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DHS

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On August 4, 2022, the Biden administration declared monkeypox a public health emergency. Since then, every state and Washington, D.C. has recorded cases of the virus. As of September 20, 2022, the CDC reported 24,203 total confirmed monkeypox cases in the United States. Of those cases, 3 percent, or 708 total, were reported in Pennsylvania.

To raise awareness of the epidemic, the Pennsylvania Department of Human Services approached the Jewish Healthcare Foundation’s Aging Team, which operates the State’s Learning Network, who coordinated just-in-time learning for all long-term care and community programs across Commonwealth. The PA Department of Human Services and PA Department of Health presented “Monkeypox: What You Need to Know” on August 31.

Visit here to view the webcast.

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Immediate Action Required for Regulatory Compliance – Please Read Carefully

The Department of Human Services (DHS) is providing a critical update to those providers who hold a license to operate a facility licensed by DHS. On August 18, 2022, DHS and RCPA released an alert regarding changes in how licensed agencies provide information related to civil rights compliance. Since that time, DHS has received several questions and is providing further clarification.

  1. When sending the CRC form or the CRC attestation form, please send it as a PDF. Please do NOT send as a secure file, secure email, or link to a secure portal to retrieve the document. We are unable to access those forms, and they will be returned. When emailing the forms for submission:
    1. Use the following naming convention in the subject line when submitting Renewal HS2125:
      • Attestation – Program Office – Name of Facility or Agency – License number or APP number if assigned
        • Examples:
          • Attestation – OCYF – Apple Agency Home – 123450
          • Attestation – ODP – Apple Agency – APP-00123456
    2. Use the following naming convention in the subject line when submitting a new application HS2126:
      • New – Program Office – Type of Service – Name of Facility or Agency
        • Examples:
          • New – BHSL  – PCH – Apple Personal Care Home
          • New – ODP – Life Sharing – Apple Agency – APP-00223456
  2. In the Office of Developmental Programs (ODP) and the Office Mental Health and Substance Abuse Services (OMHSAS), there are providers who have one license that cover multiple locations. In this case, you only need to submit one form (either the HS2125 or the HS2126) and list the addresses of each satellite site/location that falls under that license.
  3. If in the past, you completed the Civil Rights Compliance Questionnaire (CRCQ) annually, as part of the renewal license process, you will need to complete the Civil Rights Attestation (HS2125) when you receive your next notice to complete the renewal application process.
  4. If you have a current license, your CRC was approved. You will need to complete the Civil Rights Attestation (HS2125) when you receive your next notice to complete the renewal application process.
  5. For Assisted Living and Personal Care Home providers, when submitting the renewal application for a license, the renewal application, the renewal application fee, and the Attestation (HS2125) must be sent in hard copy in one envelope to Licensing Administration in Harrisburg, as noted on the cover letter of the renewal application packet.
  6. Please ensure that the “Non-Discrimination in Employment” policy statement and the “Non-Discrimination in Services” policy statement issued by your facility contain updated contact information (as indicated below). If this administrative update is the only change that has occurred since the facility’s last license was issued, it is not necessary to provide updated copies to the Department as part of Form HS 2125.

Commonwealth of Pennsylvania
Department of Human Services
BEO/Office of Civil Rights Compliance
Room 225, Health & Welfare Building
P.O. Box 2675 Harrisburg, PA 17120
Inquiries: (717) 787-1127
Email

Office for Civil Rights
U.S. Department of Health and Human Services Centralized Case Management Operations 200 Independence Avenue, S.W.
Room 509F HHH Bldg
Washington, D.C. 20201
Customer Response Center: (800) 368-1019 TDD: (800) 537-7697

U.S. Equal Employment Opportunity Commission
801 Market Street, Suite 1000
Philadelphia, PA 19107-3126
Inquiries: (800) 669-4000
Complaint Process Overview

Pennsylvania Human Relations Commission
333 Market Street, 8th Floor
Harrisburg, PA 17101
Inquiries: (717) 787-4410

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Message from the Department of Human Services (DHS):

Harrisburg, PA — Department of Labor & Industry (L&I) Secretary Jennifer Berrier and Department of Human Services (DHS) Acting Secretary Meg Snead today announced the Wolf Administration’s goal of using a $14 million federal grant to help Pennsylvanians with disabilities earning subminimum wage transition to competitive, integrated employment.

“Individuals with disabilities contribute their valuable skills, talents, time, energy and perspectives to Pennsylvania’s dynamic economy every day in professions and industries as diverse as our population. They deserve the same protections as all other workers, including the right to earn at least minimum wage for their work,” Secretary Berrier said. “The Wolf Administration will use this funding to help individuals with disabilities and their families learn about and take advantage of opportunities in competitive, integrated employment. There can and should be a role for everyone who wants to and is able to work, and we are grateful to those employers who have already committed to providing competitive, integrated employment.”

