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Physical Disabilities & Aging

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This morning, Pennsylvania Department of Human Services Secretary, Teresa Miller, shared the following Office of Long-Term Living announcement:

Office of Long-Term Living Deputy Secretary Kevin Hancock’s last day at DHS will be Friday, June 12. Kevin has been an incredible leader and advocate at DHS, overseeing a major system transformation through the successful implementation of Community HealthChoices. CHC is both modernizing service delivery for people who rely on Medicaid for long-term services and supports and making the system more sustainable by creating more opportunity for innovation. This program’s initial successes are a testament to Kevin’s leadership and the dedication and skill of the entire OLTL team. CHC is a true success story, and I want to thank Kevin for everything he did to make this possible.

Jamie Buchenauer, who currently serves as Director of the Bureau of Fee-for-Service Programs in the Office of Medical Assistance Programs, will move into OLTL’s Deputy Secretary role on Monday, June 15. Jamie has held this position since August 2015 and has held numerous roles in state government at the Department of Health, the Pennsylvania Higher Education Assistance Agency, and the General Assembly and outside state government with the Hospital and Healthsystem Association of Pennsylvania and the Pennsylvania Chapter of the National Association of Social Workers.

Jamie brings a diverse experience both with DHS and other areas of health policy, and I am confident that she will continue to build on the strong foundation built by Kevin and the OLTL team.

I hope you will join me in welcoming Jamie to this new role and wishing Kevin luck!

Teresa

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The Department of Human Services (DHS) has released an FAQ/guidance on ACT 18 fingerprinting standards. The Act provides for a temporary suspension for the FBI Fingerprinting requirements in the Child Protective Services Law (CPSL).

The act covers both new and existing employees; however, RCPA strongly advises reviewing these standards with your leadership and Human Resources professionals, as they do not cover all positions required to obtain fingerprints, including new school employees. Additionally, there are stipulated requirements for obtaining fingerprints if you live in geographic regions with open Identogo fingerprinting sites, employee file documentation guidelines, as well as timeframes for the relief period.

To view the Act 18 guidance and FAQ, use this link. The document was created by DHS to provide guidance on Act 18 of 2020 and fingerprinting during the COVID-19 pandemic. This document is also available on the DHS website. If you have additional questions, please contact RCPA Children’s Division Director Jim Sharp.

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Today, May 13, 2020, the Frequently Asked Questions Document was updated and question #46 may be of great interest to our members who have PPP loans of under 2 million.

The Small Business Administration (SBA), in consultation with the Department of the Treasury, intends to provide timely additional guidance to address borrower and lender questions concerning the implementation of the Paycheck Protection Program (PPP), established by section 1102 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act). This document will be updated on a regular basis.

Borrowers and lenders may rely on the guidance provided in this document as SBA’s interpretation of the CARES Act and of the Paycheck Protection Program Interim Final Rules (“PPP Interim Final Rules”) (link). The U.S. government will not challenge lender PPP actions that conform to this guidance,1 and to the PPP Interim Final Rules and any subsequent rulemaking in effect at the time.

  1. Question: How will SBA review borrowers’ required good-faith certification concerning the necessity of their loan request?

Answer: When submitting a PPP application, all borrowers must certify in good faith that “[current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” SBA, in consultation with the Department of the Treasury, has determined that the following safe harbor will apply to SBA’s review of PPP loans with respect to this issue: Any borrower that, together with its affiliates,20 received PPP loans with an original principal amount of less than $2 million will be deemed to have made the required certification concerning the necessity of the loan request in good faith.

SBA has determined that this safe harbor is appropriate because borrowers with loans below this threshold are generally less likely to have had access to adequate sources of liquidity in the current economic environment than borrowers that obtained larger loans. This safe harbor will also promote economic certainty as PPP borrowers with more limited resources endeavor to retain and rehire employees. In addition, given the large volume of PPP loans, this approach will enable SBA to conserve its finite audit resources and focus its reviews on larger loans, where the compliance effort may yield higher returns.

Importantly, borrowers with loans greater than $2 million that do not satisfy this safe harbor may still have an adequate basis for making the required good-faith certification, based on their individual circumstances in light of the language of the certification and SBA guidance. SBA has previously stated that all PPP loans in excess of $2 million, and other PPP loans as appropriate, will be subject to review by SBA for compliance with program requirements set forth in the PPP Interim Final Rules and in the Borrower Application Form. If SBA determines in the course of its review that a borrower lacked an adequate basis for the required certification concerning the necessity of the loan request, SBA will seek repayment of the outstanding PPP loan balance and will inform the lender that the borrower is not eligible for loan forgiveness. If the borrower repays the loan after receiving notification from SBA, SBA will not pursue administrative enforcement or referrals to other agencies based on its determination with respect to the certification concerning necessity of the loan request. SBA’s determination concerning the certification regarding the necessity of the loan request will not affect SBA’s loan guarantee.21

20 For purposes of this safe harbor, a borrower must include its affiliates to the extent required under the interim final rule on affiliates, 85 FR 20817 (April 15, 2020).

