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Tags Posts tagged with "DDAP"

DDAP

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The House Human Services Committee passed three key bills today.

House Bills 1561 and 1563 were passed unanimously out of committee. Both bills will align Pennsylvania’s confidentiality laws with federal laws. HB 1563 will effectively eliminate 4 Pa. Code § 255.5. The full House is scheduled to consider both bills tomorrow. RCPA supports both bills.

In addition, House Bill 1995 passed out of committee on a 15-10 party-line vote in which no Democrats voted for the bill. The bill would require the Department of Drug and Alcohol Programs (DDAP) to promulgate regulations in instances where DDAP is implementing new or additional licensing requirements for drug and alcohol providers; new or additional drug and alcohol staff credentialing requirements; new or additional drug and alcohol counselor staffing ratios; and new or major programmatic changes and requirements imposed on drug and alcohol facilities. HB 1995 was drafted in response to requirements that go well beyond ASAM Criteria and are being implemented by DDAP as part of its transition to the ASAM Criteria.

RCPA supports the commonwealth’s transition to ASAM Criteria but does not support the overreaching Pennsylvania-specific mandates. RCPA today issued a press release supporting HB 1995.

In a related matter, on Thursday, October 28, the Commonwealth Court of Pennsylvania will hear the Drug and Alcohol Service Providers Organization of Pennsylvania’s (DASPOP’s) lawsuit against DDAP and the Department of Human Service in its bid to stop the ASAM transition.

Contact Jason Snyder, Director of RCPA’s Drug and Alcohol Division, with any questions.

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Rep. Carrie Lewis DelRosso introduced legislation yesterday that would require the Department of Drug and Alcohol Programs to promulgate regulations in any of the following instances that affect licensed drug and alcohol treatment providers:

  • The implementation of new or additional licensing requirements for drug and alcohol facilities;
  • The implementation of new or additional drug and alcohol staff credentialing requirements;
  • The implementation of new or additional drug and alcohol counselor staffing ratios; and
  • The implementation of new or major programmatic changes and requirements imposed on drug and alcohol facilities, including the requirement of adding programs that significantly increase the cost of delivering care and meeting staffing requirements.

The legislation includes any proposed regulatory requirement not currently in effect or any regulatory requirement that the General Assembly has delayed through legislation, meaning the PA-specific requirements of the ASAM transition could not be implemented until approved through a regulatory review process.

The House Human Services Committee is scheduled to vote on the bill Tuesday, October 26. Rep. Frank Farry, Chairman of the Committee, is a co-sponsor of the bill.

If the bill becomes law before January 1, it would bring much needed relief to a treatment system already struggling with major workforce issues and chronic underfunding.

Contact Jason Snyder, Director of RCPA’s Drug and Alcohol Division, with any questions.

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The Department of Drug and Alcohol Programs (DDAP), in partnership with Shatterproof, will be implementing the ATLAS® (Addiction Treatment Locator, Analysis, and Standards) platform in Pennsylvania over the coming months. This free, multistate, web-based platform will help ensure that Pennsylvanians are able to quickly and easily access addiction treatment resources and information that meets their individual needs. Shatterproof will be contacting providers later this month with instructions for the completion of the Treatment Data Survey. Provider participation in ATLAS is not mandatory.

For more information about the ATLAS implementation, including dates for ATLAS Provider Roundtable Webinars, please read DDAP’s letter.

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On Friday, October 1, the Department of Drug and Alcohol Programs (DDAP) resubmitted to the Independent Regulatory Review Commission (IRRC) its Final-Omitted Regulations on Standards for Drug and Alcohol Recovery House Licensure, as well as its response to IRRC’s disapproval order of Aug. 24, 2021.

The regulations are publicly available on IRRC’s website.

The submitted regulatory package includes the updated regulations (p. 98–129), as well as:

  • a regulatory analysis (p. 1–12);
  • IRRC’s disapproval order (p. 86–92);
  • DDAP’s response to IRRC’s disapproval order (p. 93–97);
  • a preamble that includes public comments and DDAP’s response to comments (p. 48–85);
  • a sample recovery house licensing application (p. 13–14);
  • a sample recovery house licensing checklist (p. 15–22); and
  • additional DDAP forms (p. 23–35), as well as a description of forms that must be provided by the recovery house (p. 36–46).

The above linked documents reflect the changes made to the regulations since DDAP appeared at IRRC’s public meeting in July. The revised regulations are scheduled to be considered at IRRC’s next public meeting on Thursday, October 21.

Upcoming Timeline:

  • DDAP expects that the new regulations will be in effect by October 2021.
  • DDAP expects to require compliance with the new regulations by April 2022.

Which Recovery Houses Will Need a License?

Once the new licensing program is in place, drug and alcohol recovery houses must have a license to:

  1. Receive referrals from state agencies or state-funded facilities; or
  2. Receive federal or state funding to deliver recovery house services.

In addition, the law imposes two additional requirements on referrals to recovery houses:

  1. People whose treatment is funded with state or federal funds shall only to be referred to licensed recovery houses.
  2. Courts shall give first consideration to licensed recovery houses when residential recommendations are made for individuals under their supervision.

