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Intellectual & Developmental Disabilities

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The Office of Developmental Programs (ODP) has shared that effective December 6, 2021, the Department has reinstated all of ODP’s suspended regulations. A list of the regulations that were previously suspended and the date they were reinstated is available here.

Pursuant to Act 73 of 2021, the suspensions of various regulatory provisions under the state disaster emergency declaration were extended until March 31, 2022, unless sooner reinstated by the Department.

Please note that the current version of the COVID-19 At-A-Glance Guide reads that “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.” This guidance is no longer accurate; again, all of ODP’s suspended regulations have been reinstated. The At-A-Glance guide will be updated to reflect this change in the near future.

If this action is cause for concern for any RCPA member, please contact Carol Ferenz for assistance.

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CMS has released an official memorandum stating that it has suspended activities related to the implementation and enforcement of this vaccine mandate rule pending future developments in the litigation.

Memorandum Summary             

Survey and Enforcement of the Vaccine Requirement for Health Care Staff in Medicare- and Medicaid-certified Providers and Suppliers Suspended While Court-Ordered Injunctions Are in Effect:

The Centers for Medicare & Medicaid Services (CMS) will not enforce the new rule regarding vaccination of health care workers or requirements for policies and procedures in certified Medicare/Medicaid providers and suppliers (including nursing facilities, hospitals, dialysis facilities, and all other provider types covered by the rule) while there are court-ordered injunctions in place prohibiting enforcement of this provision.

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RCPA joined with other disability service associations representing disability service providers and individuals with intellectual disabilities and autism (ID/A) in Pennsylvania urging Senator Toomey to support the investment included in the Build Back Better Act. The BBB Act, as passed by the House of Representatives, will strengthen the direct support professional workforce and sustain and expand access to Medicaid Home and Community-Based Services (HCBS).

The longstanding direct support professional (DSP) worker shortage has grown during the pandemic and decreased access to HCBS for people with disabilities in Pennsylvania as well as negatively impacted the quality of supports those individuals receive. Supporting this historic investment is crucial to strengthening and growing the DSP workforce so that all people with disabilities may lead safe and fulfilled lives. It is critical for Senator Toomey to vote in favor of this legislation to strengthen and expand the Medicaid HCBS program.

Additionally, we ask that members join us in this advocacy. This letter can be utilized as a template for your efforts. Please join us in this advocacy effort.

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