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Authors Posts by Jason Snyder

Jason Snyder

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The Pennsylvania Department of Drug and Alcohol Programs (DDAP) today issued Licensing Alert 01-2025 to update statewide exceptions granted to narcotic treatment programs (NTP) in September 2024 to expand access to medication for the treatment of opioid use disorder (MOUD). Specifically, this alert expands the exceptions to allow expanded use of telehealth in initial screening and physical examinations consistent with medical practice regulations of the State Board of Medicine.

Effective December 21, 2024, the State Board of Medicine amended its regulation regarding prescribing, administering, and dispensing controlled substances. The updated regulation mirrors federal regulations by allowing regulated practitioners in NTPs to conduct initial physical examinations by telehealth and initiate treatment with buprenorphine or methadone in compliance with federal requirements and requires an in-person physical examination to be completed within 14 days after admission. Therefore, DDAP is also granting an exception to 28 Pa. Code § 715.9(a)(4), which is the rule that requires a face-to-face determination be made as to whether a person has been dependent on a narcotic drug for at least one year prior to starting MOUD, provided that the NTP has a trained person to diagnose the client using medical criteria in accordance with 42 CFR § 8.12(e)(1) and documents the reason for admission for MOUD treatment in the record. DDAP will allow telehealth for the initial screening and medical examination provided that the clinician determines that they can complete an adequate examination through that method, that the mode of telehealth is permissible for the MOUD to be used in accordance with 42 CFR 8.12(f)(2)(v), and that the NTP completes a full in-person physical examination within 14 days of admission in accordance with 42 CFR 8.12(f)(2)(iii).

DDAP first granted statewide exceptions based on 42 CFR part 8 through Licensing Alert 07-2024. Today’s Licensing Alert 01-2025 rescinds and replaces Licensing Alert 07-2024.

Federal regulations continue to require NTPs and clinicians to comply with pertinent state laws and regulations.

To review all of the exceptions DDAP is granting NTPs, read Licensing Alert 01-2025.

There is no need for NTPs to submit exception requests or to inform the DDAP if they are using these exceptions.

Pennsylvania’s single county authorities (SCA), in collaboration with the Department of Drug and Alcohol Programs (DDAP), developed a new rate-setting package (i.e., XYZ Package) for residential providers to submit cost-based rate requests for Fiscal Year 2025/26.

The deadline to submit the rate package has been extended to Monday, March 24. This change is reflected in the package itself, which, along with a training video for how to complete the new package, is available on the PACDAA website.

The Republican-controlled U.S. House adopted a federal budget resolution last week that instructs the House Energy and Commerce Committee, which has jurisdiction over Medicaid, to identify at least $800 billion in mandatory spending cuts during the next 10 years. The resolution is now in the GOP-controlled U.S. Senate.

Medicaid, which is jointly funded by states and the federal government through a federal matching program with no cap, is seen as a prime target for cuts, as it is one of the largest federal programs at a cost of more than $600 billion a year. Approximately 70 million people in the United States receive Medicaid benefits, with about 3 million — including 1.2 million children — of those in Pennsylvania. While officially the federal government did not name Medicaid as the target, there are virtually no other areas to turn to in order to generate such spending cuts.

Proposals being considered in Congress to cut Medicaid are estimated to cost Pennsylvania as much as $2 billion a year. These cuts will inevitably result in:

  • Fewer insured Pennsylvanians;
  • Fewer covered services for those who remain insured;
  • Lower reimbursement rates paid to providers;
  • Increases in uncompensated care; and
  • Higher healthcare costs for those who are insured.

In addition to broad, negative consequences, each segment of the human services sector will be affected.

Behavioral Health

Medicaid is the largest payer of behavioral healthcare services in the United States, where nearly 40 percent of non-elderly adult Medicaid beneficiaries have a mental health or substance use disorder. Additionally, Medicaid is an essential revenue source for behavioral healthcare organizations. With the potential of fewer covered individuals and lower reimbursement rates, access will be squeezed, with existing providers less incentivized to accept Medicaid patients.

