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The Office of Long-Term Living (OLTL) has issued a notice announcing the extension of various regulatory provisions under the state disaster emergency declaration that are currently in effect and which were set to expire on September 30, 2021. These are now extended until further notice. A list of the regulations that were suspended in whole or in part and their current status is available here.

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Rep. Seth Grove, chair of the House State Government Committee, has reintroduced legislation that would eliminate Pennsylvania’s HealthChoices behavioral health carve-out and instead integrate physical and behavioral health care into one managed care program. On Thursday, his bill (HB 1940) was referred to the House Health Committee.

In 2018, RCPA wrote a position paper in support of continuing the behavioral health carve-out. In 2019, RCPA signed onto a letter from the Coalition to Preserve Behavioral HealthChoices opposing what was then HB 335.

Read Rep. Grove’s co-sponsorship memo.

Read HB 1940.

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Message from the Department of Human Services (DHS):

Pursuant to Act 73 of 2021 (HB 1861), the suspension of various regulatory provisions under the state disaster emergency declaration that are currently in effect and which were set to expire on September 30, 2021, are now extended until further notice. A list of the regulations that were suspended in whole or in part and their current status is available at Suspended Regulations Lift.

In addition, some regulations were reinstated prior to September 30, 2021 and are not subject to Act 73 of 2021.

Please note that Act 73 of 2021 only affects state regulations that were suspended under the state disaster emergency declaration and were to be reinstated on September 30, 2021. Federal flexibilities provided through the federal public health emergency will remain in place as long as the federal public health emergency remains in effect. The U.S. Department of Health and Human Services (HHS) extended the federal public health emergency on July 19, 2021 to October 17, 2021 (90 days).

RCPA Policy Directors will be reviewing the regulatory status and provide additional guidance and information as it is communicated by the respective DHS Departments, including any special instructions on the reimplementation of any of the suspended regulations. If you have any additional questions, please contact your RCPA Policy Director or your DHS Licensing Office.

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The Department of Drug and Alcohol Programs (DDAP) sent out guidance on June 14, 2021 regarding three temporary regulatory suspensions granted by the governor’s declaration of a disaster emergency due to the coronavirus pandemic. House Bill 1861, which was signed into law today by Governor Wolf, further extends those regulatory suspensions from September 30, 2021 until March 31, 2022 unless terminated sooner. In addition to the suspensions noted in DDAP’s previous communication, one additional regulatory suspension from the Department of State, also relevant to the field, is added to the chart below and also suspended until March 31, 2022.

Statute/Regulation Statute/Regulation Purpose Waiver benefit/explanation
28 Pa. Code § 715.16(e) Prohibits narcotic treatment programs (NTPs–methadone clinics) from permitting a patient to receive more than a 2-week take-home supply of medication. In response to COVID-19, SAMHSA is allowing up to 28 days of take-home medications for patients on stable dosages, if the physician deems appropriate.
28 Pa. Code § 715.9(a)(4) Requires NTPs to make a face-to-face determination before admission to treatment, for those clients who will receive buprenorphine treatment. In response to COVID-19, SAMHSA is allowing initial evaluations for a patient who will be treated with buprenorphine to be completed via telehealth.
28 Pa. Code § 715.6(d) Requires NTPs to have narcotic treatment physician services onsite. In response to COVID-19, SAMHSA is allowing initial evaluations for a patient who will be treated with buprenorphine to be completed via telehealth.
49 Pa. Code § 16.92(b)(1)

(Department of State)

 Before a patient can be prescribed any controlled substance in Pennsylvania, a person licensed to practice medicine and surgery in the commonwealth, or otherwise licensed or regulated by the State Board of Medicine, must take an initial medical history and conduct an initial physical examination,

unless emergency circumstances justify otherwise.

 In response to COVID-19, the Department of State suspended the initial medical history and physical examination requirement specifically for the treatment of opioid-use disorder with buprenorphine.

Please email the Bureau of Program Licensure or call (717) 783-8675 with questions.

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