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Criminal Justice

As part of the Centers for Medicare & Medicaid Services’ (CMS) ongoing efforts to provide up-to-date information to prepare for the end of the Public Health Emergency (PHE) for COVID-19, expected on May 11, 2023, we are providing a new overview fact sheet on CMS Waivers, Flexibilities, and the Transition Forward from the COVID-19 Public Health Emergency. COVID-19 efforts have been a significant priority for the current administration, and with the use of whole-of-government approach, the country is in a better place. Over the next several months, CMS will work to ensure a smooth transition back to normal operations.

The fact sheet provides clarity on several topics, including:

  • COVID-19 vaccines, testing, and treatments;
  • Telehealth services; and
  • Health care access.

There are several telehealth flexibilities listed within the document, including the continuation of virtual supervision to the end of the calendar year. See below for an excerpt from CMS’ PHE release:

Virtual Supervision

To allow more people to receive care during the PHE, CMS temporarily changed the definition of “direct supervision” to allow the supervising health care professional to be immediately available through virtual presence using real-time audio/video technology instead of requiring their physical presence. CMS also clarified that the temporary exception to allow immediate availability for direct supervision through virtual presence also facilitates the provision of telehealth services by clinical staff “incident to” the professional services of physicians and other practitioners. This flexibility will expire on December 31, 2023.

What is missing is guidance around the intersect of telehealth and the prescribing of buprenorphine as directed under the Ryan Haight Act of 2008. As part of the CMS Physicians Fee Schedule of 2023, CMS was in the process of writing language extending this as a flexibility. To date, there has been no guidance, though RCPA continues its advocacy efforts with the National Council for Mental Wellbeing, as well as state and federal stakeholders.

Photo by Kane Reinholdtsen on Unsplash

The 2023 RCPA Conference, which will be celebrating our 10-year anniversary as a leader in shaping policy and enhancing lives, will be held October 10 – 13 at the Hershey Lodge for a statewide audience. The Conference Committee is seeking workshop proposals in every area for possible inclusion, particularly those that assist providers in developing and maintaining high-quality, stable, and effective treatments, services, and agencies in an industry where change is constant. The committee looks for presentations that:

  • Highlight new policy, research, and treatment initiatives, such as telehealth innovations, suicide prevention, and employing people with disabilities;
  • Provide specific skills and information related to individual and organizational leadership development and enhancement;
  • Discuss advanced ethics practices;
  • Address system changes that affect business practices, including integrated care strategies, value-based purchasing, acquisitions/mergers, and alternative payment models;
  • Provide guidance on building a culture of a committed workforce, including recruitment and employee development as well as effective remote workforce strategies;
  • Offer concrete skills and tools to operate more efficient, effective agencies; and
  • Inspire ideas for organizations to be leaders in their field.

The committee welcomes any proposal that addresses these and other topics essential to rehabilitation, mental health, substance use disorder, children’s health, aging, physical disabilities, and intellectual/developmental disabilities & autism. Members are encouraged to consider submitting and to forward this opportunity to those who are exceptionally good speakers and have state-of-the-art information to share.

The Call for Proposals (featuring a complete listing of focus tracks) and accompanying Guidelines for Developing Educational Objectives detail requirements for submissions. The deadline for submissions is Monday, March 13, 2023, at 5:00 pm. Proposals must be submitted electronically on the form provided; confirmation of receipt will be sent. Proposals submitted after the deadline will not be considered.

If the proposal is accepted, individuals must be prepared to present on any day of the conference. Workshops are 90 or 180 minutes in length. At the time of acceptance, presenters will be required to confirm the ability to submit workshop handouts electronically four weeks prior to the conference. Individuals unable to meet this expectation should not submit proposals for consideration.

Individuals are welcome to submit multiple proposals. Notification of inclusion will be made via email by Friday, May 12, 2023. Questions may be directed to Carol Ferenz, Conference Coordinator.

The Moral Matters podcast recently discussed “Lobbying for Good” with Richard Edley, PhD, who is a psychologist and current President/CEO of RCPA, an advocacy and lobbying organization in Pennsylvania that supports community health and human services organizations. He shares his journey to this career, and why we should all learn more about how lobbyists — and even political action committees — might be acting on our behalf. Listen to the podcast here.

The sustained funding of community-based mental health services, such as community residential programs, family-based support, outpatient care, and crisis intervention, are critical to the wellbeing of our constituents and our communities. Funding levels for county mental health services have direct impacts on whether these important community and family supports will be available. Yet for too many years, state funding for mental health services has lagged far behind its needs. Counties find themselves advocating for the prevention of funds being cut instead of achieving the increases that are needed to catch up from years of underfunding.