Pennsylvania is one of 14 states to receive grant awards from the federal Department of Education for the Subminimum Wage to Competitive Integrated Employment (SWTCIE) demonstration project. L&I’s Office of Vocational Rehabilitation (OVR) and DHS’s Office of Developmental Programs (ODP) will use the funding to develop a five-year plan to support Pennsylvanians with disabilities in transitioning out of subminimum-wage employment — including more than 5,400 people who currently work in “sheltered workshops,” most of whom have intellectual disabilities or autism — as well as students and youth with disabilities seeking to enter competitive, integrated employment (CIE).

“There can be an end to the subminimum wage exception for individuals with disabilities, but it is incumbent on all of us to make that happen. Workplaces should examine their policies to see which ones are outdated or intentionally or unintentionally discriminating against individuals with disabilities,” said Acting Secretary Snead. “Pennsylvanians with intellectual disabilities and autism are vital members of our society and of our workforces, and DHS is proud to support opportunities to help them find gainful competitive integrated employment. We are grateful to the federal government for this grant so we can continue this work.”

The practice of paying individuals with disabilities subminimum wage is legal under Section 14(c) of the Fair Labor Standards Act of 1938, a federal law. In September 2020, the U.S. Commission on Civil Rights called for an end to subminimum wage in a report, saying that the program has been “inconsistent with the civil rights protections to which people with disabilities are entitled.” To date, several states have, or are in the process of, ending subminimum wage for people with disabilities or are in the process of phasing it out.

The federal grant will fund Pennsylvania’s Integrated Vocational Engagement and Supports Team (InVEST) Project, a wraparound model for assisting individuals with disabilities — including those considering or currently engaged in employment at subminimum wage — their families and employers, to move from subminimum wage employment to competitive, integrated employment.

The project aligns with the commonwealth’s Employment First philosophical approach that CIE be the first and preferred option and will enhance the commonwealth’s existing network of community rehabilitation service providers by allocating additional resources for staff who will work directly with CIE employers proactively engaged in supporting employees with disabilities and creating a culture of accommodation for all employees. These employer liaisons and employment specialists will be embedded with CIE employers to support employees with disabilities, facilitate communication, create a smooth hiring process, and provide on-the-job supports to ensure success. An interdisciplinary and collaborative resource team will anticipate and respond to the SWTCIE participants’ employment-related needs.

The Wolf Administration encourages all employers to consider learning more about this topic and becoming involved in Employment First, which requires any group receiving public funding to ensure that employment is the main focus for education, training, or support services for anyone with a disability who is eligible to work. Employers can explore opportunities to enhance their workforce by hiring people with disabilities who are invaluable members of our communities, workforce, and economy.

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In February 2022, the Wolf Administration created the Abuse/Neglect Registry Taskforce to address a gap in protection created by having no systematic method for tracking perpetrators of abuse or neglect of adults with disabilities in the commonwealth.

Agencies that provide services to adults with disabilities currently do not have access to information related to substantiated abuse or neglect cases in which a prospective employee was the perpetrator. Adults with disabilities, including older Pennsylvanians, may experience avoidable harm when perpetrators of abuse and neglect are able to move from job to job without detection.

The Abuse/Neglect Registry Taskforce assembled and began meeting in March 2022. The Taskforce is comprised of a membership including: adults with disabilities; family members; protective services experts; Departments of Human Services, Health, Aging, and Education counsel, program, and protective services staff; provider association representatives; advocacy organization representatives; and the four Executive Directors from the Human Services Committees in the General Assembly.

The Taskforce was given the following objectives: outline desirable parameters for a registry, identify challenges for implementation, and provide recommendations for the adoption and implementation of an Abuse/Neglect Registry in Pennsylvania.

After several months of work on this project, the Taskforce has developed a draft proposal for the parameters of an Abuse/Neglect Registry for Pennsylvania. This draft is now being shared with the public for review and comment.

RCPA invites you to participate in a meeting to discuss the proposal and develop comments for the Taskforce to review. We will be meeting on Monday, October 17, 2022, from 1:00 pm – 2:00 pm. Please register here to attend this meeting. We also invite you to submit any comments to Carol Ferenz by close of business on October 17, 2022. Comments are due by the end of the day on October 18, 2022.

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On behalf of the Pennsylvania Long-Term Care Learning Network, the Jewish Healthcare Foundation invites you to join the next special population webinar on October 13, 2022.

Going Beyond “Great Job!” With Appreciation That Impacts Lives
This webinar will continue to follow this quarter’s education theme, addressing workforce challenges. We all share the same need to feel appreciated for our contributions, yet only 3 in 10 US employees strongly agree that in the last seven days they have received recognition or praise for doing good work (Gallup, 2017). Using an interactive exercise, this session will explore a different way of expressing appreciation that supports connection and wellbeing.

