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Authors Posts by Fady Sahhar

Fady Sahhar

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Fady is responsible for policy and regulatory matters related to Physical Disabilities and Aging, with primary focus on personal assistance, employment services, and service coordination. Emphasis is placed on engaging the Office of Long-Term Living and the Community HealthChoices Managed Care Organizations, coordination of care with Behavioral HealthChoices MCOs, and collaborations with other advocacy and provider associations. Fady is also the President / CEO of ProVantaCare, an RCPA-affiliated company focused on contracting with MCOs, and is the President of XtraGlobex, a consulting firm focused on Value-Based Payment contracting. He brings extensive experience in the advocacy and operations of human services providers in physical disabilities and aging, from his role at Liberty Resources, Inc., and his service with a number of nonprofit services providers. He earned an MBA in Marketing from The University of Tennessee and a PhD in Organizational Leadership from Capella University.

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The Department of Human Services (DHS) has made the Medical Assistance (MA) and Children’s Health Insurance Program (CHIP) Managed Care Quality Strategy (MCQS) for the Commonwealth available for public review and comment. The MCQS is an updated version of the previous strategy submitted to the Centers for Medicare and Medicaid Services (CMS) in December 2020 and accounts for the ongoing post-pandemic delivery system pressures that have affected how managed care organizations (MCOs) deliver care. The MCQS may be viewed online. Comments may be submitted via email, and those received within 30 days will be reviewed and considered. Additional information is available on the Pennsylvania Bulletin.

If you have any questions, please contact Fady Sahhar.

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Image by Werner Moser from Pixabay

The Administration for Community Living (ACL) is seeking input on a proposed rule to establish the first-ever federal regulations for adult protective services (APS) programs. Instructions for submitting comments and registering for an informational webinar can be found on ACL’s website and below.

APS programs across the country support older adults and adults with disabilities who experience, or who are at risk of, abuse, neglect, self-neglect, or financial exploitation. APS programs investigate reports of maltreatment; conduct case planning, monitoring, and evaluation, and provide, or connect people who have experienced maltreatment to, a variety of medical, social service, economic, legal, housing, law enforcement, and other protective, emergency, or support services to help them recover. Over the past decade, ACL has led federal efforts to support the critical work of APS programs through a variety of initiatives.

First-Ever Federal Regulations for APS

The proposed rule aims to improve consistency and quality of APS services across states and support the national network that delivers APS services, with the ultimate goal of better meeting the needs of adults who experience or are at risk of maltreatment. To those ends, the proposed rule:

  • Establishes a set of national standards for the operation of APS programs that all state APS systems must meet. These standards formalize — and build upon — the existing National Voluntary Consensus Guidelines for State APS Systems.
  • Establishes common definitions for the national APS system to improve information sharing, data collection, and standardization between and within states.
  • Requires state APS systems to develop policies and procedures, consistent with state law, for coordination and sharing of information to facilitate investigations with other entities, such as state law enforcement agencies and state Medicaid agencies.
  • Requires state policies and procedures to be person-directed and based on concepts of least restrictive alternatives.
  • Establishes requirements for data collection, retention, and reporting.
  • Establishes requirements for mandatory staff training and ongoing education on core competencies for APS staff and supervisors.

ACL has created a fact sheet with highlights of key provisions of the rule, and the full text of the proposed rule can be found on the Federal Register website.

Input Needed

The proposed rule is the culmination of many years of engagement with stakeholders from APS and long-term care ombudsman programs, as well as disability advocates, from across the country. It also reflects input received through several listening sessions, extensive research, and analysis of data from a 2021 survey of 51 APS systems, ACL’s National Adult Maltreatment Reporting System, and policy profiles from APS programs in all states and territories.

ACL now seeks feedback on the proposed rule from all who are interested in improving implementation of APS programs and services. Input from the aging and disability networks and the people served by APS programs is particularly crucial.

Comments will be accepted for 60 days, beginning when the proposed rule is officially published in the Federal Register (which currently is scheduled for Tuesday, September 12). Instructions for commenting, along with the comment deadline, can be found in the Federal Register notice and on ACL’s website.

An informational webinar will be held on Monday, September 18, at 11:30 am ET. Advance registration is required.

For additional questions, contact Fady Sahhar.

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Last week, the US Department of Health and Human Services (HHS) Secretary Xavier Becerra hosted a press conference to announce a rule proposed by the HHS Office for Civil Rights that would update Section 504 of the Rehabilitation Act of 1973. This is the first time these critical regulations will have been updated since they were originally signed in 1977, after four years of tireless advocacy and a 28-day protest led by disability civil rights leaders.

Updates to the rule include:

  • Clarifications on the obligations to provide services in the most integrated setting appropriate to a person’s needs, consistent with the Supreme Court’s decision in Olmstead v. L.C;
  • Medical treatment decisions are not based on biases or stereotypes about people with disabilities, judgments that an individual will be a burden on others, or beliefs that the life of an individual with a disability has less value than the life of a person without a disability;
  • Adoption of standards for accessible diagnostic medical treatment;
  • Adoption of the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, which are accessibility standards for websites and mobile applications;
  • Clarification of requirements in HHS-funded child welfare programs and activities to help eliminate discriminatory barriers faced by children, parents, caregivers, foster parents, and prospective parents with disabilities; and
  • Prohibition of the use of value-of-life assessments in treatment decisions.

