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Photo by Kane Reinholdtsen on Unsplash

“Homeward Bound: Exploring Issues Faced by Justice-Involved Persons”

The 30th Annual Forensic Rights and Treatment Conference, brought to us by Drexel University, will be presented this year with a spectacular online educational program addressing clinical, policy, and environmental issues that impact persons involved with the criminal justice system. RCPA highly recommends this engaging experience, and members can see further details, including registration, in the conference brochure.

The plenary sessions will address implicit bias, false confessions, Megan’s Law, and an overview of the pardons process. The workshops will offer skill-building sessions to use in your own settings. All sessions will be recorded, which will allow you to earn additional continuing education credits by viewing sessions at your convenience. The conference will be available to registrants until December 31, 2022, and you will be able to see all of the workshop offerings.

For more information contact Drexel via email or call 215-831-4055. If you have additional questions, please contact RCPA Policy Director Jim Sharp or Carol Ferenz.

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ODP Announcement 22-112 informs all interested parties that on October 31, 2022, the Department submitted Pennsylvania’s Statewide Transition Plan to the Centers for Medicare & Medicaid Services (CMS). CMS is responsible for reviewing the Statewide Transition Plan to ensure all federal regulatory requirements are met. During the review process, CMS may request that technical changes be made to the plan. When this occurs, CMS usually includes a summary of changes made with the final approval letter. The Department will notify all interested stakeholders when CMS has given its approval and will make the approved version available at that time.

The Statewide Transition Plan may be viewed here. Questions about the Statewide Transition Plan or this communication should be sent electronically.

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RCPA members will now receive a discount on services from Streamline. Streamline Healthcare Solutions is a trusted EHR and MCO solution partner in building innovative technology solutions for the human services and health care delivery marketspace. Developed specifically for this market, their cloud-based, single platform and intelligent technology is unlike any other. From value-based care to evidence-based practices to population health management, human services is changing, and the Streamline SmartCare Platform’s open architecture and sophisticated data integration & analytics enable human services organizations to meet tomorrow’s needs today.

For further information, please contact Streamline’s PA Regional Sales Manager Matt Mercer via email or 313-283-9456.

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City & State PA is a premier multi-media news firm that dedicates its coverage to Pennsylvania’s state and local government, political, and advocacy news. City & State PA annually cite among their Power 100 rankings those in the nonprofit field for their achievements and contributions. This year, several RCPA members and stakeholder partners have been recognized for their efforts in their field and those they serve. Included in the list are:

  • Jill Bowen, Philadelphia Department of Behavioral Health and Intellectual Disability Services;
  • Colleen McNichol, President and CEO, Child Guidance Resource Center;
  • Marco Giordano, CEO, Resources for Human Development;
  • Mike Smith, President and CEO, Goodwill of Southwestern Pennsylvania;
  • Gordon May, President and CEO, CONCERN 4 Kids;
  • Sherri Landis , Executive Director The Arc of Pa; and
  • Representative Frank Ferry Pa House of Representative 142nd Districts.

RCPA congratulates these members and partners for their recognition in this year’s Power 100 Nonprofit Leaders. You can view the full article here.

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This week, the Centers for Medicare & Medicaid Services (CMS) announced the Calendar Year 2023 Physician Fee Schedule (PFS) final rule. The final rule includes several National Council and RCPA recommended priorities. These are wins for mental health and substance use care organizations that will help expand access to care by strengthening the workforce.

RCPA recommends members review this 2023 Physicians Fee Schedule Final Rule Summary for impacts on your agencies practice and/or policies.

Key Highlights:

  • Telehealth Flexibility Extensions: CMS is extending telehealth flexibilities implemented under the Public Health Emergency (PHE) for a 151-day period after the expiration of the PHE.
  • CMS is allowing behavioral health clinicians to offer services incident to a Medicare practitioner under general (rather than direct) supervision.
  • Licensed professional counselors and marriage and family therapists are now able to bill incident to Medicare practitioner for their services.
  • Medicare will allow opioid treatment programs to use telehealth to initiate treatment with buprenorphine for patients with opioid use disorder, continuing the flexibilities under the Ryan Haight Act of 2008.
  • CMS is also clarifying that opioid treatment programs can bill for opioid use disorder treatment services provided through mobile units, such as vans, in accordance with Substance Abuse and Mental Health Services Administration (SAMHSA) and Drug Enforcement Administration (DEA) guidance.

The Final Rule, in alignment with the Consolidated Appropriations Act (CAA) of 2022, implements an extension of a number of flexibilities for a 151-day period after the expiration of the Public Health Emergency (PHE), which is set to expire on January 11, 2023.

In the event of further extensions of the federal PHE, we will communicate this info to members. Under the current timeframe for PHE continuation, states must be notified by November 11, 2022.

We thank our members and Steering Committees for their guidance, recommendations, and support through the review process. If you have any questions, please contact your respective RCPA Policy Director.

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Gov. Wolf today signed into law two bills with major significance to the commonwealth’s efforts to address the addiction and overdose death epidemic.

