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Policy Areas

Tablet on a desk - Newsletter

The Office of Developmental Programs (ODP) has shared ODPANN 25-085. This communication announces the release of a new issue of the quarterly newsletter, The Certified Investigator (CI) Program Spotlight. The CI Program Spotlight, Volume 2, Issue 3, may be found by logging into MyODP and visiting the CI Program Spotlight Newsletter web page.

Tuesday, December 9, 2025
Start time: 10:00 am

End time: 2:30 pm
Break: 12:00 pm – 1:10 pm

This meeting will be virtual via Zoom with on-site access at Pennsylvania Training and Technical Assistance Network (6340 Flank Drive, Harrisburg, PA 17112). The public is invited to attend or register for this meeting using this link.

Note: The public Zoom link requires Webinar registration prior to meeting access.

CART and sign language interpreters will be available during this meeting. Those using a screen reader can connect here. Additional auxiliary aids and services are available upon request to individuals with disabilities. Please email the State Board Resource Account.

The agenda for this meeting can be found on the State Board’s web page. Anyone who would like to make public comment prior to the meeting may submit their comments via email.

Legislation. Wooden gavel and books in background. Law and justice concept

Representative John Schlegel has introduced a co-sponsorship memo regarding House Bill 2070, Clarifying Dry Needling as an Acceptable Practice within Physical Therapy (PT).

The American Physical Therapy Association (APTA) recognizes dry needling as being within the physical therapist scope of practice. However, Pennsylvania’s Physical Therapy Practice Act (Act 110 of 1975) does not explicitly allow or deny the performance of this type of therapy. This creates a legal gray area and causes uncertainty among licensed physical therapists. Due to the current law’s silence on this treatment technique, legislative clarification is needed.

Dry needling (sometimes referred to as “trigger point dry needling” or “intramuscular manual therapy”) is a treatment method used to relieve muscle pain and stiffness and to improve range of motion. It is important to note that dry needling and acupuncture are not the same, though both are considered needle-based therapies. These procedures have different medical origins, needle placement and application techniques, and serve different purposes.

HB 2070 clarifies that licensed physical therapists may perform dry needling therapy given certain education and training requirements are met and will further specify that dry needling does not include the practice of acupuncture.

A majority of states acknowledge that dry needling is within the scope of practice for physical therapists, including our neighboring states of Delaware, Maryland, New Jersey, Ohio, and West Virginia.

The bill was referred to the House professional licensure committee on December 3, 2025.

The Office of Developmental Programs (ODP) has shared this important announcement from the U. S. Food and Drug Administration (FDA).

The FDA is aware that Abbott Diabetes Care has sent all affected customers, distributors, and health care providers a letter regarding an issue with certain FreeStyle Libre 3 and FreeStyle Libre 3 Plus sensors providing incorrect low glucose readings. If undetected, incorrect low glucose readings over an extended period may lead to wrong treatment decisions for people living with diabetes, such as excessive carbohydrate intake or skipping or delaying insulin doses. These decisions may pose serious health risks, including potential injury or death, or other less serious complications.

As of November 14, 2025, Abbott has reported 736 serious injuries and seven deaths associated with this issue.

Affected Product

  • FreeStyle Libre 3 Sensor
    • Model Numbers: 72081-01, 72080-01
    • Unique Device Identifiers (UDI-DI): 00357599818005, 00357599819002
  • FreeStyle Libre 3 Plus Sensor
    • Model Numbers: 78768-01, 78769-01
    • Unique Device Identifiers (UDI-DI): 00357599844011, 00357599843014
  • Download the full list of affected lots

What to Do:

Patients should verify if their sensors are impacted and immediately discontinue use and dispose of the affected sensor(s).