This year, RCPA and other system stakeholders once again teamed with the County Commissioner Association of Pennsylvania (CCAP) through the Mental Health Safety Net Coalition. The mission and vision of this campaign continues to promote awareness of the critical funding needs of mental health services for vulnerable Pennsylvanians. As RCPA and the Mental Health Safety Net Coalition continue our efforts, we ask our members, stakeholders, and partners to join us in this collaborative effort by engaging with your legislators. “County mental health services provide a critical piece to the public safety net for people in need,” notes Richard S. Edley, PhD, President and CEO of RCPA. “The system sustained cuts over a decade ago with little relief since then. It is time to restore those dollars and further enhance the system. Not only will it provide critical funding for the individuals receiving services, but there are positive benefits — both financially and clinically — to the entire community.”

The Coalition welcomes the many new partners for this 2023–24 initiative, as the time to act is now for engaging with your representative. Local communities and providers have come together to sustain the safety net and serve those who need it most. The reality is that the demand for service far outweighs capacity and rate structures to serve this population.

View our first of many communications that will go out on behalf of the Coalition as an open call to the PA General Assembly and stakeholders. This will provide you with strategic talking points for our outreach. If you have additional questions or would like to join the Mental Health Safety Net Coalition, please contact RCPA Policy Director Jim Sharp.

Photo by Markus Winkler from Pexels

Laval Miller-Wilson will join the Pennsylvania Department of Human Services (DHS) on Monday, March 13 as the Deputy Secretary for the Office of Children, Youth, and Families (OCYF), which supervises the county-operated child welfare and juvenile justice systems. Miller-Wilson, an attorney, is deeply committed and passionate about ensuring that vulnerable populations get the care they need and deserve.

Miller-Wilson has been the Executive Director of the Pennsylvania Health Law Project (PHLP) since 2009, a non-profit that protects and advances health care rights through free legal services, community education, and systems advocacy. At PHLP, he worked to make the health industry and policymakers more attuned to what people want and need — and more accountable for making it happen. He was lead counsel for Medicaid enrollees on Pennsylvania’s Medical Assistance (Medicaid) Advisory Committee, which advises the Commonwealth on the impact of current and proposed Medicaid policies and practices. He delivered consumer-informed perspective about the state’s implementation of the Affordable Care Act, performance of Medicaid managed care plans, and determinants of health.

Prior to joining PHLP, Miller-Wilson worked for 14 years at Juvenile Law Center (JLC) representing children in the child welfare, juvenile, and criminal justice systems. At JLC, he led their 2008 petition to the Pennsylvania Supreme Court to ensure accused youth in Luzerne County had the right to counsel (subsequently known as the “Kids for Cash” scandal), and federal litigation to improve the delivery of basic and special education to children in the criminal justice system. He was also the lead author of a 2003 assessment of children’s access to counsel and the quality of representation they receive in Pennsylvania’s juvenile justice system that required surveying and visiting juvenile courts across the Commonwealth.

Pennsylvania is preparing for a major change in renewal processes for Medicaid and Children’s Health Insurance Program (CHIP) recipients.

Starting April 1, 2023, Pennsylvania is required by federal law to review Medicaid and CHIP recipients’ eligibility every year, which means that recipients must submit a renewal. While the Department of Human Services (DHS) still sent renewals during the height of the COVID-19 pandemic, most people were not disenrolled from Medicaid or CHIP because of a change in eligibility.

DHS encourages everyone to share the following information with Medicaid and CHIP recipients to help them stay informed about renewals.

What Should I Do Right Now?

The best thing that Medicaid and CHIP recipients can do right now to prepare for their renewal is to make sure that their contact information is up-to-date with DHS. By making sure that their information is current, recipients can receive timely updates about their renewal. They also can opt-in to receiving text and email alerts about their benefits.

  • Visit COMPASS and log into their My COMPASS Account.
  • Use the free myCOMPASS PA mobile app.
  • Call 877-395-8930 or 215-560-7226 (Philadelphia), Monday – Friday from 8:00 am – 4:30 pm.

What Else Do I Need to Know?

Completing Medicaid and CHIP Renewals
Renewals should be completed when they are received, even if recipients receive them before April 1, 2023. Recipients will receive a renewal packet in the mail when it is time to renew their coverage. Information about their renewal will start to arrive 90 days before it is due. It is very important that renewal forms are completed and returned even if nothing has changed. Completing a renewal allows DHS to determine eligibility for MA or CHIP coverage. Coverage will continue for recipients who are still eligible.
There are a few ways for recipients to complete a renewal:

  • Complete the forms DHS sends and mail them back in the envelope included in the packet.
  • Drop completed forms off at the local county assistance office (CAO).
  • Complete the renewal online.
  • Complete the renewal over the phone by calling 866-550-4355.

What is Continuous Coverage?

Under the continuous coverage requirement, individuals covered by Medicaid and/or CHIP have been able to keep their health coverage even if they would have otherwise become ineligible for the program based on other factors.

Evaluating Eligibility

Once the continuous Medicaid and CHIP coverage requirement ends, recipients will have to complete a renewal to maintain their coverage as long as they are eligible.

Are You Ineligible for Coverage?

DHS will provide instructions on how to re-enroll or share options for coverage if individuals are no longer eligible. Options for free or low-cost health coverage are available online.

Get more information and resources at DHS’s website.