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Policy Areas

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Last Thursday (October 3, 2024), the Pennsylvania Department of State’s Board of Medicine submitted to the Independent Regulatory Review Commission (IRRC) a final-omitted regulation that would allow an initial physical examination required for prescribing, administering, and dispensing controlled substances to be conducted via telehealth under certain circumstances under 49 Pa. Code § 16.92. A final-omitted regulation does not require a public comment period and is in essence an expedited process for proposing a regulation change. IRRC will hold a public meeting on November 21 to approve or disapprove the regulation.

This final-omitted regulation would enable the Pennsylvania Department of Drug and Alcohol Programs (DDAP) to grant a statewide exception to 28 Pa. Code § 715.9(a)(4), which today requires Pennsylvania OTPs (called narcotic treatment programs in DDAP regulations) to conduct a face-to-face determination of whether an individual is currently physiologically dependent on an opioid.

In its Regulatory Analysis Form, the Department of State’s Board of Medicine wrote:

“This final-omitted rulemaking amends the Board’s regulations at § 16.92 by allowing the initial physical examination required for prescribing, administering, and dispensing controlled substances to be conducted by means of telehealth for those patients being admitted into an Opioid Treatment Program (OTP) for treatment of opioid use disorder with either buprenorphine or methadone, provided that the health care provider determines that an adequate evaluation of the patient can be accomplished via telehealth and a full in-person physical examination is completed within 14 days after admission to the OTP. This standard is the same physical examination standard utilized as a result of the Bureau of Professional and Occupational Affairs regulatory waiver issued during the COVID-19 epidemic, which proved to be safe and effective during and after the COVID-19 epidemic. This final-omitted regulation also conforms the Board’s regulations to the Federal opioid use disorder treatment standards as the Board does not wish to unnecessarily maintain a more stringent standard than required by Federal law for OTPs given the continued opioid crisis in this Commonwealth.”

In February 2024, the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAMHSA) published a final rule amending the federal regulations for the certification of OTPs in 42 CFR Part 8. The changes to the federal rules were used temporarily to improve access to treatment during the COVID-19 federal public health emergency. SAMHSA has now made those changes permanent, and DDAP intends to implement the updated federal rules and reduce barriers to treatment, as described in its latest Licensing Alert 07-2024. This final-omitted regulation is part of the commonwealth’s process for aligning with the final rule on 42 CFR Part 8.

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ODP held a quarterly provider forum to discuss Performance-Based Contracting status. During the meeting, ODP staff reviewed the data regarding provider submissions to date, common errors, and the top 10 unmet measures among the 2024 provider submissions.

Additionally, technical assistance areas were discussed and a guide was provided for using the Incident Management overview dashboard to assess performance-based measurement data.

A total of 36 residential providers submitted their applications in August: 15 Primary, 6 Select, and 15 Clinically Enhanced. These tier submissions have all been scored, and the results will be emailed to those providers in November. The communication will include a list of measures that the provider did not meet and instructions for the data submission resolution process available if a provider believes ODP made an error in evaluating provider performance. These tier assignments will be in effect from 1/1/2025 to 6/30/2026.

For providers who will be submitting their data in February, ODP will update the tools and guidance to reflect review period timeframe. Measures will not change between August and February/March and additional communications and reminders will be sent closer to February. ODP has a web page dedicated to assisting providers through this process.

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The Pennsylvania Department of Drug and Alcohol Programs (DDAP) will host its monthly ASAM Technical Assistance webinar at 10:00 am Monday, October 7. Staffers from the Bureaus of Quality Assurance and Administration, County Program Oversight, and Program Licensure will provide updates, including information about changes to 42 CFR Part 8, impacts to licensing, and how those changes align with the ASAM Criteria.

Past webinars and additional ASAM 3rd Edition resources are available on DDAP’s ASAM Transition page.

If you want to receive email notification of upcoming ASAM Technical Assistance webinars, email DDAP’s ASAM Resource Account.

The following information can be used to connect to each month’s webinar, including Monday’s.

Microsoft Teams meeting
Join on your computer, mobile app or room device
Click here to join the meeting
Meeting ID: 225 792 355 092
Passcode: fEEaG4
Download Teams | Join on the web
Or call in (audio only)
+1 267-332-8737,,336948391#   United States, Philadelphia
Phone Conference ID: 336 948 391#
Find a local number | Reset PIN

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The Centers for Medicare & Medicaid Services (CMS) held a training session on the Incident Management Systems and Critical Incident Reporting Provisions of the Medicaid Access Final Rule on September 16, 2024. The webinar recording, transcript, and slides are now available on the Training Series: HCBS Provisions of the Medicaid Access Final Rule web page. Register for upcoming sessions in the training series here.

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ODP Announcement 24-096 is to inform all interested parties that the Centers for Medicare and Medicaid Services (CMS) approved the 1915(b)(4) Performance-Based Contracting Waiver and the Consolidated, Community Living, and P/FDS Waiver amendments effective January 1, 2025.

