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Mental Health

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Photo by Markus Winkler on Unsplash

The Department of Human Services has become aware that there is confusion regarding timeframes specific to the “Warrant for Emergency Examination” under Section 302 of the Act. The field requires guidance on the length of time a warrant is considered active before the subject of the warrant has been located and the individual has been presented at an evaluation location.

When an individual displays an urgent need for evaluation and treatment due to concerns for the safety of that individual or others, authorization for an Involuntary Evaluation is outlined in the MHPA. The legislature designated a specific timeframe for an individual to be held at an evaluation location to avoid deprivation of liberty without further due process (see In Re Chiumento, 688 A. 2d 217, 221 (Pa Super, 1997)).

The mandated time limit reflects the expectation to honor the constitutional due process requirement of balancing individual liberty interests with the government’s interests in ensuring individual and societal safety.

If you have further questions, please contact RCPA Policy Director Jim Sharp.

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Photo by Kelly Sikkema on Unsplash

RCPA held a golf fundraiser for the RCPA Political Action Committee (RCPA PAC) on Wednesday, May 10, 2023. This successful event raised much-needed funds for our legislative activities, and we would like to thank all the generous golfers who participated and contributed. Congratulations to our winners! In addition, we would like to thank our sponsors:

  • Associated Production Services, Inc.;
  • Brier Dlugolecki Strategies;
  • Ceisler Media & Issue Advocacy;
  • Christopher S. Lucas & Associates;
  • Corporate Benefits Consultants;
  • Erie County Care Management;
  • Morgan Stanley Wealth Management;
  • Novak Strategic Advisors; and
  • Threshold Rehabilitation Services, Inc.

Your support is always appreciated, and we encourage you to make a personal contribution to the RCPA PAC. For your convenience, you can now make an online contribution.

Thank you again for your participation and support. We look forward to holding another golf outing in October, in conjunction with the RCPA Annual Conference.

Your participation in the RCPA-PAC is completely voluntary, and you may contribute as much or as little as you choose. Donations are not tax-deductible and will be used for political purposes. You may choose not to participate without fear of reprisal. You will not be favored or disadvantaged by reason of the amount of your contribution or decision not to contribute.

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As the Federal Public Health Emergency (PHE) ends on May 11, there are several areas under this declaration, including the suspension of HIPAA enforcement, that will revert to the previous compliance standards.

As the PHE ends, the Office of Civil Rights (OCR) is providing a 90-calendar day transition period for covered health care providers to come into compliance with the HIPAA Rules with respect to their provision of telehealth. This transition period will be in effect beginning on May 12, 2023, and will expire at 11:59 pm on August 9, 2023. The Department of Health and Human Services has released this notice.

The RCPA Telehealth Work Group will be meeting June 27, 2023 and is looking to have OMHSAS on the call to provide guidance on processes and auditing functions after the transition dates. If you have any questions, please contact RCPA Policy Director Jim Sharp. As this is a federal notice, questions related to this announcement should be directed to Marissa Gordon-Nguyen at 202-619–0403 or 800-537–7697 (TDD).

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As the end of the Public Health Emergency (PHE) on May 11, 2023 nears, the Centers for Medicare and Medicaid Services (CMS) has released a number of resources to help with this transition. Included in these resources are FAQs for all CMS programs, including Medicare, Medicaid, the Children’s Health Insurance Program (CHIP), and private insurance. Some additional information includes:

Additionally, CMS released the  Quality, Safety, & Oversight Memorandum to provide information about:

  • Expiration of emergency waivers related to minimum health and safety requirements for long-term care and acute and continuing care providers
  • Timelines for certain regulatory requirements issued during the PHE

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The Senate Health, Education, Labor & Pensions (HELP) Committee will hold a full committee hearing ‎on May 4, 2023 at 1:00 pm. This hearing, “Preparing for the Next Public Health Emergency: Reauthorizing the Pandemic and All-Hazards Preparedness Act (PAHPA),” will address the PAHPA set ‎to expire on September 30, 2023. This would be PAHPA’s first reauthorization since the ‎COVID-19 pandemic, and there are significant lessons learned and issues to address from this ‎experience. The Centers for Disease Control & Prevention (CDC) Director Dr. Rochelle Walensky, Food & Drug Administration (FDA) Commissioner Robert Califf, and Assistant ‎Secretary for Preparedness and Response at the Department of Health and Human Services (HHS) Dawn O’Connell are a few individuals expected to testify at the ‎hearing.

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