These potential cuts come on the heels of a compromised post-public health emergency unwinding of Medicaid, in which Pennsylvania’s actuarial analysis for the behavioral health capitation was severely underestimated. The eventual Medicaid rolls included more individuals with acute and chronic conditions, resulting in higher levels of care and services. Despite mid-year adjustments to the HealthChoices’s primary contractors, Pennsylvania will start the new fiscal year with the need to increase its BH Medicaid capitation by nearly $640 million.

Intellectual and Developmental Disabilities

Medicaid is the primary funding source for IDD services. If the proposed multi-billion dollar funding cuts occur, Pennsylvania’s intellectual disability system will face serious consequences, including service reductions, longer waitlists, and limited access to essential care. Providers already under strain may have to discharge individuals from community-based services, potentially returning them to institutional settings and undoing decades of progress towards independence and inclusion.

Pediatric Rehabilitation

Medicaid is a key funding source for healthcare and rehabilitation services for infants, children, and adolescents living with disabilities and medical complexity. Even for families with a private primary insurance, Medicaid as a secondary insurance fills in the gaps in covered care. Children with disabilities, regardless of household income, are Medicaid eligible to offset the high costs of care. Medicaid cuts will negatively impact the most vulnerable in our state: children with disabilities and special health needs.

Early Intervention

Medicaid is a supplemental funding source for Early Intervention services in Pennsylvania. All Pennsylvanian families currently enjoy access to these crucial home- and community-based services with no cost-share. Cuts in funding to this program may cause tighter eligibility requirements or cost-shares for families, ultimately decreasing access to essential services.


How the Cuts Might Be Done

Work Requirements

At this point, work requirements appear to be one of the most likely paths to Medicaid cuts.

According to the Pennsylvania Health Access Network (PHAN), approximately 1 million adults in Pennsylvania would be subject to the work requirement.

Medicaid work requirements would require certain Medicaid enrollees to work, look for work, or conduct another qualifying activity (e.g., education, caretaking) as a condition of receiving health insurance. As part of such a requirement, all working age Medicaid enrollees may be required on a monthly basis to report their work or verify their eligibility for an exemption because they are in school or a job training program, caring for others, or disabled/in treatment. Failure to do so would result in them losing Medicaid coverage.

On the surface, increasing support for work requirements is understandable. Able-bodied citizens on Medicaid who can work, should work. What is not being discussed is the fact that most of these individuals are already working but at an income that still qualifies them for Medicaid. Further, studies from states that have attempted to implement a Medicaid work requirement show that the cost to the state to implement and administer such a requirement is in the tens of millions of dollars.

If work requirements become a reality, advocates must lobby for waivers for special populations.

Federal Medical Assistance Percentage (FMAP)

At this point, according to Speaker of the U.S. House Mike Johnson, FMAP (as well as per-capita caps, see below) are not a consideration for reducing Medicaid spending.

Each state’s FMAP determines its federal share of Medicaid funding. FMAP is a formula that uses the state’s most recent three-year average per capita income data to provide higher matching rates to states with lower per capita incomes relative to the national average. FMAPs have a statutory minimum of 50 percent and a maximum of 83 percent.

In Pennsylvania, 56 percent of Medicaid costs are paid with federal dollars, leaving Pennsylvania to cover the balance.

Under the Affordable Care Act’s Medicaid Expansion, the FMAP for what became the newly eligible population — mostly low wage workers who do not have coverage through an employer, disabled workers, caregivers to children or elderly family members, and students — is fixed at 90 percent federal funding, with the commonwealth paying for the balance.

Per Capita Caps

A per capita cap funding arrangement sets an upper limit on federal payments per Medicaid enrollee in each eligibility group. In an aggregated cap (also called a capped allotment) approach, states receive federal matching funds up to a determined maximum. If the cap is exceeded, the state bears 100 percent of that cost with no federal match.