21 Question 46 published May 13, 2020

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FOR IMMEDIATE RELEASE
May 13, 2020

Harrisburg, PA – The Department of Human Services (DHS) is reminding Pennsylvanians that while all county assistance offices (CAOs) statewide remain closed to the public, online services remain available.

CAOs in counties moving to the yellow phase will reopen following adjustments to facilities necessary to keep staff and clients safe. Pennsylvanians are encouraged to use DHS’ online applications and resources to apply for benefits or submit paperwork as necessary.

“DHS is continuing to connect eligible Pennsylvanians to the programs they need through our online services. No one should forego these services if they need them, and anyone who is struggling to make ends meet or needs assistance should know that help is available,” said DHS Secretary Teresa Miller. “While our CAOs are still closed to the public, we are still receiving and processing applications for our public assistance programs. Clients should take advantage of online resources like COMPASS and the myCOMPASS PA mobile app as counties begin to reopen to mitigate risk while we continue to face the threat of COVID-19.”

The following key services can be accessed online through COMPASS and the myCOMPASS PA mobile app without going into the CAO:

  • Apply for Medical Assistance, cash assistance, SNAP or LIHEAP (only on COMPASS)
  • Submit benefit renewal information
  • Review benefits and case record information
  • Report a change in case information
  • Upload verification documents

DHS administers public assistance programs that helps Pennsylvanians maintain access to health care, food, and other essential needs when people need extra help and during periods of economic uncertainty like what we currently face. Applications for benefits and renewals can be submitted online at www.compass.state.pa.us. Eligibility determinations, application processing, and benefit issuance will continue for Pennsylvanians in all counties while the CAOs are closed to the public. Clients who prefer to submit paper documentation can mail documents to their local CAO or leave documents in a CAO’s secure drop box, if available.

Clients in Philadelphia with questions, information to report about their case, or who need a paper application mailed to them should call the Philadelphia Customer Service Center at 215-560-7226. Clients in all other counties can call the Statewide Customer Service Center at 1-877-395-8930. Call volumes and wait times may be higher than usual, and we appreciate the public’s patience with the dedicated commonwealth employees working to assist clients under stressful circumstances.

DHS is continuing to process applications for SNAP throughout the public health crisis. All applications are reviewed for expedited service which can be issued in five days for eligible applicants. EBT payments are still scheduled to occur during the closure and activated EBT cards can still be used as usual at ATMs and in stores at point-of-sale machines if the client has a balance. Balance and transaction inquiries as well as EBT card replacement can be requested from DHS’s EBT contractor, Conduent, at 888-328-7366.

For Medicaid, contact the Pennsylvania Consumer Service Center at 1-866-550-4355 to apply over the phone. Pennsylvanians can also complete semi-annual renewals and check their benefit status through the myCOMPASS PA mobile app. Managed Care Organizations (MCO) providing Medicaid coverage will be available to address claims and coverage issues with clients, and Medicaid Access cards can still be used at participating medical facilities to obtain care.

Visit pa.gov for a “Responding to COVID-19” guide or the Pennsylvania Department of Health’s dedicated Coronavirus webpage for the most up-to-date information regarding COVID-19.

Guidance to DHS providers related to COVID-19 is available here.

MEDIA CONTACT: Erin James, ra-pwdhspressoffice@pa.gov

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From ACCSES:

Today is the day we have been waiting for, as the U.S. House of Representatives released the draft text of the $3 trillion dollar stimulus today. The bill is titled The Health and Economic Recovery Omnibus Emergency Solutions Act, or the HEROES Act.

This bill will begin in the House and then go to the Senate. The House has scheduled the vote for Friday, where it is likely to pass. There have been indications from the Senate and the White House that there is not as much interest in a fourth stimulus now as there had been a few weeks ago, so this bill is not expected to move as quickly as the prior stimulus bills.

This bill includes additional support for Home and Community-Based Services (Medicaid services begins at page 189), including increased pay and hazard pay for home health workers and direct support professionals, funding for PPE, increased FMAP, and funding for individuals who are waitlisted by states for HCBS services.

