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ODP

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Changes to the Remote Supports Component of Assistive Technology in the Consolidated, Community Living and Person/Family Directed Support (P/FDS) Waivers

ODP Announcement 21-094 notifies interested parties of changes to Remote Supports in the most recently approved waiver amendments, including the requirement to complete the Variance Form (DP 1086) when an individual needs more than $5,000 of Remote Supports per fiscal year.

Amendments to the Consolidated, Community Living, and P/FDS Waivers approved by the Centers for Medicare and Medicaid Services (CMS) effective November 22, 2021, contain changes to Remote Supports which are a component of the Assistive Technology service (all requirements contained in the waivers prior to the amendments continue to apply). The Office of Developmental Programs (ODP) has updated Variance Form DP 1086 and the related instructions originally found in Bulletin 00-18-06, Variance Form and Process, to reflect the requirements for intensive remote supports in these amendments.

ODP is holding a webinar on February 16, 2022, from 10:00 am–11:00 am to discuss requirements and best practices for the Remote Supports component of Assistive Technology in the Consolidated, Community Living and P/FDS waivers. The date, time, and link for registration to attend the webinar can be found here.

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ODP Announcement 21-093 is a reminder to all providers and vendors that provider revalidation occurs every 5 years from the initial enrollment date or most recent revalidation date of every service location. The Office of Developmental Programs (ODP) is seeing an increase in claim denials because providers fail to revalidate their service location(s) on time.

NOTE: If an MA or base provider does not complete revalidation by their revalidation date, they will not receive payment for service locations that are end dated and closed in PROMISe™. Claims will be denied and show as denied on their remittance advices. Reactivation of closed sites will be required prior to billing/payment resumption.

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ODP Announcement 21-091 provides notice that the Federal Supplemental Security Income (SSI) payment will increase beginning January 2022. Effective January 2022, the SSA increased the SSI allotment by 5.9 percent to reflect an increase in the cost of living. This raises the maximum monthly income to $841 for an eligible individual, $1,261 for an eligible individual with an eligible spouse, and $421 for an essential person. There is no anticipated increase in the State Supplementary Payment (SSP) for 2022.

To account for the new COLA, Room and Board contracts should be reviewed to determine appropriate adjustment for those living in homes operated by Residential Habilitation or Life Sharing providers who collect room and board fees from individuals enrolled in the Consolidated, Community Living, and Adult Autism Waivers and providers of base-funded residential habilitation and life sharing services.

SSI is a federal program that provides benefits to adults and children who meet the SSA’s requirements for disability, income, and resources. This income benefit is designed to help qualified individuals meet basic needs for food, clothing, and shelter. Periodically, a COLA affects the maximum monthly allotment.

The Room and Board Contract (DP 1051) is found on MyODP.org at the following path: Resources > Intellectual Disability > Forms. Office of Developmental Programs. Beginning July 1, 2020, the requirements for Room and Board as established in 55 Pa. Code Chapter 6100 must be followed.

ODP is in the process of replacing the DP 1051 form to reflect Sections §§6100.681–6100.694 that providers will begin to use. The current DP 1051 will continue to be accepted as current until the annual due date or until a change requires that a new form is completed.

ODP will be releasing a bulletin to stakeholders regarding the new room and board requirements with the 6100 regulations. This bulletin will also inform stakeholders of the new form and where it can be found on myodp.org.

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The Office of Developmental Programs (ODP) is sharing information from the Centers for Disease Control and Prevention (CDC) on safe ways to celebrate the holidays. Currently across the United States, an increase in COVID-19 infections is being reported. Omicron, the latest COVID-19 variant of concern, is highly contagious, was first detected last month, and has now been reported in 89 countries. As of December 20, 2021, Omicron has been detected in most states and territories and is rapidly increasing the proportion of COVID-19 cases it is causing.

Current vaccines are expected to protect against severe illness, hospitalizations, and deaths due to infection with the Omicron variant. However, breakthrough infections in people who are fully vaccinated are likely to occur. With other variants, like Delta, vaccines have remained effective at preventing severe illness, hospitalizations, and death. The recent emergence of Omicron further emphasizes the importance of vaccination and boosters.