Resources

There are many resources continually being developed and distributed. These include ways to take immediate action with Congress. The following are some of the most relevant to our membership.


Next Steps

RCPA will continue to closely monitor the issue. As Congress’s next steps become clearer, we will work with our partners, including you, to develop and execute strategies to stop Medicaid cuts or minimize the negative effects.

Contact your respective RCPA Policy Director with questions.

The Department of Drug and Alcohol Programs (DDAP) today announced an investment of more than $2 million in grant funding for five Pennsylvania organizations to help improve Pennsylvanians’ access to substance use disorder (SUD) recovery houses that are licensed through DDAP.

Funding for these grants is provided from the more than $1 billion in funding Pennsylvania continues to receive from a large national opioid settlement with three distributors and one manufacturer.

DDAP is awarding five grants of up to $500,000 each to the following community-based organizations:

  • The Bridge Foundation: Philadelphia
  • The Worx!: Allegheny County
  • Sage’s Army: Allegheny, Westmorland, Fayette, and Washington counties
  • Westmoreland Community Action: Westmoreland, Fayette, Washington, Somerset, Bedford, Blair, Cambria, Greene, Lawrence, Butler, Armstrong, Indiana, Clearfield, Jefferson, Clarion, Mercer, Venango, Forest, Elk, McKean, and Crawford counties
  • Life Changing Pathways: Adams and York counties

The organizations are charged with leading initiatives to link individuals with opioid use disorder and any co-occurring SUD or mental health condition to DDAP-licensed recovery houses. They must also ensure these individuals have access to case management and peer support services while residing in a recovery house as well as access to financial assistance for those who are not able to pay the full cost of residing in a recovery house. In addition, all five grantees must have a plan to increase services to underserved populations and have a training plan to ensure staff are well-prepared to serve them.

Currently, there are about 400 DDAP-licensed recovery houses across the commonwealth. The purpose of the licensure program is to help empower sustained recovery for individuals with SUD by ensuring a network of safe drug and alcohol recovery houses. Individuals can find a listing of licensed recovery houses on DDAP’s website.

Image by Werner Moser from Pixabay

Spotlight PA is covering Pennsylvania’s drug addiction crisis, its impact on children and families, and the potential to use opioid settlement funds to address associated problems. To help inform its coverage, the publication is seeking stories about how the opioid epidemic and addiction has affected Pennsylvanians, including frontline perspectives from healthcare workers, child welfare workers, counselors, first responders, and others addressing these issues regularly.

More information, including a form for submitting responses, can be found on Spotlight PA’s website.

The Pennsylvania Department of Drug and Alcohol Programs (DDAP) will host a webinar at 10:00 am on Monday, March 3, to discuss the changes to 42 CFR Part 8 and their real-world implications in treatment settings. The interactive session will feature Dr. Sarah Kawasaki and Elizabeth Ward, both from the Pennsylvania Psychiatric Institute’s Advancement in Recovery Opioid Treatment Program.

Add the meeting to your calendar.

Email DDAP to receive calendar invitations to upcoming webinars, which are held the first Monday of every month.

The Commission on Accreditation of Rehabilitation Facilities (CARF) recently convened an International Standards Advisory Committee (ISAC) to develop new accreditation standards for an Integrated Primary Care specialty designation. A specialty designation requires a program seeking accreditation to meet an additional set of standards that reflects its expertise in a specific type of service delivery or for a specific population of persons served. Integrating primary care into a mental health or substance use disorder program allows the program to holistically address the behavioral health, physical health, and social needs of the persons served, enhance the level of care provided, and improve outcomes for the persons served. Through the efforts of the ISAC, the program standards for Health Home were also updated. The final standards will be published in CARF’s 2026 standards manuals for Behavioral Health, Child and Youth Services, and Opioid Treatment Programs.

CARF is seeking comments on each of the proposed descriptions and standards. The deadline to submit comments is Tuesday, February 25.

