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Authors Posts by Jason Snyder

Jason Snyder

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On March 1, 2021, the Department of Drug and Alcohol Programs (DDAP) submitted to the Independent Regulatory Review Commission (IRRC) its Final-Omitted Regulations on Standards for Drug and Alcohol Recovery House Licensure. The regulations can be found on IRRC’s website.

The updated regulations (p. 55-81) can be found in the submitted regulatory package, along with the following.

  • A regulatory analysis (p. 1-11)
  • A sample recovery house licensing checklist (p. 12-19)
  • A sample recovery house licensing application (p. 20-21)
  • A preamble the includes public comments and DDAP response to comments (p. 23-54)

Upcoming Timeline

  • DDAP expects that the new regulations will be in effect by June 2021.
  • DDAP expects to require compliance with the new regulations by December 2021.

Which Recovery Houses Will Need a License?

Once the new licensing program is in place, drug and alcohol recovery houses must have a license to:

  1. Receive referrals from state agencies or state-funded facilities; or
  2. Receive federal or state funding to deliver recovery house services.

In addition, the law imposes two additional requirements on referrals to recovery houses:

  1. People whose treatment is funded with state or federal funds shall only be referred to licensed recovery houses.
  2. Courts shall give first consideration to licensed recovery houses when residential recommendations are made for individuals under their supervision.

The Pennsylvania House Appropriations Committee held its Department of Drug and Alcohol Programs (DDAP) budget hearing on Wednesday, Feb. 24. The entire hearing, which took just under 45 minutes, can be viewed here. In addition, DDAP budget documents, including the governor’s executive budget (known as the Bluebook), a list of the agency’s contracts, and its request for approval of federal funds can be viewed here.

At the hearing, DDAP Secretary Jennifer Smith and Deputy Secretary Ellen DiDomenico answered questions from the committee.

Pennsylvania Legislative Services wrote the following summary:

Committee members present included Chairman Stan Saylor (R-York), Minority Chairman Matt Bradford (D-Montgomery), and Representatives Rosemary Brown (R-Monroe), Lynda Culver (R-Northumberland), Torren Ecker (R-Adams), Jonathan Fritz (R-Susquehanna), Keith Greiner (R-Lancaster), Doyle Heffley (R-Carbon), Johnathan Hershey (R-Juniata), Lee James (R-Venango), John Lawrence (R-Chester), Zach Mako (R-Northampton), Natalie Mihalek (R-Allegheny), Tim O’Neal (R-Washington), Clint Owlett (R-Tioga), Chris Quinn (R-Delaware), Greg Rothman (R-Cumberland), Meghan Schroeder (R-Bucks), James Struzzi (R-Indiana), Ryan Warner (R-Fayette), Jeff Wheeland (R-Lycoming), David Zimmerman (R-Lancaster), Amen Brown (D-Philadelphia), Donna Bullock (D-Philadelphia), Morgan Cephas (D-Philadelphia), Austin Davis (D-Allegheny), Elizabeth Fiedler (D-Philadelphia), Marty Flynn (D-Lackawanna), Ed Gainey (D-Allegheny), Patty Kim (D-Dauphin), Emily Kinkead (D-Allegheny), Stephen Kinsey (D-Philadelphia), Leanne Krueger (D-Delaware), Ben Sanchez (D-Montgomery), Peter Schweyer (D-Lehigh), and Joe Webster (D-Montgomery).

Rep. Heffley commented that the General Assembly passed legislation in the previous session to create a bed registry for drug rehabilitation facilities to announce openings. He noted that the registry is not open to the public. He asked what percentage of those facilities are listed on the website. Sec. Smith answered that the open bed website has not been used as widely this year as in prior years; rather, she said, “our hotlines are really the most important mechanism for folks to access treatment services.” She explained that those who operate the hotlines work with their provider network on a daily basis. “Even with a bed registry type of pool, without it being absolutely real-time, there’s still a need for single county authorities or hotlines to comb through providers and figure out if open beds are really available or not available,” she said. Sec. Smith lauded the single county authorities in Pennsylvania for their close relationship with providers.

Rep. Heffley pointed out that there still is a disconnect between wait times for treatment. He added that many hospitals keep bed registries in case of disaster emergencies through a federal program and asked if Sec. Smith had inquired if that system could be expanded for drug rehabilitation openings. Sec. Smith responded that DDAP partnered with the Department of Health (DOH) to send a letter to the federal government; however, they were advised that the federal bed registry system was not available for states to use.

