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Physical Disabilities & Aging

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Capitolwire: Gov. Wolf’s COVID-19 Disaster Emergency Declaration Will Come to an End Once PA Certifies the May 18 Primary Election Results

By Chris Comisac, Bureau Chief, Capitolwire

HARRISBURG (June 10) — Led mostly by the bodies’ Republican majorities, the state House of Representatives and Senate on Thursday approved a concurrent resolution to terminate Gov. Tom Wolf’s COVID-19 disaster emergency declaration.

Additionally, the General Assembly sent to the governor legislation that would to give executive agencies an extension, until Sept. 30 of this year, of the regulatory flexibility they have had under the governor’s COVID-19 disaster declaration for more than a year.

“The people of Pennsylvania have spoken and our members have turned their vote on May 18th into action by exercising the will of the people to immediately terminate the COVID-19 emergency disaster declaration,” said House Majority Leader Kerry Benninghoff, R-Centre, author of House Resolution 106. “With Pennsylvania rapidly returning to normal thanks to a legislative-led vaccine rollout and the need to keep our economy on a track to vigorously reopen, we did not want to wait a minute longer to terminate this emergency disaster declaration that has been responsible for so much economic devastation over the last 16 months.”

Republicans noted Wolf has already lifted nearly all of his mitigation orders, with the masking mandate to end before the end of June, while vaccination rates continue to climb as COVID-19 case numbers and hospitalizations have been dropping dramatically for several weeks – all suggesting the emergency has passed, and it’s now time for the General Assembly and governor to work together to address matters going forward.

The resolution was amended both Wednesday evening and then again Thursday morning (a technical fix to the measure) by the Senate prior to that chamber’s vote later Thursday morning, a 30-20 tally that saw one Democrat – Sen. Lisa Boscola, D-Northampton – join the Senate’s Republicans and Sen. John Yudichak, I-Luzerne, in adopting the concurrent resolution.

In a statement issued following the vote, Senate Majority Leader Kim Ward, R-Westmoreland, said: “Delivering on its promise to the people of Pennsylvania who voted ‘Yes’ on the ballots in the primary election, the Senate officially voted today to end the COVID-19 pandemic emergency declaration. A collective effort by the legislative and executive branches resulted in actions that terminated the current emergency declaration while preserving the health and safety of Pennsylvanians. The extension of waivers provides health care and economic flexibilities to protect Pennsylvania families, especially our elderly and vulnerable populations, while ending the most stringent and unnecessary restrictions still in place since the onset of the COVID-19 pandemic. This vote restores liberty by helping to reinstitute legislative powers throughout times of an emergency by giving the general assembly a seat at the table. Pennsylvanians deserve a government that works for them, and the senate looks forward to continuing to do its part to lead this effort and in the best interest of all Pennsylvanians.”

Senate Democrats, as they did Wednesday evening in committee when considering HR106, questioned the authority by which senators were voting on the resolution when the state has yet to certify the results of the May 18 primary which saw voters approve two constitutional amendments limiting some of the governor’s disaster declaration power and giving the General Assembly the ability to terminate a declaration by majority vote on a concurrent resolution by both chambers.

The results have yet to be certified by the Pennsylvania Department of State, but GOP lawmakers noted that would likely occur during the next few days, since counties had until this past Monday to certify their results to the state agency.

Concerns about the future of programs and services that have been delivered by use of executive order under the authority of the COVID-19 disaster declaration, as well as federal funding providing those services and benefits to Pennsylvanians, were likewise expressed by Democrats who claimed the emergency isn’t over, people are still suffering and it remains unknown if the COVID-19 situation could worsen as it did last year.

Some House Democrats attempted to minimize the importance or meaning of the HR106 vote – which saw eight House Democrats join all House Republicans in adopting the measure 121-81 – with House Minority Whip Jordan Harris, D-Philadelphia, repeatedly saying during his floor remarks before the vote, “This resolution does absolutely nothing.”

And Bill Patton, press secretary for House Minority Leader Joanna McClinton, D-Philadelphia, sent an email to members of the press suggesting that as reporters write about the HR106 vote, “if you happen to reference the May 18 vote on statewide ballot questions 1 and 2 please know that neither one got more than 52% approval (51.7 and 51.8 to be more precise). Slightly higher numbers were reported early on when the counting was incomplete but the latest tally is available here [Pennsylvania Elections – Summary Results (pa.gov)]. While there’s no question about the outcome on May 18, the numbers do still carry some weight. Also please bear in mind these numbers have not yet been certified.”