As communicated in ODP Announcement 24-071, the waivers were submitted to CMS on July 26, 2024. Since that time, ODP has engaged in discussions with CMS. No substantive changes were made to the waivers based on those discussions. Information regarding Performance-Based Contracting for Residential Habilitation, Life Sharing, and Supported Living services delivered through the Consolidated and Community Living Waivers can be accessed at Performance-Based Contracting – MyODP. In addition to changes needed to implement Performance-Based Contracting, the following major changes were included in the Consolidated, Community Living, and P/FDS Waivers:

  • American Sign Language – English Interpreter service will be added.
  • Billable indirect activities will be added to the Benefits Counseling service and the fiscal year limit will increase from 15 to 24 hours.
  • Clarification about evaluations will be added to the Assistive Technology service.
  • The fiscal year limit for Music, Art and Equine Assisted Therapy will increase from 26 to 52 hours.

Each full waiver application, as well as a record of all substantive changes, is available online at:

ODP will be holding one webinar to provide a general overview of Performance-Based Contracting and additional major changes made in the approved waivers. There will be time during the session for presenters to answer questions submitted by participants during the webinar.

The date, time, and registration link for these webinars are as follows:
Consolidated, Community Living, and P/FDS Waiver Amendment Overview
Wednesday, October 30, 11:00 am to 12:00 pm — Register Here.

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ODP Announcement 24-097 is to inform all interested parties that the Centers for Medicare and Medicaid Services (CMS) approved amendments to the AAW, effective January 1, 2025. The updated waiver is available on the Department of Human Services (DHS) website.

The following major changes were included in Adult Autism Waiver:

  • American Sign Language – English Interpreter service will be added;
  • Clarification about evaluations will be added to the Assistive Technology service; and
  • Revise and clarify the provider qualifications for Residential Habilitation: Residential Provider (Community Home) and Life Sharing.

The full waiver application, as well as a record of all substantive changes, is available online at: Adult Autism Waiver.

ODP will be holding one webinar to provide a general overview of the changes made in the approved waiver. There will be time during the session for presenters to answer questions submitted by participants.

The date, time, and registration link for the webinar is as follows:
AAW Amendments Overview, Friday, November 8, from 10:00 am to 11:00 am
Register Here

ODP will hold additional webinars and publish guidance and clarification specific to the new American Sign Language – English Interpreter service.

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The Department of Health’s Brain Injury Advisory Board, established under section 1252 of the Federal Traumatic Brain Injury Act of 1996 (42 U.S.C. § 300d-52), will hold their next public meeting on Friday, November 1, 2024, from 10:00 am to 3:00 pm. The meeting will be held in person at the Pennsylvania Training and Technical Assistance Network, 6340 Flank Drive, Harrisburg, PA 17112 in the Cambria conference room.

Meeting materials will be sent out before the meeting and will also be available on the Board’s website and at the meeting location. Questions should be directed to Nicole Johnson.

The Department of Health’s Head Injury Program (HIP) strives to ensure that eligible individuals who have a traumatic brain injury receive high quality rehabilitative services aimed at reducing functional limitations and improving quality of life. The Board assists the department in understanding and meeting the needs of persons living with acquired brain injuries, both traumatic and nontraumatic, and their families. This quarterly meeting provides updates on a variety of topics, including the number of people served by HIP. In addition, meeting participants will discuss budgetary and programmatic issues, community programs relating to traumatic and nontraumatic brain injuries, and available advocacy opportunities.

For additional information or for persons with a disability who wish to attend the meeting and require an auxiliary aid, service, or other accommodation to do so, contact Nicole Johnson, Division of Community Systems Development and Outreach, 717-772-2763. For individuals with speech and/or hearing impairments, contact V/TT 717-783-6514 or the Pennsylvania Hamilton Relay Service at 800-654-5984. This meeting is subject to cancellation without notice.

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Image by Dirk Wouters from Pixabay

The Pennsylvania Commission on Crime and Delinquency (PCCD) is partnering with the Department of Human Services, Office of Mental Health and Substance Abuse Services, and the Council of State Governments Justice Center (CSG) to support a new statewide crisis intervention and response services assessment, gap analysis, and strategic planning initiative. This project will explore the intersections of the justice system and crisis response with a specific emphasis on crisis intervention team programs and their adherence to the Memphis Model, and is a component of PCCD’s federal Byrne State Crisis Intervention Program Funding Plan.

Through this assessment, it is essential to hear from stakeholders at the local and state levels across the behavioral health and criminal justice systems, including community members and people with lived experience, to identify assets, gaps, and challenges within the current crisis landscape. To accomplish this, CSG will be hosting 13 listening sessions, each for specific stakeholders, starting on Oct. 21, 2024.

More information about the project, including a direct link and QR code for listening session registration, is available. If you have any questions, please email Michael Leister.

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The Office of Developmental Programs (ODP) has shared ODPANN 24-095, to inform all stakeholders that the most recent version of the AAW Provider Information Table has been published. The table reflects updated rates for services effective July 1, 2024. Updated rates and any text added to reflect the changes are highlighted in gray. The table is effective October 1, 2024. Please review the announcement for additional information on accessing the table.

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