Nonprofit HCBS providers are included as organizations with which the State should engage on expanded services. This draft bill also contains a provision that would include nonprofits in the Main Street Lending Program (beginning at page 1063). It does not appear to include a provision protecting self-insured employers, but there is support for some further relief in both the Senate and House, so we will continue advocating for it.

We will break the bill down further this week, but here is a brief summary of the bill and the swirl of politics around it from CNBC. At 1,815 pages, this bill has many other provisions in it, including increased funding to the States, extensions of the additional $600 in unemployment compensation, another round of direct payments to individuals, voting rights protections (including for people with disabilities), and funding for the U.S. Postal Service.

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In an effort to provide temporary relief for individuals in need of FBI fingerprinting as part of the Child Protective Services Law, Governor Wolf has approved legislation — formerly HB 360 and now ACT 18 — that allows temporary fingerprinting flexibility where Identogo sites are not available. In a phone call today with the Office of Children, Youth and Families (OCYF) Planning Committee, it was discussed that OCYF expects to release the guidance this week with some noted limitations as outlined below.

Existing Employees – Have until December 31 to get fingerprints for those whose checks have expired since March 2020. Still need PSP and Child Abuse Checks completed.

For new employees, if you have not been a resident in PA within the past 10 years, you must also provide Child Abuse clearances from prior states of residence. New hires also sign a disclosure statement (attestation form).

New hires have until December 31, or 60 days from end date of state of emergency as directed by Governor Wolf, to get fingerprinting done. Individuals must still make reasonable efforts to complete checks at your local Identogo site if it is open.

Further direction and comment will be forthcoming from RCPA after the OCYF guidance is released. If your agency or staff are having difficulty in obtaining fingerprints, or if you are looking for Identogo mobile sites or resources, please contact RCPA Children’s Director Jim Sharp.

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On May 1, 2020, Governor Wolf announced that 24 counties from the northwest and north-central regions of Pennsylvania would be moving from red phase to yellow phase beginning Friday, May 8, 2020 as part of the Wolf administration’s process to reopen PA. This marks a reduction in some restrictions on work and social interactions. However, restrictions related to congregate care settings remain in place.

The following counties moved from red phase to yellow phase on May 8, 2020: Bradford, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, Lycoming, McKean, Mercer, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union, Venango, and Warren.

These counties were deemed ready to move to the yellow phase because of low per-capita case counts, the ability to conduct contact tracing and testing, and appropriate population density to contain community spread.

OLTL Services in Counties the Governor Declares in the Yellow Phase

Moving from the red phase to the yellow phase does not change any guidance that has been issued by OLTL or the Community HealthChoices (CHC) managed care organizations (MCO). All conditions outlined in the guidance noted below continue to apply to each provider category.

Home and Community-Based Services CHC Waiver Operational Guidance and the OBRA Waiver Operational Guidance including remote initial level of care assessments, Service Coordinator contacts, person-centered service plan development and provision of service.
Nursing Facilities

 

 Clarification Guidance for Pennsylvania Pre-Admission Screening Resident Review (PASRR), the Interim Guidance on Visitation in Nursing Facilities During COVID-19, and  Guidance for Infection Control and Prevention
Living Independence for the Elderly (LIFE) LIFE Provider Guidance Related to COVID-19
Assisted Living Residences and Personal Care Homes Interim Guidance on Visitation in Nursing Facilities During COVID-19,the Guidance for Infection Control and Prevention, the Guidance Suspending and Restricting License Requirements for Personal Care Homes and Assisted Living Residences, and Visitation Restrictions in Personal Care Homes and Assisted Living Residences

Providers are encouraged to continue to monitor the Department of Health (DOH) COVID-19 website for the most up-to-date DOH guidance on COVID-19, the Department of Human Services (DHS) COVID-19 website for the most up-to-date DHS guidance on COVID-19, and Governor Wolf’s website for responding to COVID-19 in Pennsylvania.

OLTL will continue to evaluate the steps necessary to address the Governor’s plan to reopen PA and communicate updated guidance as the situation evolves.

If you have questions about the information in this ListServ email, please contact the OLTL Provider Helpline at 800-932-0939.

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The Office of Medical Assistance Programs (OMAP) has released two separate guidances related to Medical Assistance Transportation Program (MATP) services during the Corona Pandemic. The purpose of these communications are to advise all county administrators, brokers, and all contracted transit agencies (collectively referred to as MATP agencies) of the precautions necessary to ensure safe provision of non-emergency medical transportation services to Medical Assistance beneficiaries while the Governor’s Proclamation of Disaster Emergency issued on March 6, 2020, remains in effect.

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