Act 146 is a wide-ranging statute that includes language making medications to treat opioid use disorder (MOUD) available without prior authorization through commercial insurers and Medicaid managed care organizations (MCOs). Act 111 amends the Controlled Substance, Drug, Device and Cosmetic Act to explicitly exclude fentanyl test strips from the definition of drug paraphernalia, effectively legalizing them.

Act 146

Act 146 puts into statute a 2018 agreement Gov. Wolf brokered with commercial insurance companies and a Department of Human Services’ directive to Medicaid MCOs that ensured Pennsylvanians had unrestricted access to MOUD when they need it. The new law specifically reads:

Section 2157.  Medication-Assisted Treatment.

(A) Minimum Requirement — An insurer or MA or CHIP managed care plan shall make available coverage of at least one prescription drug approved by the United States Food and Drug Administration for use in Medication-Assisted Treatment for opioid use disorders, including coverage of at least one of each of the following without prior authorization:
(1)  Buprenorphine/naloxone prescription drug combination product.
(2)  Injectable and oral naltrexone.
(3)  Methadone.

(B)  Coverage and Cost Tier — If a Medication-Assisted Treatment prescription drug set forth in Subsection (A) is covered as a pharmacy benefit, then the insurer or MA or CHIP managed care plan shall cover the prescription drug on the lowest nonpreventative cost tier of the health insurance policy or MA or CHIP managed care plan.

Subsection (B) requires payers to make the medications outlined in Subsection (A) available at the lowest cost share for non-preventative drugs.

Earlier versions of the bill included language that prevented prior authorization only for the initial treatment or prescription but did not preclude subsequent prior authorizations. Additionally, earlier language also limited the prior authorization waiver to only one drug used to treat OUD. RCPA worked with House leadership and other stakeholders to negotiate broader, more expansive language.

Sen. Kristin Phillips-Hill sponsored the legislation.

Act 111

Act 111 goes beyond fentanyl test strips and excludes from the definition of drug paraphernalia any “testing products used for personal use in determining whether a controlled substance contains chemicals, toxic substances or hazardous compounds in quantities which can cause physical harm or death.”

Over the last few years, more legislation and public health policy aimed at reducing the harm associated with drug use has been introduced and adopted, marking a significant shift in attitudes toward and acceptance of harm reduction.

Rep. Jim Struzzi sponsored the legislation.

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Using funds available through the American Rescue Plan Act (ARPA), the Department of Human Services Office of Medical Assistance Programs has developed a plan to create Pediatric Complex Care Resource Centers (PCCRC) across Pennsylvania to support families of children with complex medical needs. This initiative is currently in the planning phase, with the centers slated to launch in early 2023.

For more information, visit here. You can also visit the DHS website for Complex Case Planning information.

If you have any questions, please contact Cindi Hobbes.

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ODP Announcement 22-111 reminds providers that any regulation that requires completion of 24 hours of training related to job skills and knowledge each year, as well as any regulations that require the provision of training that encompasses the six areas required by regulation, are in full effect. Providers must comply with these requirements.

The Office of Developmental Programs (ODP) recognizes that providers may still be struggling to meet the 24-hour training requirements due to the prevalence of infectious or communicable diseases and continued workforce insufficiency; as such, the following guidance will be applied for training years that end in calendar year 2023:

  • Any training provided that is specific to the mitigation of risk related to infectious and communicable disease may be counted towards the 24-hour training requirements required by regulation. Such training includes, but is not necessarily limited to:
    • Social distancing;
    • Personal protective equipment use (donning, doffing, fit testing);
    • Contact tracing and notifications;
    • Mask, face covering, or face shield use;
    • Cleaning and disinfection practices;
    • Screening for signs and symptoms of infectious disease;
    • Reporting procedures related to signs and symptoms of infectious disease;
    • Notification processes due to infectious reportable infectious disease;
    • Characteristics and methods of transmission of infectious disease;
    • COVID-19 transmission risk by pre-symptomatic and asymptomatic individuals;
    • Safe and healthy work practices and infection control measures;
    • Supporting individuals to engage in mask wearing, social distancing, etc.;
    • Vaccine safety, efficacy, and access;
    • Set up and use of technology in providing remote service delivery or supporting individuals to connect with friends and family;
    • Remote monitoring;
    • Use of the Supports Coordinator Check-In for Well-Being Tool;
    • Engaging in meaningful conversations during check-ins;
    • SC Individual transition guide;
    • Transition discussion and resources video; and
    • Reviewing Centers for Disease Control (CDC) and state or local guidelines and trends.
  • Any component of a department-approved Medication Administration Course.

Licensed Providers may self-assess regulatory compliance using ODP’s Inspection Scoresheets or Provider Self-Assessment Forms. If a provider identifies areas of noncompliance while completing a self-assessment, provided those noncompliance areas have been corrected, licensing staff will not identify those areas as noncompliant. Violations identified and subsequently corrected through the self-assessment process will not be cited on a Licensing Inspection Summary.

Please contact the appropriate ODP Regional Program Office or the Department’s Regulatory Administration Unit with any questions about this guidance.

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