A source who wished to remain anonymous reacted to the comments about the constitutional amendment vote totals by pointing out President Joe Biden only received 51.3 percent of the national popular vote in the 2020 presidential election, and only 50.01 percent of Pennsylvania’s vote – with both percentages less than what was cast for the constitutional amendments on May 18 (and a slightly greater percentage opposed to Biden in Pennsylvania than those opposed to the ballot questions) – but Biden still won Pennsylvania and he’s still president.

Responding to the floor remarks of Harris and other House Democrats, Benninghoff observed during his closing remarks prior to the HR106 vote, “I think there is a little merit to wondering, at least on my part, why people have spent so much time and energy dialoging about something they say means nothing – how do you fight so much about something that means nothing? It has to mean something.”

The General Assembly’s actions seemed to mean something to the governor and his administration.

“Over the last few weeks the administration has worked hard to educate and inform the general assembly of the risks associated with ending the Covid disaster declaration prematurely,” said Wolf spokeswoman Lyndsay Kensinger in an email reacting to Thursday’s votes. “The governor is disappointed that the Republican-controlled General Assembly has not taken action to extend the disaster declaration. To avoid serious consequences, the administration will do everything it can to work with the federal government to try to maintain federal funding in the absence of a declaration. Now, when the election is certified, and the constitutional amendments become effective, the COVID-19 disaster declaration will be terminated.”

However, Kensinger said the administration welcomed the General Assembly keeping the various COVID-19 waivers put in place by his administration.

“The administration appreciates that the General Assembly agreed with the administration’s recommendations on the significance of keeping the important regulatory suspensions associated with Covid disaster declaration provisions in place,” said Kensinger. “The governor plans to sign the bill.”

The bill in question – House Bill 854 – was unanimously approved by lawmakers in both chambers Thursday, and grants an extension, until Sept. 30, 2021, existing regulatory flexibilities authorized by various executive agencies as part of the COVID-19 disaster declaration.

“Over the past 16 months, Pennsylvania’s regulatory framework has been upended,” said Benninghoff. “As our economy continues to emerge from the effects of government-induced shutdowns and our health care community continues to be reliant on existing flexibilities, I was glad to see both chambers quickly come together to effectively manage the remaining days of the pandemic.”

Regarding HB854, Sen. Yudichak said the bill “protects access to critical federal funding and waivers that benefit health and safety, such as the emergency authorization of telemedicine, temporary staffing at nursing homes and personal care homes, and other staffing issues in health care facilities.

Added Sen. Ryan Aument, R-Lancaster: “While many of the provisions in the Governor’s COVID-19 mitigation orders were overburdensome, arbitrary, and unfair, there were some provisions like the telemedicine waiver that we all agree have improved the lives of Pennsylvanians throughout the last year. We voted today to ensure that these provisions remain in place as our Commonwealth continues to recover and rebuild in the aftermath of this pandemic.”

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Please find the agenda for the CHC Partnership Meeting that is scheduled for June 23, 2021, from 10:00 am–12:00 pm.

During the meeting we will:

  • Provide training on Hoarding
  • Discussing collaboration between providers and the Managed Care Organizations (MCOs)
  • Provide information on Behavioral Health services available through the Behavioral Health Managed Care Organizations to individuals in Nursing Facilities

We are excited to see you at the CHC Partnership Meeting.

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By Robert Swift, Staff Writer, Capitolwire

HARRISBURG (June 9) – A Senate-passed bill to expand eligibility for a medical assistance program for working individuals with disabilities was approved unanimously Wednesday by the House Health Committee.

Members from both parties call Senate Bill 156 a bipartisan bill.

SB156 which now heads to a floor vote would increase the income eligibility limit from $32,000 to $76,000 annually so more individuals are eligible for the Medical Assistance for Workers with Disabilities (MAWD) program.

This would cover newcomers to the program and those defined as a “worker with job success” being age 16 an older, earning at least the minimum wage and meeting federal poverty income guidelines.

MAWD provides disabled workers access to home and community-based services that are important to them, but typically aren’t covered by private insurance.

The worker pays a percentage portion of their income to MAWD to cover health care.

Under SB156 sponsored by Sen. Bob Mensch, R-Lehigh, workers with the job success designation will pay 7.5 percent of their income to cover health care, a 2.5 percent increase above the current rate.

The bill would allow individuals to work to their full potential without fear of losing health benefits, said Mensch. Only 35 percent of people with disabilities are working with only 21 percent of that category working full-time, he added.

Increasing the income limit will improve the quality of life for the disabled, said Rep. Kate Klunk, R-York, sponsor of the related House Bill 1115 and of a previous bill that passed the House last session.

If SB156 is enacted, MAWD enrollment will increase by more than 1,000 individuals, according to a state Department of Human Services estimate. This is based on the number of MAWD recipients disenrolled due to being over income limits.

