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ODP Announcement 22-100 is to announce the release of the Home and Community-Based Services Rule and Pennsylvania’s Statewide Transition plan webcast. The recording of this presentation is now available.

Pennsylvania’s Final Statewide Transition Plan and information about how to provide public comment, including during webinars specific to the Office of Child Development and Early Learning, Office of Developmental Programs, and Office of Long-Term Living, are available at the DHS website.

Friday, September 23 | 2:00 pm ET
Register for the webinar.

The Home and Community-Based Services (HCBS) Settings Rule can improve community-based services and supports for people with disabilities and older adults for decades to come. A key requirement of the Settings Rule is that states hear from people with disabilities and older adults about how the state can best implement the rule.

The Administration for Community Living (ACL) is hosting this webinar to provide participants with an opportunity to learn when and how to invite and/or provide feedback on state efforts to comply with the rule. Presenters will share key dates, strategies, and examples of how powerful the voices of people with lived experiences can be in creating more opportunities for choice and control in service delivery and advancing the quality of services.

Live captioning will be provided. A video replay and transcript will be made available following the event.

Contact Shawn Terrell with questions.

On August 22, 2022, the Department of Human Services (DHS) announced the availability of Pennsylvania’s Final Statewide Transition Plan (STP) for the Home and Community-Based Services (HCBS) Rule for a 30-day public comment period. The announcement contained plans for DHS to record a presentation providing a general overview of the HCBS Rule and Pennsylvania’s Final Statewide Transition Plan to prepare stakeholders for public comment. The recording of this presentation is now available on the Home and Community-Based Services Statewide Transition Plan web page.

Pennsylvania’s Final Statewide Transition Plan and information about how to provide public comment, including during webinars specific to the Office of Child Development and Early Learning, Office of Developmental Programs, and Office of Long-Term Living, are also available on the HCBS STP web page.

Photo by Kelly Sikkema on Unsplash

RCPA, along with 285 disability service providers and associations representing disability service providers, signed onto a letter from ANCOR thanking Senator Casey for his advocacy on behalf of individuals with disabilities in the past year.

The letter states, “Thank you for your steadfast leadership in supporting the Medicaid Home and Community-Based Services (HCBS) program, which enables individuals with intellectual and developmental disabilities (I/DD) to live full and independent lives in their communities.

Thank you for being a sponsor and champion of the Better Care Better Jobs Act, which would strengthen the HCBS program and address a decades-long direct care workforce crisis that has been exacerbated by the COVID-19 pandemic, and for shining a light on the importance of home-based services through a hearing in the Senate Aging Committee this past March.

We especially appreciate your relentless efforts to include the Better Care Better Jobs Act as part of the budget reconciliation bill. Although an investment in HCBS was not ultimately included in the Inflation Reduction Act, we know that time and again you pressed Senate leadership and your fellow colleagues to support people with I/DD through inclusion of HCBS funding.”

The full letter can be accessed here.

ADvancing States and our partners with the ARPA HCBS Technical Assistance Collective are proud to release two papers that provide information about state efforts and activities under their American Rescue Plan Act (ARPA) HCBS spending plans. Through the generous support of The SCAN Foundation, The John A. Hartford Foundation, The Milbank Memorial Fund, and Arnold Ventures, the TA Collective operated two Affinity Groups (AG) to support states, facilitate information exchange, and share innovations, promising practices, and other strategies to expand and enhance their HCBS programs.

One AG focused on HCBS Workforce Shortages and state efforts to increase worker compensation and to improve training and education activities, while the other AG was dedicated to incorporating enabling technology into state HCBS programs. Each paper provides an overview of the issue, a summary of the discussions and ideas presented, examples of state innovations, and a discussion of future activities, challenges, and considerations as states continue to address these issues.

Visit here to read more.

ODP Announcement 22-092 announces that the Department of Human Services (Department) is accepting comments on Pennsylvania’s Final Statewide Transition Plan (STP) for Home and Community-Based Services, which can be accessed here. Comments received by 11:59 pm on September 22, 2022, will be reviewed and considered for revisions to Pennsylvania’s Final STP that will be submitted to the Centers for Medicare and Medicaid Services (CMS).

A webinar specific to STP Information for the Office of Developmental Programs (ODP) will be held on September 8, 2022, from 10:00 am – 12:00 pm. Please register for the webinar.

Stakeholders may provide public comment through one of the following methods:

  1. Electronic comments submitted via email. Stakeholders are asked to use the subject header “PA Final STP” when submitting comments.
  2. Written comments submitted via mail: Department of Human Services, Office of the Secretary, P. O. Box 2675, Harrisburg, PA 17105-2675.
  3. Verbal and written comments during public comment webinars.