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As I watched Pennsylvania Governor Josh Shapiro give his budget address last Tuesday, it occurred to me that the light Pennsylvania government had brightly shined on the addiction epidemic for nearly the past 10 years has greatly dimmed.

In a speech of nearly 11,000 words, not one of them was “addiction.” Not one mention of treatment. No mention at all of an overdose death epidemic. Over the course of a 90-minute budget address, Gov. Shapiro, a man who likes to “get stuff done,” did not even attempt to take credit for overdose death numbers that are trending downward. He didn’t acknowledge them at all.

Granted, the Pennsylvania Department of Drug and Alcohol Programs (DDAP) continues to release pots of opioid settlement and federal money, including State Opioid Response (SOR) funding, into the behavioral health ecosystem, though not all of it is available to DDAP-licensed treatment providers. Counties also continue to spend opioid settlement dollars from multiple sources, including a national settlement with the three largest pharmaceutical distributors that netted more than $1 billion for Pennsylvania.

In arguing that everyone else is legalizing adult-use recreational marijuana, so Pennsylvania should, too, the governor ignores the evidence of the harms of marijuana, including a link between legalized adult recreational marijuana and an increase in adolescent suicides, as well as the broader implications for addiction treatment such that not one dime of the $536,000,000 in estimated Fiscal Year 2025/26 revenue is proposed to be directly allocated to DDAP. Although it appears recreational legalization is inevitable at some point, failing to acknowledge its potential to harm some Pennsylvanians is disingenuous.

Dig a little deeper into the budget, and it looks no brighter for addiction treatment providers.

Behavioral HealthChoices — the name for Pennsylvania’s Medicaid managed care program for behavioral health — currently is in a financial crisis. Pennsylvania counties and behavioral health managed care organizations (BH-MCO) are reporting to be significantly underfunded due to a Department of Human Services’ (DHS) actuarial error made in calculating the effects of the unwind of the Medicaid rolls post-Covid. The underfunding is affecting the counties’ abilities to meet contractual obligations to provide behavioral health services. In other words, the $6.3 billion comprised of state and federal dollars in the current fiscal year (2024/25) budget (see p. 104 of 372 of DHS’s budget book) for Behavioral HealthChoices capitation — capitation being a form of payment based on a complex formula that determines an amount of money needed per Medicaid recipient per month — is not enough money to pay for addiction and mental health treatment for everyone who wants and needs it.

Although we see an 18 percent increase in the HealthChoices capitation line item that amounts to $660 million in state dollars in the governor’s proposed executive budget, significant questions are still unanswered and even bigger concerns remain.

For example, we do not know how much of the 18 percent increase is earmarked for Behavioral HealthChoices, which is concerning because the Physical HealthChoices program also is underfunded, and the Physical HealthChoices program is a significantly higher expenditure. Estimates suggest that the Behavioral and Physical HealthChoices systems combined need an additional $2.5 billion (state and federal combined) in the current calendar year, which is partly funded by two separate fiscal year budgets, to meet their obligations to Pennsylvania’s most vulnerable. There is a $230,000,000 supplemental payment in the proposed budget, which would help to address the immediate need for additional funds in the current fiscal year, but we are hearing only a small percentage of this is for the HealthChoices issue.

As a result of the underfunding and uncertainty, BH-MCOs and primary contractors have announced to addiction and mental health treatment providers that they will not receive any increases in reimbursement rates in 2025, despite escalating provider costs. At the same time, in certain regions of the Commonwealth, addiction and mental health treatment providers are beginning to report increasing challenges in getting appropriate treatment authorized (e.g., decreased lengths of stay, increased denials). Although anecdotal, RCPA will continue to have these discussions and look to substantiating data.

The current HealthChoices crisis has been building since early 2024 and has caused much anxiety. So far, the proposed 2025/26 budget only exacerbates the worry. Add in the federal Medicaid and grant funding uncertainty coming out of Washington, DC following recent executive orders that potentially put funding streams like the Substance Use Prevention, Treatment, and Recovery Services Block Grant and SOR dollars at risk, and the calamity grows exponentially. Right now, we are looking at a real possibility of ongoing behavioral health service cuts that would be akin to rationing of care.

