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Govt. Affairs

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The Bureau of Professional & Occupational Affairs has posted the following notice to all professional licensees on the board websites:

IN ADDITION TO ANY EXISTING REPORTING REQUIRED BY A SPECIFIC BOARD OR COMMISSION, EFFECTIVE APRIL 16, 2018, PURSUANT TO ACT 6 of 2018, any person holding a license, registration, certificate or permit issued by a licensing Board or Commission under the Bureau of Professional and Occupational Affairs shall notify the appropriate licensing board/commission within 30 days of the occurrence of any of the following:

  1. a disciplinary action taken by a licensing agency of another jurisdiction.
  2. a finding or verdict of guilt, an admission of guilt, a plea of nolo contendere, probation without verdict, disposition in lieu of trial or an accelerated rehabilitative disposition (ARD) of any felony or misdemeanor offense.

To report a disciplinary action or criminal matter AS SET FORTH ABOVE, log in to the Pennsylvania Licensing System (PALS) and select “MANDATORY REPORTING BY LICENSEES” under the heading “licensing services.”

Source: The Act of February 15, 2018 (P.L. 14, No. 6) (Act 6 of 2018). Act 6 of 2018 can be viewed here.

Contact RCPA Director of Government Affairs Jack Phillips with any questions.

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On Wednesday, April 25, the State Senate passed HB 478 – the Outpatient Psychiatric Oversight Act – unanimously (49–0). The Senate made technical amendments to the bill, so the bill will now be sent back to the House for a concurrence vote. Once the House votes to concur with the Senate amendments, the bill will head to the Governor’s desk for his signature. The bill was introduced by Rep. Tina Pickett (R – Bradford) after being contacted by RCPA members in her district. RCPA worked with Rep. Pickett, Garth Shipman, Executive Director of the House Insurance Committee, Senator Lisa Baker (R–Luzerne), and Mike Cortez, Executive Director of the Senate Health and Human Services Committee through the legislative process.

Under this legislation, an outpatient psychiatric clinic is required to have a psychiatrist on site for two (2) hours of psychiatric time per week for each full-time equivalent treatment staff member employed by the outpatient psychiatric clinic. HB 478 permits 50 percent of the required onsite psychiatric time be provided by an advanced practice professional specializing in behavioral health with prescriptive authority in this Commonwealth. Telepsychiatry provided by a psychiatrist that is not on site with prescriptive authority in the Commonwealth may be utilized with a service description approved by the Department of Human Services (DHS) but shall not be included in the required psychiatric time required. DHS is directed to promulgate regulations necessary to carry out the provisions of this act.

HB 478 defines the following terms:

“Advanced practice professional.” A registered, licensed, or certified health care practitioner who has gained additional specialized knowledge, skills, and experience through a program of study in that specialty. A person who:

  1. (I) holds a current Pennsylvania license as a certified registered nurse practitioner with a mental health certification; or

    (II) obtains a mental health certification within two years of being hired by a psychiatric outpatient clinic or within two years of the effective date of this section, whichever is later; or

  1. (I) holds a current Pennsylvania license as a physician assistant with a mental health certification; or

    (II) obtains a mental health certification within two years of being hired by a psychiatric outpatient clinic or within two years of the effective date of this section, whichever is later.

“Full-time equivalent.” Thirty-seven and one-half hours per week.

“Interactive Audio and Video.” Real-time two-way or multiple-way communication between a psychiatrist and an individual.

“Outpatient psychiatric clinic.” A nonresidential treatment setting in which psychiatric, psychological, social, educational, and other related services are provided under medical supervision. It is designed for the evaluation and treatment of individuals of any age with mental illness or emotional distress. Outpatient services are provided on a planned and regularly scheduled basis.

“Psychiatrist.” A physician who has completed at least three years of a residency in psychiatry and is licensed to practice psychiatry in this Commonwealth.

Contact RCPA Director of Government Affairs Jack Phillips with any questions.

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The state House of Representatives Tuesday afternoon voted 115-80 to send to the Senate another attempt to require some able-bodied Medicaid recipients to engage in work-related activity for their taxpayer-funded health insurance. The chamber resumed debate that was suspended on Monday, with several more legislators speaking about the proposal, which is similar to another work requirement bill vetoed by Gov. Tom Wolf this past October. Should the bill get to Wolf’s desk, which seems likely given Senate Republicans supported the last work requirement effort, the governor has promised to veto it.

As they did last week during a committee meeting about the bill, most House Democrats during the debate on Monday and Tuesday railed against the bill, calling it unconscionable to require anyone to work for their health benefits, and claiming it could cost hundreds of millions of dollars to monitor compliance with the work requirement. Asserting that getting a job could go a long way to helping individuals eliminate their need for welfare, Republicans countered with state Department of Human Services statistics showing nearly 500,000 non-disabled adults receiving Medicaid report no income – meaning they don’t work – with that population representing more than half of the total population of non-disabled adult Medicaid recipients. Of that non-working population, GOP legislators noted only a portion would be subject to the proposed work-related activity requirements as the legislation contains an extensive list of exempted individuals: full-time high school students; recipients of temporary or permanent long-term disability benefits; anyone nineteen years of age or younger or sixty-five years of age or older; pregnant women; Supplemental Security Income (SSI) recipients; those in a mental health institution or correctional institution; anyone experiencing a crisis, serious medical condition or temporary condition that prevents the individual from seeking employment, including domestic violence or substance use disorder; and primary caregivers to a dependent who is under six years of age or is permanently disabled. (Source: CapitolWire.com – Under the Dome™, Wednesday, April 18, 2018)

Questions, please contact Jack Phillips.