A Senate Appropriations Committee fiscal note estimates SB156 would cost $9.7 million with $4.6 million coming from state funds.

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RCPA’s Jim Sharp, Rep. Schlegel Culver, and Rep. Mehaffie received awards

HARRISBURG (June 9, 2021) — The Rehabilitation and Community Providers Association (RCPA) congratulates the recipients of the ABA in PA Initiative’s 2021 award recipients. The ABA in PA Initiative is a nonprofit advocacy organization dedicated to changing the future for all children in Pennsylvania with Autism Spectrum Disorder (ASD) by ensuring access to Applied Behavior Analysis (ABA) therapy via Medical Assistance. Each year, the organization recognizes several individuals who have gone above and beyond for the autism and special needs children’s community. The 2021 award recipients include distinguished legislative advocates as well as the director of RCPA’s Children’s Division.

The ABA in PA Initiative today recognized the following award recipients:

  • RCPA Children’s Division Director Jim Sharp received the Pioneer and Key Collaborator Award;
  • Representative Lynda Schlegel Culver (R–Northumberland) received the Advocate for Excellence Award; and
  • Representative Thomas L. Mehaffie III (R–Dauphin) received the Champion for Behavior Analysts of Pennsylvania Award.

You can view the full press release here.

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Photo by Headway on Unsplash

SAVE THE DATE for the next OMHSAS stakeholder meeting, scheduled for Tuesday, June 15, 2021 from 3:00 pm–4:00 pm. This webinar will be directed to providers, provider affiliates and associations, and consumers, family members, and advocate stakeholders. The next webinar for counties and county affiliates is scheduled for Friday, June 11, 2021 from 1:00 pm–2:00 pm. We ask stakeholders to join in only one monthly meeting, the meeting which would best suit their interests.

If you have suggestions for agenda topics, please submit them via email to OMHSAS. We will monitor the account and will reply to the sender if more information is required. Please be advised that responses will not be provided if additional information is not needed.

Please register for the OMHSAS Provider/Provider Affiliate/Advocate Stakeholder Meeting on June 15, 2021 at 3:00 PM EDT.

After registering, you will receive a confirmation email containing information about joining the webinar. If you have any questions, please contact your RCPA Policy Director.

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Harrisburg, PA – The Pennsylvania Department of Human Services (DHS) today released the latest issue of the Positive Approaches Journal, which aims to provide the most recent research and resources for people with mental health and behavioral challenges, intellectual disabilities, autism, and other developmental disabilities to live an everyday life. This edition focuses on sexuality and connectedness.

“Part of DHS’ mission is to ensure that people, regardless of disability, have the resources and information they need to live an everyday life. But too often, people with intellectual and developmental disabilities do not receive the support or education they need to be safe and healthy while exploring and experiencing social connections and sexuality,” said Acting DHS Secretary Meg Snead. “We hope that this edition of the Positive Approaches Journal will provide some of those resources and will chip away at myths and misconceptions about socialization and sexuality within the disability community.”

This edition features research and articles on the following:

  • Embracing Inclusion: Prioritizing LGBTQIA+ Inclusion for People with Intellectual and Developmental Disabilities: This article outlines the barriers and lack of supports that LGBTQIA+ people with disabilities face and emphasizes the importance of recognizing the needs of people who live at the intersection of these two identities.
  • Responding to the Victimization of Individuals with Intellectual Disabilities and Autism: This article details how sexual education and resources for people with disabilities can improve relationships and reduce the risk of victimization.
  • Detangling Sexuality Information: Misinformation, Confusion or Hope: This article outlines the importance of comprehensive sexual education, as lack of such education can create a dangerous lack of understanding of consequences and a misinterpretation of sexual nuances.
  • Approaching Sexuality in Service Spaces: An Invitation to Deeper Inquiry: This article explores ways both behavioral health providers and clients can express vulnerability in discussing sexuality and the sensitivities that surround it.
  • Building a Socially Fulfilling Life with a Mental Health Diagnosis: A Firsthand Perspective: A Certified Peer Specialist’s personal story of how helping others in managing their mental health was a crucial part of understanding social needs and their own recovery.
  • Social Skills for the “Real World”: Lessons Learned from the Autism Services, Education, Resources and Training (ASERT) Social Skills Groups: This article highlights research on effective social skills intervention methods to help caretakers address identified challenges for those with Autism Spectrum Disorder.

The journal is a collaboration of DHS’ Office of Developmental Programs and Office of Mental Health and Substance Abuse Services and collects resources, observations, and advancements in mental and behavioral health in order to better serve people with dual diagnoses in their communities.

Read this edition of the Positive Approaches Journal.

For more information visit DHS’ website.

MEDIA CONTACT: Erin James

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