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Guidance

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The Centers for Medicare and Medicaid Services (CMS) recently issued their revised and final guidance on hospital co-location with other hospitals or health care facilities. The guidance provides clarification on how CMS and state surveyors will evaluate space and ‎service sharing arrangements for compliance with the Medicare conditions of participation (CoP). The guidance appears to loosen some restrictions relative to some past interpretations by ‎surveyors.

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Photo by Alena Shekhovtcova from Pexels

ODP Announcement 21-078 announces recent recommendations from the Centers for Disease Control and Prevention (CDC) about booster doses of COVID-19 vaccines. All three available vaccines, Pfizer, Moderna, and Janssen (Johnson & Johnson), now have available guidance regarding booster doses.

On Thursday, October 21, 2021, the CDC issued a recommendation for Moderna and Janssen booster doses for certain groups of individuals. This is in addition to the CDC’s earlier recommendation on September 24, 2021 for the Pfizer booster dose.

Eligible individuals are now able to schedule appointments and receive booster doses. The Office of Developmental Programs (ODP) will not be coordinating vaccine clinics for booster doses.

This announcement provides ODP’s expectations for residential providers, long-term care facilities, individuals and families. Questions about this announcement may be directed here.

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Message from the Department of Human Services (DHS):

Pursuant to Act 73 of 2021 (HB 1861), the suspension of various regulatory provisions under the state disaster emergency declaration that are currently in effect and which were set to expire on September 30, 2021, are now extended until further notice. A list of the regulations that were suspended in whole or in part and their current status is available at Suspended Regulations Lift.

In addition, some regulations were reinstated prior to September 30, 2021 and are not subject to Act 73 of 2021.

Please note that Act 73 of 2021 only affects state regulations that were suspended under the state disaster emergency declaration and were to be reinstated on September 30, 2021. Federal flexibilities provided through the federal public health emergency will remain in place as long as the federal public health emergency remains in effect. The U.S. Department of Health and Human Services (HHS) extended the federal public health emergency on July 19, 2021 to October 17, 2021 (90 days).

RCPA Policy Directors will be reviewing the regulatory status and provide additional guidance and information as it is communicated by the respective DHS Departments, including any special instructions on the reimplementation of any of the suspended regulations. If you have any additional questions, please contact your RCPA Policy Director or your DHS Licensing Office.

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ODP Announcement 21-063 serves to disseminate operating procedures and directions for the IM process for private ICFs as well as SCOs and County ID Programs serving individuals residing in a private ICF. The Office of Developmental Programs (ODP) has scheduled an ICF Task Force meeting to discuss this guidance and answer questions for September 15, 2021 from 2:00 pm–3:00 pm. Please register in advance for the ICF Task Force meeting.

During this meeting, ODP will also be providing private ICF stakeholders with timelines and information about the process to add incident management regulations into 55 PA. Code Chapter 6600.

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