Rep. Heffley explained that his conversations with law enforcement and other officials have revealed the expansion of methamphetamine use during the pandemic. He asked what DDAP has done to aid in reducing the expansion. Sec. Smith stated that she had previously spoken about the reemergence of methamphetamine and reported that Pennsylvania is one of the few states that has hosted symposiums on addressing the issue. She noted that law enforcement started to report higher seizure rates of both methamphetamine and cocaine several years prior. “We know that there’s a very strong correlation between drug seizures and what follows is the usage of those substances and people presenting themselves for treatment with those issues,” she said. Sec. Smith detailed that many drug users are using several different drugs, which compounds their addiction and may deteriorate the success rate of treatment or the use of naloxone. She noted that while opioid addiction may be treated through medication, there is no available medication for methamphetamine. Sec. Smith expounded that DDAP has worked to roll out information about addiction to multiple substances and there are programs available for individuals through the provider community. “Stimulants, in combination with COVID-19, is what has contributed to an increase of overdose deaths in 2020,” she said.

Rep. Cephas inquired about how DDAP addresses maternal mortality. She noted that the media has elevated the interest in maternal mortality and several solutions have received bipartisan support. “As much as we’re paying attention to the issue and as much as we’re shifting policy, we are still nowhere near out of the woods in terms of reversing the trends in Pennsylvania,” she said. She stated that a recent report found that maternal mortality has increased in the commonwealth, with 60 percent due to accidental poisoning, which includes drug overdoses. She asked what DDAP is doing to reduce accidental poisoning deaths. Sec. Smith pointed out that the State Opioid Response grant is delivering a large amount of federal funds to address opioid overdoses. “One of the grant opportunities that we provided is focused on pregnant and parenting women, specifically,” she said. “That grant was able to serve 500 mother and child combinations just during the first year of the grant.” She added that several intrastate workgroups have also been formed to create solutions. She explained DDAP created a perinatal quality collaborative, which works to reduce maternal fatality and improve care for women who have recently given birth or are still pregnant. “What this project really does is pull together teams that create learning sessions. They work together to create different quality improvement projects to access coaching and resources to specifically improve the programs they have in place,” she said.

DiDomenico added that the quality improvement project focuses on the issue of maternal mortality from a systematic level, such as working with health care providers to ensure that patients “don’t fall through the cracks.” Particularly, DiDomenico stated that the program seeks to help children born with substance use disorder.

Rep. Rothman questioned how DDAP met the needs of those seeking treatment during the pandemic. Sec. Smith replied that DDAP was fortunate that the federal government made quick changes to allow for increased access to medication, such as increasing the allotted time for an individual taking medication like Suboxone from 14 days to 28 days and waiving face-to-face evaluations.

Rep. Rothman asked for Sec. Smith’s professional opinion on the legalization of recreational marijuana within Pennsylvania. Sec. Smith responded that although she fully supports the decriminalization of marijuana, the legalization of recreational marijuana must be accompanied by stringent reporting methods, strict control and deep studies.

Rep. Rothman asked if marijuana is a gateway drug and if those who use marijuana at a younger age are more likely to become addicted. Sec. Smith explained that she is unsure if it is a gateway drug but studies have shown that individuals who have stayed at rehabilitation facilities very often report using marijuana.

Rep. Kinsey asked for Sec. Smith to explain the Pennsylvania Coordinated Medication-Assisted Treatment (PaCMAT) program. Sec. Smith detailed that the program is geared to allow physicians who do not specialize in substance abuse disorder to treat their patients with opioid abuse disorder through an organization that is able to provide advice to those doctors. She added that the program is funded through a federal grant.

Rep. Struzzi cited recent statistics on opioid deaths and overdoses, which have reported that while deaths are down from 2019, overdoses have doubled. He asked for an overview of DDAP’s plans to address the issue. Sec. Smith responded that the number of deaths in 2020 from overdose has not been fully realized due to delays in reporting. She elucidated that she expects the number to be as high as the peak of the opioid epidemic. She explained that the increased rate of overdose without death is due to DDAP’s efforts to make Narcan more readily available. She stated that the hotlines have also been indispensable in providing treatment. “We’re going to continue this work and I’m hopeful that we will see those numbers turn the other direction in 2021,” she said.

Rep. Schroeder inquired about Act 59 of 2017, which requires DDAP to regulate alcohol and drug recovery houses that receive public funds. She explained that the licensing was supposed to start by June 2020. She asked why DDAP’s policy was not sent to the Independent Regulatory Review Commission (IRRC). Sec. Smith stated that although COVID-19 contributed to the delay at the end of the process, the majority of the delay is attributed to DDAP engaging in a public comment period due to the amount of interest in the policy. She announced that DDAP is working this week to meet with the oversight chairs in the House and Senate for delivery of the final regulations for review.

Rep. Schroeder asked if the 40 to 60 recovery houses still receive public funds. DiDomenico confirmed that fact. She added that once the regulations are published DDAP will begin accepting applications for licensing, and staff has already been hired to begin the on-site inspection. Sec. Smith stated that the fee for the license is $200.

