of frequently asked questions (FAQs) and clarifies how OCR is applying the Notification to support the good faith provision of telehealth. Some of the FAQs include:

  • What covered entities are included and excluded under the Notification?
  • Which parts of the HIPAA Rules are included in the Notification?
  • Does the Notification apply to violations of 42 CFR Part 2, the HHS regulation that protects the confidentiality of substance use disorder patient records?
  • When does the Notification expire?
  • Where can health care providers conduct telehealth?
  • What is a “non-public facing” remote communication product?

“We are empowering medical providers to serve patients wherever they are during this national public health emergency,” said Roger Severino, OCR Director. “We are especially concerned about reaching those most at risk, including older persons and persons with disabilities,” Severino added.

  • The FAQs on telehealth remote communications may be found here.
  • The press release on telehealth remote communications may be found here.
  • The Notification of Enforcement Discretion on telehealth remote communications may be found here.

For more information on HIPAA and COVID-19, see OCR’s February 2020 Bulletin, use this link.

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From ANCOR:

We’re hearing that the Senate could begin voting as early as tonight (on the third-round stimulus package, which we’re working to ensure includes funding for key I/DD programs and prioritizes Medicaid-funded services). We’ve seen a fabulous response to the action alert we sent late yesterday (thank you!), but we need to ensure several influential Senators hear from advocates on this issue. Please use this link to reach your legislator.

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ANCOR is issuing a third call to action this week because we just updated our message to Congress about funding supports for people with intellectual / developmental disabilities (I/DD) during the COVID-19 outbreak. The new message reflects greater urgency, given Congressional negotiations that are occurring right now.

The Ask: Please use this updated email action tool to ask Congress to fund disability supports as it negotiates a third COVID-19 package.

The Details: Senate Republican and Democrats are working on competing packages for a third round of COVID-19 funding legislation. Because the negotiations surrounding combining these packages are creating new openings for the needs of people with I/DD to be heard, we are sending Congressional offices a revised message from the one we sent yesterday. This new message further emphasizes how urgently disability supports need funding to ensure the well-being of the people they support during the outbreak. It also expresses disappointment that these supports have not been included in funding packages to date. It is very important that you speak up during this critical time when legislation is being drafted!

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