Please invite the following Special Population Team Members:

  • Nursing Home Administrators;
  • Directors of Nursing;
  • Nurse Managers;
  • Medical Directors;
  • Service Coordinator Supervisors; and
  • Human Resource Team Members.

VISIT HERE to register for this Zoom webinar scheduled on Thursday, October 13, at 2:00 pm.

You will need your National Provider Identifier (NPI) to register. (If you do not have one or do not know it, please enter 0 on the registration form)

REMINDER: If you have not already registered for the October 6, 2022, Nursing Facility Webinar: Protecting and Preserving our Workforce by Preventing Common Injuries, VISIT HERE.

The Learning Network is part of the Department of Human Services’ Quality Strategy for Nursing Facilities, offered as a collaboration of the Community HealthChoices Managed Care Organizations.

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The Department of Human Services (DHS) Office of Long-Term Living (OLTL) has announced the launch of the American Rescue Plan Act of 2021 (ARPA) Funding Reporting portal. The online portal will be available on September 30, 2022, for OLTL providers to submit costs associated with ARPA funding distributed in 2021 in order to comply with DHS reporting requirements.

Background: ARPA Funding Information 

In 2021, federal funding from ARPA was allocated by the General Assembly under Act 24 and enacted by Governor Wolf to provide funding to nursing facilities (NF), personal care homes (PCH), and assisted living residences (ALR). These ARPA funds should be used for COVID-19 relief for costs not otherwise reimbursed by federal, state, or other sources of funding.

In addition, ARPA provided a temporary 10 percent increase to the federal medical assistance percentage (FMAP) for certain Medicaid expenditures for home and community-based services (HCBS). The funding must be used to enhance, expand, or strengthen HCBS. OLTL outlined in its plan to the Centers for Medicare & Medicaid Services (CMS) initiatives to strengthen the workforce and assist Adult Day Services (ADS) providers. The OLTL ARPA plan directed funding to Personal Assistance Service (PAS), Community Integration (CI), and Residential Habilitation (Res Hab) providers to assist with recruitment and retention of direct care workers. The plan also directed additional funding to providers to strengthen ADS.

ARPA funding must be used for things such as sign-on bonuses, retention payments, COVID-19 related leave benefits and paid time off, vaccination incentives, and/or the purchase of personal protective equipment and testing supplies. Additionally, ADS providers can use the funding for retrofitting adult daily living centers, expenses to re-open the centers, and expenses to develop alternative models to provide ADS.

Additional detailed information about the distribution of the 2021 ARPA funding can be found on the DHS Long-Term Care Providers web page.

ARPA Funding Reporting Portal
Effective September 30, 2022, providers can access the portal and begin to report ARPA 2021 costs. Providers can access the portal through the Funding Portal Login web page. The first report due date will be November 30, 2022, and should reflect two reporting periods. Providers are required to submit reports in the portal on a bi-annual basis thereafter according to their exhaustion of the funds. Please reference the chart below.

Report Period 

Due Dates 

07/01/2021 – 12/31/2021

01/01/2022 – 06/30/2022

 11/30/2022
07/01/2022 – 12/31/2022 2/28/2023
 01/01/2023 – 6/30/2023 8/30/2023
 07/01/2023 – 12/31/2023 2/28/2024

Providers must keep all documentation related to the costs reported in the final cost report for a minimum of five years.

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The Pennsylvania Department of Health (DOH) and the Department of Human Services (DHS) recently released an announcement to personal care homes (PCH) regarding an opportunity to pursue additional support with infection prevention and control, COVID-19 response readiness, and other infectious disease preparedness at no cost.

DOH, in partnership with APIC Consulting Services, has developed a specially-tailored Infection Control and Response (ICAR) tool to assist a limited number of Personal Care Homes through an on-site assessment and consultation, development of improvement action plans, and numerous options for follow-up support.

Please see the announcement for details about pursuing this opportunity. Funding for the program is limited, and access to these services will be on a first come, first served basis. This program is not available to Assisted Living Residences or Personal Care Homes in Philadelphia County.

Questions can be sent electronically.

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On August 31, 2022, the Department of Human Services (DHS) Bureau of Human Services Licensing issued written guidance on the use of voice controlled electronic devices in personal care homes (PCH) and assisted living residences (ALR).

A webinar has been scheduled for October 7, 2022, at 11:00 am that will address the implementation of this written guidance, the responsibilities of PCH and ALR in implementing policies and procedures to ensure regulatory compliance, and the procedures that will be utilized by DHS staff while conducting licensing inspections. The webinar will be conducted by Jeanne Parisi, Bureau Director; Sheila Page, Operations Director; and Joshua Hoover, Training and Professional Development. To participate in this webinar, registration is required.

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