At this point, I am left with a few fundamental questions. How is $6.3 billion not enough to provide behavioral health services — addiction and mental health treatment — to Pennsylvania’s Medicaid population? How could the state have been so wrong on its calculations? How sustainable is a behavioral health system that needs at least upwards of $7 billion per year? Does the legislature have an appetite for such a system?

And, perhaps most importantly, what are the implications for the future of addiction treatment and the sustainability of the system as we currently know it? Beyond the funding crisis, the field continues to beg for relief from administrative burden and crushing oversight, pleas that have amounted to shouting into the void.

With DHS’s budget hearings coming up in early March in front of the Senate and House Appropriations Committees, I would expect the legislature to also be asking these same questions. Stay tuned.

Photo by CHUTTERSNAP on Unsplash

Registration for the Pennsylvania Commission on Crime and Delinquency’s (PCCD) 2025 Criminal Justice Advisory Board (CJAB) Conference is now open. The conference, “From Crisis to Collaboration: Building Resilient Justice Systems,” will be held on April 22–23, 2025, at the Penn Stater Hotel and Conference Center in State College. This year’s event will bring together criminal justice, behavioral health, and treatment partners, including national and local experts who will discuss new and emerging issues affecting the justice and behavioral health systems, providing innovative strategies and collaborative solutions to meet the challenges ahead.

To register for the conference and to view the agendas and session descriptions, visit the 2025 CJAB Conference page on PCCD’s website.

The deadline to register for the conference is Friday, March 28. The deadline for the discounted room rate of $139 is Friday, March 21. There is no fee to attend the conference.

Earlier this month the Drug Enforcement Agency (DEA) issued a Notice of Proposed Rulemaking (NPRM) for Special Registrations for Telemedicine and Limited State Telemedicine Registrations. DEA is seeking public comment by March 18, 2025.

RCPA is considering whether it will submit comments. If you have comments about the proposed rule that you would like to make part of any RCPA response or if you would like to discuss the proposed rule, please contact RCPA SUD Treatment Services Policy Director Jason Snyder.

The NPRM introduces three types of Special Registrations for Telemedicine:

  1. A Telemedicine Prescribing Registration, authorizing qualified clinician practitioners to prescribe Schedule III-V controlled substances via telemedicine;
  2. An Advanced Telemedicine Prescribing Registration, authorizing qualified, specialized clinician practitioners (i.e., psychiatrists, hospice care physicians, physicians rendering treatment at long-term care facilities, and pediatricians for the prescribing of medications identified as the most addictive and prone to diversion to the illegal drug market) to prescribe Schedule II-V controlled substances via telemedicine; and
  3. A Telemedicine Platform Registration, authorizing covered online telemedicine platforms, in their capacity as platform practitioners, to dispense Schedule II-V controlled substances. To satisfy the statutory requirements, DEA would also require the special registrant to maintain a State Telemedicine Registration for every state in which a patient is treated by the special registrant, unless otherwise exempted. The State Telemedicine Registration would be issued by DEA, not the states, and operate as an ancillary credential, contingent on the Special Registration held by the special registrant.

Public comments are also requested on additional patient protections for the prescribing of Schedule II medications by telemedicine, including:

  • Whether the special registrant should be physically located in the same state as the patient being prescribed Schedule II medications;
  • Whether to limit Schedule II medications by telemedicine to medical practitioners whose practice is limited to less than 50 percent of prescriptions by telemedicine; and
  • The appropriate duration needed for the rules’ provisions to be enacted.

The special registration rule will also require the establishment of a national prescription drug monitoring program (PDMP) to help the health industry protect against abuse and the diversion of controlled substances into the illegal drug market. A national PDMP will provide pharmacists and medical practitioners with visibility of a patient’s prescribed medication history.