The Department of Human Services (DHS) announced they will be accepting comments on Pennsylvania’s Final Statewide Transition Plan (STP) for Home and Community-Based Services (HCBS). This plan applies to Medicaid Waivers under the Office of Long-Term Living (OLTL), Office of Developmental Programs (ODP), and Office of Child Development & Early Learning (OCDEL). The notice is below and includes additional information about upcoming webinars.

HCBS Settings Rule – Background

CMS published the HCBS Rule, which amends the Medicaid regulations for HCBS waivers under section 1915(c) of the Social Security Act. The HCBS Rule supports enhanced quality of programs and services and adds protections for individuals receiving services. The HCBS Rule reflects CMS’ intent to ensure all individuals receiving services and supports through Medicaid waivers have full access to the benefits of community living, including receiving services in the most integrated setting. The HCBS Rule includes a provision requiring states to develop a transition plan to ensure that services will meet federal requirements by March 2023.

Statewide Transition Plan

The Department received initial approval of its STP on August 30, 2016, which can be accessed at the Department’s HCBS Stakeholder Waiver and Planning Team web page.

To receive final approval of Pennsylvania’s STP, the Department is required to complete the following remaining steps and submit an updated STP with this information included:

  • Complete a thorough, comprehensive site-specific assessment of all HCBS settings, implement necessary strategies for validating the assessment results, and include the outcomes of this assessment within the STP;
  • Draft remediation strategies and a corresponding timeline that will resolve issues that the site-specific settings assessment process and subsequent validation strategies uncovered by the end of the HCBS rule transition period (March 17, 2023);
  • Outline a detailed plan for identifying settings that are presumed to have institutional characteristics, including qualities that isolate HCBS beneficiaries, as well as the proposed process for evaluating these settings and preparing for submission to CMS for review under heightened scrutiny;
  • Develop a process for communicating with beneficiaries that are currently receiving services in settings that the state has determined cannot or will not come into compliance with the HCBS settings rule by March 17, 2023; and
  • Establish ongoing monitoring and quality assurance processes that will ensure all settings providing HCBS continue to remain fully compliant with the rule in the future.

This information is included in Pennsylvania’s Final STP for public comment. A presentation providing a general overview of the HCBS Rule and Pennsylvania’s Final STP will be recorded by the Department and posted by the end of August to prepare stakeholders for public comment. Information about where to access the presentation will be published when it is available.

As outlined in the public comment section below, the Office of Child Development and Early Learning (OCDEL), Office of Developmental Programs (ODP), and Office of Long-Term Living (OLTL) will each hold webinars to go over information in Pennsylvania’s STP that is specific to their waivers and programs. Public comment will be accepted during each of these webinars.

Public Comment

Pennsylvania’s Final STP is available for a 30-day public comment period at the Department’s HCBS STP web page. Comments will be accepted no later than 11:59 pm on September 22, 2022. Stakeholders may provide public comment through one of the following methods:

  1. Electronic comments submitted via email
    1. Stakeholders are asked to use the subject header “PA Final STP” and submit comments to this mailbox.
  2. Written comments submitted via mail
    1. Mailing address: Department of Human Services, Office of the Secretary, P. O. Box 2675, Harrisburg, PA 17105-2675.
  3. Verbal and written comments during public comment webinars
    1. The following dates and times below are for stakeholders to participate in the public comment webinars:
      1. Webinar Specific to STP Information for OCDEL
        September 12, 2022
        9:00 am – 10:00 am
        Please register for the webinar via email.
      2. Webinars Specific to STP Information for ODP
        September 8, 2022
        10:00 am – 12:00 pm
        Please register for the webinar.
        September 12, 2022
        1:00 pm – 3:00 pm
        Please register for the webinar.
      3. Webinar Specific to STP Information for OLTL
        September 15, 2022
        2:00 pm – 3:00 pm
        Please register for the webinar.

When submitting electronic or written comments, it is recommended that you include the following information:

  • The page number or Appendix where the information you are commenting on is located; and
  • Which office (OCDEL, ODP, or OLTL) the comment applies to, if applicable.

ODP Announcement 22-088 reports that ODP is seeking public comment on the proposed initiatives specific to programs and services for individuals with an intellectual disability and/or autism (ID/A) for which ARPA funds will be used.

ARPA provides a temporary 10% 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 beyond what is available under Medicaid programs, including ODP’s waivers.

ODP is proposing additional initiatives in the following areas:

  • Data Management Enhancements;
  • Targeted Program Recovery; and
  • Expansion Supplemental Payments.

Interested persons are invited to submit written comments regarding the proposed ODP ARPA initiatives. Comments should be addressed to: Department of Human Services, Office of Developmental Programs, Division of Provider Assistance and Rate Setting, 4th Floor, 625 Forster Street, Harrisburg, PA 17120.

Comments may also be submitted to the Department via email using the subject header “ODP ARPA Initiatives.” Comments received by 11:59 pm on August 19, 2022, will be reviewed and considered for final implementation.