On November 24, 2025, Abbott Diabetes Care sent all affected customers a letter recommending the following actions:

  • For Patients:
    • Determine if your current or unused sensor(s) are affected by visiting FreeStyle Check and selecting “CONFIRM SENSOR SERIAL NUMBER.” You will need to locate your sensor serial number to determine if your sensor is affected.
      • If you are wearing a FreeStyle Libre 3 and FreeStyle Libre 3 Plus sensor, you can find the serial number in the app or reader. The serial number can also be found on the label on the bottom of the sensor applicator or carton. (If you are using a sensor with a connected insulin delivery device, please refer to the connected insulin delivery device user manual on how to locate the sensor serial number.)
    • If you are currently wearing or have a FreeStyle Libre 3 or FreeStyle Libre 3 Plus sensor that has been confirmed as potentially affected on FreeStyle Check or by a customer service representative, immediately discontinue use and dispose of the affected sensor(s).
    • You can request a replacement for any potentially affected sensor(s) on FreeStyle Check. Select “CONFIRM SENSOR SERIAL NUMBER” and enter a valid serial number. If your sensor is potentially impacted, you will be instructed to enter your contact information so a replacement product can be sent to you at no cost.
    • Use a blood glucose meter or the built-in meter in your FreeStyle Libre 3 Reader to make treatment decisions when your sensor readings don’t match your symptoms or expectations.

Visit the FDA’s website for additional information and instructions on how to locate the Sensor’s Serial Number.

The Office of Developmental Programs (ODP) has shared ODPANN 25-105. The purpose of this communication is to provide notice that the Federal Supplemental Security Income (SSI) payment will increase beginning in January 2026.

The SSI federal program provides benefits to adults and children who meet the SSA’s requirements for disability, income, and resources. This income benefit is designed to help qualified individuals meet basic needs for food, clothing, and shelter. Periodically, COLA affects the maximum monthly allotment. Effective January 2026, the SSA increased the SSI allotment by 2.8 percent to reflect an increase in the cost of living.

To account for the new COLA, room and board agreements should be reviewed to determine appropriate adjustment. The Room and Board Residency Agreement § 6100.687 (DP 1077) is found on the MyODP website.

Please see the bulletin for additional information. If you have any questions, please reach out to your Office of Developmental Programs (ODP) Regional Office.

Message from the Center for Connected Health Policy (CCHP):

On November 10, 2025, the U.S. Drug Enforcement Administration (DEA) posted a fourth temporary extension of the COVID-19 telemedicine flexibilities for prescribing controlled substances. These flexibilities were set to expire at the end of the year. Although the DEA has not yet released the full text of the extension — including how long it will last. At this point, the final rule is still pending regulatory review. Historically, extensions have added a year of continued flexibility, though this extension could be shorter. For context, the previous extension, issued in November 2024, extended the telemedicine allowances through December 31, 2025. Until the fourth extension rule is approved and the complete text published, the duration and any potential policy adjustments remain unknown.

As background, permanent federal law under the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 largely prohibits the prescribing of controlled substances without an initial in-person examination. While the statute outlines several exceptions under the defined “practice of telemedicine,” these apply primarily when a patient is located in a hospital or clinic or in the presence of another practitioner. As a result, these exceptions do not cover the routine model of telehealth widely used today, in which the patient (and sometimes the provider) participate from home settings. Importantly, the in-person requirement under the Ryan Haight Act applies only to the initial visit, and the DEA has never required subsequent in-person encounters. While the full details are not yet available, it is likely that the forthcoming temporary extension will mirror previous ones by continuing to suspend the initial in-person visit requirement for the period of the extension.

It is important to note that these DEA extensions affect only federally-controlled substance prescribing rules. States maintain their own requirements, which may include stricter requirements for in-person visits prior to the prescribing of controlled substances. Please check the Online Prescribing category of CCHP’s Policy Finder to reference state specific requirements.

Additionally, the DEA’s in-person prescribing requirement is separate from Medicare’s policy requiring an in-person visit within six months prior to an initial telehealth mental health service and annually thereafter. That Medicare mental health requirement — often confused with the DEA’s prescribing standard — is tied to Medicare reimbursement rules and applies only to Medicare beneficiaries and providers seeking reimbursement for mental health services through Medicare if their situations do not meet certain exceptions, not to all patients. Additionally, this Medicare in-person visit requirement is currently waived until January 30, 2026 (as passed in the most recent government funding bill), whereas the DEA’s in-person requirement, which is the topic of this particular newsletter and the new fourth extension rule, governs all practitioners prescribing controlled substances nationwide, regardless of payer.


If RCPA members have any questions, please contact RCPA COO and Mental Health Policy Director Jim Sharp.

