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Policy Areas

Today, the Pennsylvania Department of Drug and Alcohol Programs (DDAP) issued Licensing Alert 01-2023 to detail continued expansion of the availability of take-home methadone through the ongoing suspension of 28 Pa. Code § 715.16(e).

On Feb. 9, 2023, the US Department of Health and Human Services announced the final renewal of the federal public health emergency (PHE) declaration. The PHE will not be renewed when it expires on May 11, 2023. Both the federal and Pennsylvania Department of Drug and Alcohol Programs’ (DDAP) expansions of the availability of take-home methadone will remain in place until May 11, 2024. DDAP will keep the field aware of developments at the federal level that could extend flexibilities beyond May 2024. Read the full alert and background information on the regulatory suspension.

With the passage of the 2023 federal omnibus bill, which included the Mainstreaming Addiction Treatment Act, Congress eliminated the “DATA-Waiver Program.” The DATA-waiver is commonly referred to as the X-waiver.

Now, the requirement to have an X-waiver from the Drug Enforcement Agency (DEA) and Substance Abuse and Mental Health Services Administration (SAMSHA) to prescribe buprenorphine, a Schedule III narcotic, for opioid use disorder (OUD) has been removed. Any prescriber with a general DEA license can prescribe the medication.

DDAP is reminding DEA registrants of the following:

  • A DATA-Waiver registration is no longer required to treat patients with buprenorphine for OUD.
  • Going forward, all prescriptions for buprenorphine only require a standard DEA registration number. The previously used DATA-Waiver registration numbers are no longer needed for any prescription.
  • There are no longer any limits or patient caps on the number of patients a prescriber may treat for opioid use disorder with buprenorphine.
  • In Pennsylvania, no current state laws or regulations prohibit practitioners from adopting this change.

Separately, the Act also introduced new training requirements for all prescribers. These requirements will go into effect on June 21, 2023. The DEA and SAMHSA are actively working to provide further guidance and DEA will follow up with additional information on these requirements. Please contact the DEA’s Diversion Control Division Policy Section for additional guidance.

ODP Announcement 23-023 provides a high-level summary of how the notice that the Federal COVID-19 public health emergency (PHE) will end on May 11, 2023 will impact services rendered through the Consolidated, Person/Family-Directed Support (P/FDS), Community Living, and Adult Autism Waivers (AAW).

Two documents that provide a brief description of flexibilities available during the COVID-19 public health emergency, including the date that the flexibilities end, are included as Attachment A (related to the Consolidated, P/FDS, and Community Living Waivers) and Attachment B (related to the AAW). Additional guidance regarding how to return to regular operations (requirements in the current waivers and policies) once each flexibility ends will be published in the future. Questions about this communication should be directed to the appropriate ODP Regional Office.

As the Federal Public Health Emergency unwinds, more than a million Pennsylvanians on the Medicaid rolls will have their eligibility determinations reviewed. RCPA has been a part of the MA/CHIP Watch Group, an advocacy partnership focused on this process for children and families to ensure coverage for services. The partnership is a group of Pennsylvania health, law, and policy advocates who work directly with and on behalf of Medical Assistance (MA) and Children’s Health Insurance Program (CHIP) enrollees. For approximately one year, the group has been meeting regularly with DHS staff to discuss DHS’ plans to resume regular operations when the federal provision for continuous coverage, put into place in March 2020 at the onset of the COVID-19 pandemic by the Families First Coronavirus Response Act (FFCRA), ends.

DHS has an unprecedented task ahead: conducting MA eligibility checks for an estimated 1.1 million MA enrollees, who either no longer appear to be eligible or have overdue renewals. The group remains very concerned about the enormous administrative workload the County Assistance Offices (CAOs) will face when redetermining eligibility for this large volume of cases while resuming regular operations after three years, and how that is likely to translate into individuals losing coverage, though remaining eligible.

Recently, the group presented a letter of recommendations to DHS Secretary Dr. Val Arkoosh outlining these concerns and pathways to ensure transitional care and coverage for children. Additionally, RCPA in their meetings with DHS continues its advocacy and support for the recommendations outlined in the letter to Secretary Arkoosh.

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.

The Office of Long-Term Living (OLTL) has released the registration information and agenda for the March 1, 2023, Managed Long-Term Services and Supports (MLTSS) Subcommittee meeting. The meeting will be held at the PA Department of Education Building’s Honors Suite, 1st Floor, at 333 Market St. in Harrisburg, or via webinar from 10:00 am – 1:00 pm.

To participate in the meeting via webinar, please register here. When registering, please verify that you entered your email address correctly. You will receive a confirmation email containing information about joining the webinar if you registered correctly. Note that if you have trouble accessing the webinar registration through Internet Explorer or Safari web browsers, you should try accessing it through a different web browser, such as Chrome or Edge.

Dial In Number: 1 (213) 929-4212
Access Code: 315552949#.

Public comments will be taken after each presentation. Questions can be entered into the chat box during the presentations, and these questions will be asked at the end of each presentation. There will be an additional period at the end of the meeting for any additional public comments.

If you have any questions about alternative methods for submitting questions or comments during a subcommittee meeting, including options when no internet access is available, please submit them electronically.

Wednesday, February 22, 2023 — 1:00 pm ET
Register for Free

General Overview
A webinar offered by the National Association of State Treasurers’ ABLE Savings Plans Network (ASPN) with guest speakers from the Social Security Administration.

You are invited to attend this special webinar to hear from ABLE state program administrators and Social Security Administration (SSA) experts. During this inaugural webinar of the ABLE Savings Plans Network (ASPN), participants will be equipped with the following:

  • General knowledge about the benefits of owning an ABLE Account;
  • Knowledge of the relationship between ABLE Accounts and Social Security Disability Benefits;
  • Understanding of ABLE-related information that must be provided to SSA; and
  • Resources on SSA benefits and ABLE Accounts.

Who will benefit from this webinar?
People with disabilities, their family members and legal representatives, SSA field office staff and leadership, disability advocacy and service provider organizations, and state ABLE program administrators.

The National Association of State Treasurers (NAST) hosts the only national working alliance for all ABLE Programs, called the ABLE Savings Plans Network (ASPN). ASPN is a working alliance of state ABLE program administrators and industry stakeholders substantively coordinating on industry issues, advocacy, and outreach. Additionally, the National Association of State Treasurers Foundation launched ABLE today, which supports national outreach for ABLE Programs, directly engages the disability community, and provides resources on ABLE Accounts.

Together, ASPN and ABLE today work to empower individuals with disabilities towards more independent and secure futures by offering tools and resources on the benefits of ABLE Accounts. ABLE Accounts can be used for disability-related expenses without losing access to federal means-tested benefits.

ODP Announcement 23-022 is to inform all interested parties that the recording of the General Stakeholder Waiver Renewal webinar is available on MyODP. Major changes approved in the Consolidated, P/FDS, and Community Living waiver renewals are discussed within the recording. The Centers for Medicare and Medicaid Services (CMS) approved the waivers effective January 1, 2023. The webinar recording and accompanying PowerPoint are now available here.