The CDC reminds us of the tools to fight Omicron:

Vaccines

  • Vaccines remain the best public health measure to protect people from COVID-19, slow transmission, and reduce the likelihood of new variants emerging.
  • COVID-19 vaccines are highly effective at preventing severe illness, hospitalizations, and death.
  • Scientists are currently investigating Omicron, including how protected fully vaccinated people will be against infection, hospitalization, and death.
  • CDC recommends that everyone 5 years and older protect themselves from COVID-19 by getting fully vaccinated.
  • CDC recommends that everyone ages 18 years and older should get a booster shot at least two months after their initial J&J/Janssen vaccine or six months after completing their primary COVID-19 vaccination series of Pfizer-BioNTech or Moderna.

Masks

  • Masks offer protection against all variants.
  • CDC continues to recommend wearing a mask in public indoor settings in areas of substantial or high community transmission, regardless of vaccination status.
  • CDC provides advice about masks for people who want to learn more about what type of mask is right for them depending on their circumstances.

Testing

  • Tests can tell you if you are currently infected with COVID-19.
  • Two types of tests are used to test for current infection: nucleic acid amplification tests (NAATs) and antigen tests. NAAT and antigen tests can only tell you if you have a current infection.
  • Additional tests would be needed to determine if your infection was caused by Omicron.
  • Self Testing for Individuals Living in a Private Home:
    • Self-tests can be used at home or anywhere, are easy to use, and produce rapid results.
    • If the self-test has a positive result, stay home or isolate for 10 days, wear a mask if you have contact with others, and call your healthcare provider.
    • If you have any questions about your self-test result, call your healthcare provider or public health department.

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ODP Announcement 21-092 is to inform all interested persons of the availability of the first report that assesses provider compliance with the Home and Community-Based Settings Rule for the Office of Developmental Programs (ODP). The report can be accessed here.

This report contains licensing inspection data gathered during licensing inspections completed in Fiscal Year 2020–2021. As part of ODP’s commitment to ensuring compliance with the HCBS Settings Rule, an annual report containing results from licensing inspections will be released.

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ODP Announcement 21-090 is to provide guidance to licensees that operate Community Homes for Individuals with an Intellectual Disability or Autism, licensees that operate Life Sharing Homes, ODP-enrolled providers of licensed or unlicensed Residential Habilitation, ODP-enrolled providers of licensed or unlicensed Life Sharing, and/or ODP-enrolled Supported Living providers (“Providers”). This guidance is about the use of assistive technology and remote supports to achieve individual’s goals and outcomes while balancing the benefits of technology use with the requirement to protect each individual’s right to privacy.

ODP has developed a Residential Technology Evaluation Tool to assist providers in determining whether a privacy violation will or may occur. The tool is not a required form, although ODP strongly recommends its use. Providers may develop their own tool to determine whether a privacy violation will or may occur.

ODP is holding a webinar to discuss requirements and best practices for the use of assistive technology and remote supports in residential settings. The date, time, and link for registration to attend the webinar are as follows:

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Deputy Secretary Ahrens presented an overview of the Office of Developmental Programs’ (ODP) plan that was conditionally approved by the Centers of Medicare and Medicaid Services (CMS) for use of the ARPA funds during a webinar on December 9, 2021. While the infusion of funds will be beneficial to the system of support in PA, RCPA staff will be carefully monitoring the details of the plans as they are released, particularly the rate refresh, and will continue to advocate for fiscal policies that will allow for stability in the service system.

Highlights include:

  • Funding to Address High Staff Vacancy and Turnover Rates
    • One time funding for COVID-19 related staffing expenses, recruitment, and retention of Direct Support Professionals or Supports Coordinators to include funding for hazard pay, costs of recruitment efforts, sign-on bonuses, and other incentive payments that are:
      • Provided as a supplemental payment under Appendix K; and
      • Up to 5% of prior year revenue (2% for AWC) for related expenditures between April 1, 2021, and March 31, 2022.
    • Estimated total funding: $200M.
  • Updating Fee Schedule Rates
    • Proposed changes in fee schedule to be published in December for a 30-day public comment period and implemented in late January or early February 2022.
    • Rate changes for waiver services will be retroactive to July 1, 2021, for the AAW and January 1, 2022, for the ID/A waivers.
    • Proposed fee schedule includes increases in all regular fee schedule rates (exception — temporarily enhanced fee schedule rates for CPS and Transportation Trip).
    • Estimated fiscal impact of the proposed rate changes for ODP programs is approximately $400M annually (proposed rate updates are still in the final stages of review, so this number may change).
  • Funding for Staff Training, Credentialing, and Business Associates Programs for Employment
    • One time funding up to $50,000 or 1% of provider annual revenue, whichever is greater.
    • Estimated total funding $23M.
  • Respite and Family Support Funds for Individuals on the Waiting List for ID/A
    • Funding available for one-time family support grants for individuals and families on the ODP waiting list for purchase of respite and other eligible family support service.
    • Estimated funding: $12M.
  • Funding for Technology That Enhances HCBS Provision
    • One-time funding for providers to support activities, including the purchase of assistive and/or remote support technology, the purchase and implementation of new software/technology for electronic health records, quality, or risk management functions, and the purchase of technology for professional credentialing identified in ODP provider qualifications.
    • One-time funding for the purchase of technology for Supports Coordination Organizations to improve capacity to conduct remote monitoring of individuals, to improve efficiency of Supports Coordinators, including maximizing time in the field, to obtain or enhance secure inter-office communications, or to implement technology-dependent quality improvement strategies.
    • Estimated funding: $13.5M.
  • Technology Accelerator Resources : Initiative is Shared With OLTL
    • Contractor to work with ODP and stakeholders to accelerate adoption of technology through consultation, information dissemination, and training to agencies seeking to adopt remote supports and other technology solutions to support individuals receiving HCBS.
    • This includes funding for two statewide technology summits.
    • Training and materials developed will be available electronically and through ODP’s learning management system to provide access after the funding period.
  • Additional Staff to Support Intake, Eligibility of New Populations, Waiver Capacity, and Risk Management
    • Funding will be available for approximately 80 additional county staff for the following.
    • Estimated funding: $25M.
  • Incident Detection and Incident Reporting Fidelity System
    • Purchase development and implementation of dashboards/software pairing claims data and incident reports to evaluate provider incident reporting fidelity and detect unreported incidents of abuse and neglect.
  • Develop and Implement Selective Contracting
    • Purchase time limited consultation to support the Department to develop and implement selective contracting and alternative payment methods for selected HCBS services for complex populations to improve quality of service provision. Systems improvement will provide for aligning payment with performance measures and outcomes.
  • Training to Address Pandemic-Related Needs and Promote Initiatives
    • Peer-to-peer training will be available for individuals and families.
    • Training and materials developed will be available electronically and through ODP’s learning management system.
    • Estimate funding: $4M.
  • Purchase of Emergency Preparedness Kits to Non-Residential HCBS Participants
    • Estimate funding: $520k.
  • Provide Funding to Support Housing for Individuals Transitioning From Institutional or Congregate Settings
    • One-time funding will be targeted to residential providers for housing adaptations and purchase for individuals transitioning from public or private ICF, children transitioning from congregate care, medically complex adults (when cost effective and to avoid placement in a nursing facility), and adults to age in place or transition to supported living or life sharing.
    • Estimate funding: $15M.
  • Transfers from Private Intermediate Care Facility to Community
    • Additional Consolidated Waiver capacity for the transfer of 25 individuals from facility care to HCBS.
    • Estimate funding: $5M.

Visit the DHS web page to view the full spending plan.

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ODP Announcement 21-089 informs stakeholders that additional incident extension notifications can be entered into the Enterprise Incident Management (EIM) directly by providers and SCOs who initiate incidents.

In recognition of the ongoing impacts of the COVID-19 pandemic and the Office of Developmental Program’s (ODP) commitment to supporting providers, ODP is adjusting the limits that were introduced on September 11, 2021, to allow for additional internal notifications of the need for extensions in EIM. Effective December 7, 2021, providers and SCOs can enter a total of six 30-day extensions for each incident they initiate, regardless of primary category. Providers are advised that ODP monitors all facets of incident management standards, including those that are not managed in accordance with timeframes and standards established in policy. This also includes when final section documents are initiated, reasons for extensions, patterns of extension use, and patterns of incident disapprovals by management reviewers. Providers with a notable volume of such incidents or that demonstrate patterns indicative of concerning practices will receive technical assistance directly from ODP.

Included with this announcement are the following resources:

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