RCPA has formalized its opposition to SB 716 in a brief position paper. Senator Laughlin’s SB 716 would amend Pennsylvania’s Mental Health Procedures Act (MHPA) by defining substance use disorder (SUD) as a mental illness, thereby subjecting those with an SUD to the same procedures outlined in MHPA, including an involuntary commitment to a 120-hour hold in a psychiatric hospital, which is commonly referred to as a 302 (Section 302 of MHPA).

RCPA determined its position after months of discussion and analysis, including:

  • Written input from the entire RCPA SUD treatment provider membership;
  • Extensive conversations and meetings with RCPA members, including SUD and mental health treatment providers, the SUD Steering Committee, and governmental entities;
  • Multiple meetings with staff from key legislators’ offices, including Sen. Laughlin;
  • Multiple meetings with the Shapiro administration; and
  • A review of published research detailing experiences other states have had with involuntary commitment for SUD.

RCPA has offered to work with the legislature and Sen. Laughlin to implement alternative strategies that are proven effective in reducing overdoses and connecting those with SUD to treatment.

The PA Office of Developmental Programs (ODP) hosted a Supports Coordination Organization (SCO) Forum to provide status updates and data related to the recently completed desk review for Performance-Based Contracting. All PBC submissions have been scored, and results will be emailed to SCOs shortly, with final results published on the DHS website in January 2026. The new contract cycle is effective from January 1, 2026, to June 30, 2027.

Pay-for-Performance (P4P) and Portal Feedback

  • P4P Updates: Capacity building investments continue, with $3.835 million available for Credentialing and another $3.835 million available for Technology. A total of 45 SCOs submitted for at least one of these two investments.
  • MyPBC Portal: ODP requested feedback on SCOs’ experience using the new MyPBC Portal for submissions.

Notification Letters and the Critical Resolution Process

Notification letters regarding determination are now being sent, which will include a list of any performance measures the SCO did not meet.

  • Mandatory QM Plans: SCOs with unmet measures are required to create and implement a Quality Management Plan (QMP) to meet the standards before the next PBC submission period.
  • Resolution Deadline is Strict: The most crucial detail shared is the deadline for challenging an unmet measure determination. SCOs will have only seven calendar days from the receipt of their determination letter to initiate the Resolution Process.
  • Process Guidance: The Resolution Process is strictly for submitting existing documentation that was inadvertently omitted or contained typographical errors to refute ODP’s determination. This is not an opportunity to create new materials solely to meet the standard, and newly created policies, plans, or comments on the process will not be reviewed.

Top Unmet Measures

The presentation included a breakdown of the top unmet measures across all SCOs, highlighting specific compliance challenges:

Measure Measure Description Number of SCOs Unmet Percent of SCOs Unmet
PCP.01.2 90% compliance with monitoring frequency by waiver type 38 73%
QDI.01.6 Restrictive procedure data is 86% accurate as compared to the most current BSP. 30 58%
RN.01 Register in PA Navigate Resource Platform as a CBO 15 23%

QDI (Quality Data Integrity) Measures: The purpose of QDI measures is to stress that SCOs are the primary source of data collection, and data integrity is essential for data-driven policies. ODP plans to drop these measures over time as performance improves.

  • For QDI.01.1 (Demographic Data), ODP focused on Completeness (86% threshold) this cycle, as checking for both ‘Complete AND Accurate’ resulted in nearly every SCO failing the measure. The threshold is set to increase to 93% for the FY 2027/28 contract cycle.
  • The target for PCP.01.2 (Monitoring Frequency Compliance) is 90% (P/FDS: once every three months; Consolidated/Community Living: once every two months). This threshold is also scheduled to increase to 93% in the FY 2027-2028 contract cycle.

Restrictive Procedures and Dissatisfaction Measures

  • Restrictive Procedures (RP): ODP presented details on the calculation for QDI.01.6, which compares the restrictive procedure checkbox in HCSIS against the most current Behavior Support Plan (BSP) summary text. Data showed a continued overall decrease in the rate of Restrictive Procedures incidents from 2022 to 2024.
  • Dissatisfaction Measure: For the Dissatisfaction Measure, ODP will utilize the data submitted by SCOs (the number of individuals who chose another SCO due to dissatisfaction and the reasons why) to establish a baseline for the measure and determine how to proceed with it in the future.

The presentation slide deck can be found here. SCO Providers are encouraged to continue to submit feedback and questions to ODP via the PBC Inbox.

For questions or comments, please contact Tim Sohosky.