Rep. James asked if drug users are experimenting with a cannabidiol oil that becomes a potent chemical substance comparable to methamphetamine when refined. Sec. Smith replied that she was unaware of that trend but will examine the topic.

Rep. James asked if Suboxone is still being abused by those who have been given a prescription for the medication. Sec. Smith explained that it has become rare due to the high purity of heroin on the streets of Pennsylvania. She detailed that Suboxone is ineffective at reaching a high, therefore it is cheaper to simply buy and use heroin instead. She added that Suboxone is effective at reducing the effects of withdrawal and should be dispensed as widely as possible, especially given the increase in deaths and overdoses due to heroin.

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In early 2017, the Pennsylvania Department of Drug and Alcohol Programs (DDAP) announced the beginning of a major transition to the ASAM Criteria, a comprehensive set of guidelines governing the level of care most appropriate for patients and the services provided at those levels. Improved quality of care through outcome-oriented and results-based treatment was among the many changes this transition promised.

DDAP cited several reasons for the change, from ensuring the necessary federal Medicaid funding through an 1115 waiver to support the continuation of residential services, to the consistency that the most widely used system would bring to the Pennsylvania provider and payer world.

Today, the commonwealth’s addiction treatment system is little more than four months away from DDAP’s July 1 deadline for implementation, yet providers still have questions about the specifics of many of the changes taking place. Some of these changes go beyond ASAM Criteria, creating additional questions and confusion.

And as providers analyze the cost implications of the change, driven by increases in required treatment services, decreases in counselor-to-patient ratios, and requirements for more highly trained counselors, therapists, and doctors, it is becoming clear to them how significant those costs will be. With no plan from the commonwealth to increase reimbursement rates to cover these mandates and a funding environment in which reimbursement is already often inadequate in comparison to costs, providers are frustrated. Some have lamented the possible closure of facilities because of the exorbitant cost increases. Yet perhaps most troubling, at a time when the Covid pandemic is helping to drive overdose deaths to a level not seen since the peak of the opioid overdose death epidemic in 2017, these costs could limit patient access to care.

Despite these issues, RCPA drug and alcohol treatment provider members support efforts to increase quality in Pennsylvania’s addiction treatment system. They recognize the strength of the ASAM Criteria. But to put their full support behind ASAM, they need reimbursement increases to cover the costs and favorable resolution of the mandates that go beyond the ASAM Criteria in a way that seriously considers provider input.

RCPA enjoys and appreciates strong working relationships with DDAP, the Department of Human Services and its Office of Mental Health and Substance Abuse Services, county drug and alcohol administrators, and the commonwealth’s Medicaid managed care organizations. In the spirit of avoiding any unintended consequences and ensuring a quality system is available to continue to treat all Pennsylvanians in need of addiction treatment services at all levels of care, RCPA will continue to collaborate with these groups to highlight the issues and identify and work toward solutions, all the while bringing to bear its resources to effect these changes on behalf of its members.

Photo by Alena Shekhovtcova from Pexels

The American Association for the Treatment of Opioid Dependence (AATOD) has asked the National Governors’ Association to encourage the country’s governors to include opioid treatment programs (OTPs) in the first round of Covid vaccination distribution. AATOD is also recommending that OTPs, which operate under the oversight of the Substance Abuse and Mental Health Services Administration (SAMHSA) and state opioid treatment authorities, including the Pennsylvania Department of Drug and Alcohol Programs (DDAP), get access to Covid vaccinations to inoculate their patients. Many patients treated in OTPs are medically vulnerable with medical co-morbidities. More information can be found here.

For those interested in supporting early intervention and treatment services for people with substance use disorder, and those at risk for developing these disorders, the Pennsylvania Department of Drug and Alcohol Programs (DDAP) and the University of Pittsburgh School of Pharmacy Program Evaluation and Research Unit (PERU) is presenting a two-part Screening, Brief Intervention, and Referral to Treatment (SBIRT) training and implementation series. More information and registration are available here.

In keeping with the Pennsylvania Department of Drug and Alcohol Program’s (DDAP) mandate that all addiction treatment providers contracted with behavioral health Medicaid managed care organizations or Single County Authorities provide treatment in alignment with the American Society of Addiction Medicine (ASAM) guidelines, Beacon Health Options has issued an alert summarizing the key aspects of the ASAM criteria.

DDAP has set July 1, 2021, as the deadline for ASAM implementation.

RCPA continues to work with its D&A members to understand the significant effects this change will have on their ability to continue to operate. In addition, RCPA continues to work with regulatory agencies and the legislature to make them aware of the extreme challenges this mandate has created and its potential effect on access to care for Pennsylvanians in need of treatment for substance use disorder.

Beacon’s alert can be viewed here. Questions for Beacon can be directed to the provider’s field coordinator.