Pennsylvania Eases Rules for Drug and Alcohol Treatment Providers With New Virtual-Only License: RCPA SUD Treatment Services Policy Director Jason Snyder Quoted
licensing
DDAP to Begin Licensing Telehealth-Only SUD Treatment Providers
Despite opposition and concerns from substance use disorder (SUD) treatment providers, single county authorities, primary contractors, and behavioral health managed care organizations, the Pennsylvania Department of Drug and Alcohol Programs (DDAP) will begin licensing telehealth-only SUD treatment providers.
DDAP will issue a licensing alert on Wednesday, December 4, detailing the new licensure category.
Organizations newly licensed under this tele-only category will be able to provide intake, evaluation, and referral services, as well as outpatient treatment, including partial hospitalization services, via telehealth only, without a physical plant location in Pennsylvania.
DDAP’s intention in licensing telehealth-only providers is to hold them to the same standards as facility-based providers as a way to ensure equity and maintain operational standards. DDAP will continue to monitor complaints and unusual incidents for all licensed providers, as well as the number of telehealth-only license applications that are made over time, looking for any trends that could require additional action.
RCPA and its provider members opposed creation of the new license, citing patient safety and quality concerns, as well as potential erosion of the community-based provider system. RCPA hosted DDAP for a discussion about its concerns, met one-on-one with the department, and provided written feedback to DDAP. In addition, RCPA met with the governor’s Policy Office, to discuss provider concerns.
DDAP will attend RCPA’s next SUD Committee meeting at 11:00 am on Tuesday, December 10. RCPA has asked DDAP to discuss the new license category. RCPA members wanting to attend this meeting can register here.
OMHSAS Releases Regulatory Compliance Guide as Companion to 55 Pa. Code Chapter 5200
The Office of Mental Health and Substance Abuse Services (OMHSAS) is working on developing Regulatory Compliance Guides (RCG) for each licensed level of care to support their commitment to quality in licensing. The RCG is a tool for providers, OMHSAS staff, and the public to better understand the regulations.
This Regulatory Compliance Guide is a companion piece to 55 Pa. Code Chapter 5200. It is intended to be a helpful reference for these regulations. The explanatory material contained in this guide in no way supplants the plain meaning and intent of the regulations set forth in Chapter 5200.
OMHSAS issued the first version of the Psychiatric Outpatient Clinic RCG in November 2021. Today, they are reissuing an updated Psychiatric Outpatient Clinic RCG. The changes made were primarily to language and updates based on comments received on the original document.
Feedback or questions on the RCG can be sent electronically.
If you have any questions, please contact RCPA COO Jim Sharp.
State Updates PA Board of Licensing Portal for LBSW
Setting a Path for Real Regulatory Reform
Bureau of Human Services Licensing Director Update
An announcement was issued today regarding the Bureau Director for the Bureau of Human Services Licensing (BHSL) for the Department of Human Services (DHS). The current Bureau Director, Jeanne Parisi, has accepted the Deputy Secretary position for Quality Assurance at the Department of Health, effective March 20, 2023. Brian MacDaid has been appointed Acting Bureau Director, also effective March 20, 2023. Brian has worked for the Commonwealth in DHS for the past 22 years and currently works for the Office of Long-Term Living (OLTL) in the Bureau of Quality Assurance and Program Analytics as the Director of the Quality Assurance Division.
Governor Shapiro Signs Executive Order to Improve Commonwealth Licensing & Certification Processes
Governor Shapiro is directing all state agencies, boards, and commissions to compile a catalog of the licenses, certificates, and permits they issue – including the statutory authority governing the length of time they must process applications and the application fee charged by each agency. Commonwealth agencies will have 90 days to send this information to the Governor’s Office, which will then review, analyze, and establish efficient application processing times for all occupational permits or licenses based on agency recommendations. Once those recommendations are put in place, if an agency does not respond to an applicant before the date-certain, the agency will be required to refund the application fee.
Under this Executive Order, the Governor’s Office will also conduct a review of the existing digital services that Pennsylvanians use to apply for licenses, certificates, and permits and work to modernize those application platforms and services to better serve Pennsylvanians.
Unpredictability and long wait times for Commonwealth-issued licenses, certificates, and permits can create unnecessary barriers for Pennsylvania workers and businesses. For example, an NPR analysis from 2021 found that Pennsylvania had some of the longest wait times in the country for issuing nursing licenses. More than half of the nursing applicants who applied in Pennsylvania that year waited at least three months to hear back.