Additional information on drug and alcohol recovery house licensing can be found here.

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The Department of Drug and Alcohol Programs (DDAP) sent out guidance on June 14, 2021 regarding three temporary regulatory suspensions granted by the governor’s declaration of a disaster emergency due to the coronavirus pandemic. House Bill 1861, which was signed into law today by Governor Wolf, further extends those regulatory suspensions from September 30, 2021 until March 31, 2022 unless terminated sooner. In addition to the suspensions noted in DDAP’s previous communication, one additional regulatory suspension from the Department of State, also relevant to the field, is added to the chart below and also suspended until March 31, 2022.

Statute/Regulation Statute/Regulation Purpose Waiver benefit/explanation
28 Pa. Code § 715.16(e) Prohibits narcotic treatment programs (NTPs–methadone clinics) from permitting a patient to receive more than a 2-week take-home supply of medication. In response to COVID-19, SAMHSA is allowing up to 28 days of take-home medications for patients on stable dosages, if the physician deems appropriate.
28 Pa. Code § 715.9(a)(4) Requires NTPs to make a face-to-face determination before admission to treatment, for those clients who will receive buprenorphine treatment. In response to COVID-19, SAMHSA is allowing initial evaluations for a patient who will be treated with buprenorphine to be completed via telehealth.
28 Pa. Code § 715.6(d) Requires NTPs to have narcotic treatment physician services onsite. In response to COVID-19, SAMHSA is allowing initial evaluations for a patient who will be treated with buprenorphine to be completed via telehealth.
49 Pa. Code § 16.92(b)(1)

(Department of State)

 Before a patient can be prescribed any controlled substance in Pennsylvania, a person licensed to practice medicine and surgery in the commonwealth, or otherwise licensed or regulated by the State Board of Medicine, must take an initial medical history and conduct an initial physical examination,

unless emergency circumstances justify otherwise.

 In response to COVID-19, the Department of State suspended the initial medical history and physical examination requirement specifically for the treatment of opioid-use disorder with buprenorphine.

Please email the Bureau of Program Licensure or call (717) 783-8675 with questions.

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The Pennsylvania Department of Drug and Alcohol Programs (DDAP), along with partners from other state agencies and treatment providers across the continuum, is beginning a monthly ASAM technical assistance series. Each month, DDAP and its partners will present up-to-date information regarding ASAM alignment or will provide training on a specific topic related to ASAM alignment. This is a time-limited series running monthly from October 2021 to October 2022 with the purpose of providing resources, training, and information to support providers with ASAM alignment across all levels of care.

More information, including dates, times, and other frequently asked questions, is available here.

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DDAP today issued a new licensing alert and information bulletin, both pertaining to emergency contact notifications. Licensing Alert 02-21 outlines requirements that inpatient drug and alcohol treatment facilities must follow per Act 41 of 2021 regarding notification of emergency contacts when patients leave treatment against medical advice. Information Bulletin 03-21 outlines requirements that recovery houses must follow per Act 35 of 2021 regarding notification of emergency contacts when residents self-discharge from or leave and fail to return when expected to the house.

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The Pennsylvania Department of Drug and Alcohol Programs (DDAP) today announced findings from a new report highlighting the need to update existing client record policies to address barriers for individuals seeking substance use disorder (SUD) treatment and better integrate the drug and alcohol treatment system with other healthcare services.

The recommendations outlined in this report suggest a shift in Pennsylvania’s approach to confidentiality of SUD records. DDAP plans to work with the legislature to implement the following three recommendations:

  • Align Pennsylvania SUD confidentiality regulations with federal regulatory language contained in 42 CFR Part 2;
  • Develop resources, including informed consent trainings, on client privacy rights to ensure that all individuals who enter SUD treatment in Pennsylvania are informed of their rights over their own records; and
  • Create an ombudsman or advocate position at the state level to empower individuals to report grievances if they think their data has been misused or if they feel their SUD status has resulted in discrimination.

Throughout 2020, DDAP conducted a stakeholder survey in partnership with Vital Strategies for feedback on statutes and regulations that control the management of SUD records in Pennsylvania. The new report and findings offer potential pathways for updating Pennsylvania’s SUD confidentiality policies to meet the needs of an evolving SUD service landscape that is becoming increasingly more integrated and collaborative.

Read the full press release.

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The Drug & Alcohol Service Providers Organization of Pennsylvania (DASPOP) has sued the Department of Drug and Alcohol Programs (DDAP) and the Department of Human Services (DHS) in the Commonwealth Court of Pennsylvania, calling DDAP’s and DHS’s transition to ASAM from the Pennsylvania Client Placement Criteria (PCPC) unlawful and unconstitutional. DASPOP is seeking injunctive relief that prevents DDAP and DHS from enforcing or moving forward with the ASAM alignment and other aspects of the ASAM transition until the formal regulatory review process required by Pennsylvania law has been completed.

Further, the lawsuit asks the court to declare that DHS, as administrator of Pennsylvania’s Medical Assistance program, is required to use PCPC in making addiction treatment placement, continued stay, and discharge decisions, and to prohibit DHS from using or requiring the use of ASAM Criteria 3rd Edition.

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