Read the official announcement, full rule, fact sheet, and instructions on how to provide comments on the HHS website. If you have any questions, please contact Fady Sahhar.

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The RCPA 2023 Annual Conference A Decade of Unity is scheduled for October 10 – 13, 2023, at the Hershey Lodge. The sessions listed below are a sample of the sessions planned, and these include the opportunities to interact with DHS, OLTL, and Aging Department leaders. This will be further enhanced by the participation of current and prospective CHC-MCOs. Of course, a number of networking events with your peers, technology innovators, and vendors to improve your operations make these days a must-have for your agency! View the list below of planned sessions for your PD&A teams:

  1. State of the State: DHS Secretary Arkoosh
  2. Become a Destination Employer
  3. Moral Injury: Reframing and Repair
  4. Restrictive Practices Across the States: Strategies to Advocate for Change
  5. The Happy Valley FitLink Approach to Inclusive Wellness
  6. OLTL Updates and Quality Initiatives
  7. Driving Pennsylvania’s Health Care Transformation: Integrating Perspectives for Advanced Patient-Centered Care
  8. Value-Based Purchasing: A Survival Guide
  9. Beyond Accessibility: Diversity and Inclusion in the Disability Community
  10. Addressing the Workforce Crisis: Strategy and Policy Learnings From Four Organizations
  11. Enabling Technology: The Why, What, and How Needed to Make it Happen
  12. Leadership and Navigating Change (1 and 2)
  13. Getting Past the First Meeting to the Contract Negotiation
  14. Revealing the Potential of Smart Home Technologies for People With Disabilities Through Research and Resources
  15. Findings on Stakeholder Engagement for the PA Master Plan for Older Adults
  16. Reducing Health Disparities Through a Collaborative Approach to Value-Based Contracting
  17. Attracting and Retaining the Best Talent: Mitigating Bias in Hiring, From Sourcing Through Onboarding
  18. Independence and Wellness Through Employment

Use this link for quick, convenient online registration for the 2023 Annual Conference! You can view the brochure for the full schedule as well as the RCPA Conference website for further details. We look forward to seeing you in Hershey this October!

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The University of Pittsburgh and other Pennsylvania-based partners are supporting the efforts of the Commonwealth of Pennsylvania, led by the Pennsylvania Department on Aging, to develop a Master Plan for Older Adults. Please circulate this survey on PA Aging and Disability Needs to your consumers and encourage them to complete it ASAP.

This project is being led by Dr. Howard B. Degenholtz and Dr. Steven Albert from the University of Pittsburgh School of Public Health. Please use this link to share any questions or concerns you have about the process.

If you have any questions, please contact Fady Sahhar.

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Last week, the Office of Long-Term Living (OLTL) issued the following message to clarify criminal history background checks and child abuse history requirements:

In accordance with 55 Pa. Code § 52.19(d), hiring policies shall be in accordance with the PA Department of Aging’s (PDA) Older Adults Protective Services Act policy as posted on the PDA website. The Criminal History Background Checks page of the PDA website contains an OAPSA and Act 28 Summary, which summarizes criminal history background checks. The process is as follows:

All applicants must submit to a PA State Police (PSP) criminal history background check. Applicants can use the online process at Pennsylvania Access to Criminal History (PATCH) or mail the request with a money order or cashier’s check made payable to “Commonwealth of PA” to the State Police for processing. If there is no criminal record, the PSP will forward a letter stating the same. If there is a criminal record, the PSP will forward a copy of the rap sheet to the requester.

If the applicant has not been a PA resident for the two consecutive years before application, they will need to have a PSP criminal history background check completed and an FBI Background Check. All requests for FBI background checks must be made directly through 3MCogent Systems, a 3rd party electronic background check processor contracted by the Department of Aging. The fingerprinting registration process is conducted through Cogent online. The fee for the FBI background check is $23.00. The fingerprints will be forwarded to the FBI for processing by PDA. When the application has been processed by the FBI, the results will be returned to PDA. PDA will send letters to both the facility & applicant. The applicant will receive a copy of the FBI criminal history record information if applicable.
Note: It’s possible that the fee for FBI background checks cited above could change over time.

In addition, agency employees who will be providing services in a home where children reside must also obtain a Child Abuse History Certification from the PA Department of Human Services (DHS). Child Abuse History Certifications are obtained online at the Child Welfare Portal, or through the PA DHS ChildLine and Abuse Registry, P.O. Box 8170, Harrisburg, Pennsylvania 17105-8170, (717) 783-6211 or toll free at (877) 371-5422. More information is available at the PA DHS Child Abuse History Certification website. Prior to provisionally hiring a person for employment as described in 55 Pa. Code Ch. 52.20, the clearances required prior to providing services in homes where children reside must be completed.

Any questions about the information in this listserv message should be sent electronically. You can also contact Fady Sahhar, Director of PD&A Division.

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