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by Harold Brubaker, Staff Writer @InqBrubaker | [email protected]

Pennsylvania Commonwealth Court ruled Tuesday that the state Department of Human Services violated the state’s procurement code when a deputy director met in Dec. 2016 with two top executives of Centene Corp. about the company’s bid for a piece of the state’s $12 billion Medicaid business.

The 30-page decision by a panel of seven judges, written by Judge Michael H. Wojcik, came in response to a lawsuit filed by UnitedHealthcare of Pennsylvania Inc., which alleged that the meeting attended by Leesa Allen, DHS’s Deputy Secretary for the Office of Medical Assistance Programs, and Deputy Chief Counsel Sallie Rodgers, was improper and gave Centene, of St. Louis, an unfair advantage.

“We are pleased with the Commonwealth Court’s decision and look forward to continuing to serve the more than 1 million Pennsylvanians who have entrusted us with their health care needs,” United said.

The contract at issue in the court case covers the management of physical health benefits. A separate set of contracts covers long-term services and supports for the elderly and disabled.

The Human Services Department did not respond to a request for comment. It appears that the department will have to start over, for the third time, in its bid to award new Medicaid managed care contracts. The effort started in Sept. 2015.

Tuesday’s decision said the court is “limited to canceling the solicitation or award and declaring void any resulting contract” if it finds procurement law was violated.

• • •

RCPA will keep members informed of any further developments. Contact RCPA Director of Government Affairs Jack Phillips with any questions.

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Licensing, Certification, and Incident Management Conducted by the Departments of Human Services, Health, Drug and Alcohol Programs, and Aging

The Departments of Human Services, Health, Drug and Alcohol Programs, and Aging regulate a variety of health and human services providers in order to protect the health and safety of Pennsylvanians. Among the regulatory activities, they license or certify providers and conduct incident management, as required by state and federal law. The departments are currently reexamining processes to identify opportunities for coordinating efforts in order to streamline the licensing, certification, and incident management process and increase efficiencies for providers and the commonwealth, while maintaining and enhancing the quality of licensing and certification activities of the providers they regulate. As part of this process, they are seeking input from stakeholders of the Departments of Human Services, Health, Drug and Alcohol Programs, and/or Aging on the following questions. These questions are focused on providers, but feedback is welcome from advocates and other stakeholders. Please send responses via email by Monday, April 30, 2018.

  1. Which of the following commonwealth agencies do you interact with for licensing and certification: the Departments of Human Services, Health, Drug and Alcohol Programs, and/or Aging? Please identify the specific license or certificate types you have.
  2. Which of the following commonwealth agencies do you interact with when you must report an incident that took place at your facility/agency: the Departments of Human Services, Health, Drug and Alcohol Programs, and/or Aging? This could include incidents required to be reported per licensing regulations, or home and community based (waiver) programs.
  3. What works well in interacting with multiple commonwealth agencies on licensing, certification, and incident management activities?
  4. What challenges do you experience in interacting with multiple commonwealth agencies on licensing, certification, and incident management activities? If possible, please identify whether the challenges are caused by statutory or regulatory requirements, policy or operational guidance, or agency processes or technology.
  5. What opportunities do you see for the commonwealth to streamline your experience interacting with multiple commonwealth agencies on licensing, certification, and incident management activities?

This is a major opportunity that can’t be missed. The work being done by the departments is what RCPA and its members have been advocating for over many years. We currently have an administration willing and able to make significant changes. Members are asked to provide as much detail as possible in your responses.

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Earlier this week, the Pennsylvania Senate unanimously confirmed Governor Wolf’s appointments to the Department of Health, Secretary Dr. Rachel Levine; the Department of Human Services, Secretary Teresa Miller; the Department of Drug and Alcohol Programs, Secretary Jennifer Smith; and Insurance Commissioner, Jessica Altman. Governor Wolf said, “It gives me great pride to congratulate these four accomplished, capable women on their confirmations today. They each bring unique experience to their respective positions, but they share the same passion to serve our commonwealth and its residents.”

RCPA has had the pleasure of working with these leaders in their “acting” capacity, and congratulates them on their confirmations. The association looks forward to continuing our positive relationships and working with them to make major improvements in their respective fields.

See the Governor’s official press release.

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Rep. Dan Miller: ‘Mental Health and School Safety’ topic of March 13 News Conference

Text of March 8 media advisory.

HARRISBURG – State Rep. Dan Miller, D-Mt. Lebanon, joined by other legislators, will host a “Mental Health and School Safety” news conference at 10 a.m. Tuesday, March 13 in the Capitol Media Center.

Spurred in part by national reaction to the recent school shooting tragedy in Parkland, Fla., the legislators want to ensure that any aspect of mental health discussed in relation to school violence is appropriately tailored and addressed in a way that will not increase stigma or reinforce negative stereotypes.

While they agree this is a very important discussion to have, the legislators also want to underscore that too many have fought too hard for parity, acceptance and support to allow the roughly 20 percent of U.S. residents with a mental health issue to unjustly shoulder the blame for all acts of school violence.

Additionally, participants intend to stress the reality that people with a mental health issue are much more likely to be victims of crime than its perpetrators.

Participating legislators will be joined by spokespeople from key stakeholder groups, such as the National Alliance on Mental Illness and the Rehabilitation and Community Providers Association.

In addition to Miller, state Reps. Mike Schlossberg, Tom Murt, Gene DiGirolamo, Jason Ortitay and Judy Ward are among those expected to attend.

Media coverage is invited.

Questions, please contact Jack Phillips.

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