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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.

Photo by Markus Winkler on Unsplash

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 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.

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, 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:

  1. They are receiving federal or state funding;
  2. They are receiving referrals from publicly-funded facilities; and/or
  3. 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.

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The Office of Children, Youth and Families (OCYF) has updated guidance as it relates to the completion of the Civil Rights Compliance Questionnaire. Hopefully this will answer some questions you have.

  • The Civil Rights Compliance Questionnaire (CRCQ) is required to be filed annually by the Department of Human Services’ (DHS) licensed providers.
  • This email is only for providers of service types that are regulated by the DHS and any Provider/Agency that receives a blue Certificate of Compliance issued by the DHS Licensing Administration to operate the type of service it provides. It does not apply to an Agency/Provider that is listed with or receives a license from the Department of Health (DOH). If your type of service is found in the DHS Provider Directory, you are included in this email.
  • The Office of Child Development and Early Learning (OCDEL) providers can be found here.
  • This new procedure applies to any CRCQ that must be submitted to the Bureau of Equal Opportunity (BEO) as of December 2, 2021. If you are ready to submit that form, this procedure should be followed.
  • If you currently have a Civil Rights Compliance approval letter or you have submitted the CRCQ prior to December 2, 2021, this procedure will be effective with your next renewal. You do not have to resubmit a CRCQ.
  • The DHS Licensing Administration will not forward any hard copies or any emailed copies of the CRCQ to the BEO. You must email or fax the CRCQ to your regional RA email or fax number for your regional BEO as noted below.
  • The Bureau of Equal Opportunity will not forward any license renewal application or license renewal application payment to the Licensing Administration, as they will not be accepting mail for the renewal process.
  • Instructions of where to send the licensing application, licensing application fee (if required), and the Civil Rights Compliance Questionnaire are detailed on the licensing renewal packet cover sheet (HS1230) that is sent via regular mail at the time of renewal.
  • Renewal packets will continue to be sent via regular mail 130 days prior to the expiration date of your Certificate of Compliance. The Office of Developmental Programs’ (ODP) providers will continue to receive the renewal request via email and will continue to use HCSiS for your submissions.
  • If the deadline for submission of the licensing renewal application, licensing application fee (if required), and the Civil Rights Compliance Questionnaire cannot be met, for whatever reason, you do not have to call for an extension, but it MUST be received by Licensing Administration and the BEO, respectively, prior to the expiration date of your current Certificate of Compliance.
  • Any questions concerning the Civil Rights Compliance Questionnaire ONLY should be directed to the regional Bureau of Equal Opportunity as noted below. (The counties comprising the regions can be found on the map in CRCQ application packet):
    • DHS BEO Southeast Region: (717) 787-1127 | Email
    • DHS BEO Central/Northern Region: (717) 787-1127 | Email
    • DHS BEO Western Region: (412) 565-7607 | Email
  • Any questions concerning the blue license (Certificate of Compliance) or any fees related to it should be directed to the DHS Licensing Administration at (717) 705-0383.
  • Any questions concerning the Office of Child Development and Early Learning (OCDEL) should be directed to 1-800-222-2117.

If you have any questions or concerns with this process, please contact RCPA Children’s Policy Director Jim Sharp.