In addition to nursing licenses, the Commonwealth issues hundreds of licenses, certificates, and permits, from barber and salon licenses to teacher certifications to business permits. Under the direction of the Governor, the Administration will work expeditiously to ensure Pennsylvanians get responses in a timely manner — and the Shapiro Administration will have real skin in the game. Governor Shapiro is making clear his Administration will be customer-service oriented and that state government will work harder to get them a response, so that they can pursue their dreams.
Read Executive Order 2023-07, Building Efficiency in the Commonwealth’s Permitting and Licensing Processes, here.
Addiction Recovery Homes Cutting Off Services as State Implements Regulations
DDAP Issues Licensing Alert for Mobile Narcotic Treatment Programs
The Pennsylvania Department of Drug and Alcohol Programs (DDAP) today issued Licensing Alert 02-22, which details the process for establishing mobile narcotic treatment programs (NTPs). In 2021, the Drug Enforcement Agency issued a final rule authorizing NTPs to add mobile components for dispensing controlled substances for maintenance or detoxification treatment without obtaining a separate registration.
Read the full DDAP Licensing Alert.
Beginning June 9, DDAP Can Impose Fines Per Recovery House Licensing Regulations
Beginning June 9, 2022, the Pennsylvania Department of Drug and Alcohol Programs (DDAP) will have the authority to impose fines on operators of unlicensed recovery houses that receive public funding.
View the Recovery House Licensure Information Bulletin here.
DDAP’s recovery house licensure program is live as of December 11, 2021. You can learn more about recovery house licensing and how to apply on the DDAP licensing web page. This message is to remind all recovery houses in Pennsylvania, as well as entities who refer individuals to recovery houses, of several requirements of the Recovery House Law (Act 59 of 2017), including the approaching June 9 deadline.
Requirements to Obtain a License:
Recovery houses must obtain a license from DDAP if:
- They are receiving federal or state funding;
- They are receiving referrals from publicly-funded facilities; and/or
- They are receiving referrals for individuals whose substance use disorder (SUD) treatment is funded with federal or state funding.
*Recovery houses that are not required to obtain a license may still choose to do so.
Referral Requirements:
- State or county courts must give first consideration to recovery houses that are licensed by DDAP when making residential recommendations for individuals under their supervision.
- Treatment providers making recovery house referrals for publicly-funded clients must refer to recovery houses that are licensed by DDAP.
- Any state agency or state-funded facility making recovery house referrals must refer to recovery houses that are licensed by DDAP. A “state-funded facility” is any facility that receives any type of funding from a state agency. For example, this may include an SUD treatment facility that receives funding from their Single County Authority, Managed Care Organization, or a grant from a state agency. It also includes state and state-funded agencies that make referrals for residential settings, such as the criminal justice, juvenile justice, and child welfare systems.
Names, locations, and additional details about each DDAP-licensed recovery house in Pennsylvania are regularly updated on DDAP’s Facility Locator. Select “Recovery House” under the Facility Type Search drop-down on the left-hand panel, and narrow your search by location if desired. A searchable map will also be made available on the DDAP website in the coming weeks.
Fines for Unlicensed Recovery Houses That Receive Public Funds:
Furthermore, the recovery house law requires that DDAP impose fines (up to $1,000 for each violation) on unlicensed recovery houses that are “funded, in whole or in part, by a department or a Federal, other State, or county agency.” This requirement was incorporated in the regulations at 28 Pa. Code § 717.14. As detailed in the Preamble to the regulations, this section will become effective 180 days after publication of the regulations in the Pennsylvania Code & Bulletin on December 11, 2021. Beginning June 9, 2022, DDAP will have the authority to impose fines up to $1,000 per day on operators of unlicensed recovery houses that receive public funding.
Training:
To further assist recovery home operators in the application process, the Bureau of Program Licensure offers a free one-day training workshop designed to answer the various questions associated with the application process. Participation in the workshop results in a decrease in the amount of time it takes to approve applications, resulting in the license being issued sooner to those applicants who participate. The workshop is offered a minimum of once every month. Additional sessions are scheduled based upon interest or need. Requests to register for the training should be sent via email. Call 717-783-8675 with questions.
