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ODP Announcement 21-087 is to inform all interested parties of CMS’ approval of amendments to the Consolidated, Community Living, and Person/Family Directed Support (P/FDS) waivers (hereafter referred to as the Intellectual Disability and Autism [ID/A] waivers). The ID/A waiver amendments became effective on November 22, 2021, and are available on the Department of Human Services’ website.

The Office of Developmental Programs (ODP) developed a Record of Change document that contains all of the substantive changes in the approved ID/A amendments. Each full waiver application approved by CMS and the Record of Change document are available as follows:

ODP is also holding a webinar to provide an overview of all substantive changes in the approved ID/A amendments. The date, time, and link for registration to attend the webinar are as follows:

ODP is developing two additional communications regarding the provision of remote supports in residential settings and non-residential settings, including information about webinars that will be held regarding the provision of remote supports.

CONTACT: Questions about this communication should be directed to the appropriate Office of Developmental Programs Regional Office.

ODP Announcement 21-085 serves to communicate that registration for the January–June 2022 sessions of the CI Initial Certification Course are now open on MyODP. Due to continued concerns regarding COVID-19, all January–June 2022 Initial CI Certification sessions (or cohorts) of the course will be provided virtually rather than in person. To register, use the registration link on the Certified Investigator Initial Certification Course Information page. You must be logged into MyODP to access the registration page.

For assistance with registration, contact Sarah Naughton. For questions regarding the course or its topics, contact Amanda Black.

American Rescue Plan Act: One-Time Supplemental Payment to Address Recruitment, Retention, and COVID-19 Related Staff Expenses

ODP Announcement 21-086 is to provide guidance about the process to request one-time payments to cover COVID-19 related expenses for high staff vacancy. The American Rescue Plan Act of 2021 (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 is to be used to enhance, expand, or strengthen HCBS beyond what is available under the Medicaid program as of April 1, 2021, and through March 31, 2024.

As part of the Office of Developmental Programs’ (ODP) ARPA spending plan to strengthen HCBS, providers can receive a one-time supplemental payment to address recruitment, retention, and COVID-19 related staffing expenses for direct support professionals or supports coordinators to include funding for hazard pay, costs of recruitment efforts, sign-on bonuses, retention bonuses, and other incentive payments. Providers will be required to complete and submit the attached Provider Attestation Form for One-Time Supplemental Payment and submit it to ODP for consideration.

Providers will be subject to recoupment of funds if it is identified in a state or federal audit or any other authorized third-party review that the provider has inappropriately billed for services or received duplicative payments for services provided or if expenses were reimbursed by duplicative funding streams. No portion of the supplemental payment can be utilized to increase executive compensation.

Providers will be required to continue providing services from December 1, 2021, through June 30, 2022, obtaining written consent from ODP for any discontinuation of a service line or closure of a service setting. Additionally, providers will comply with all reporting requirements related to the use of the supplemental payment.

Requests submitted by December 17, 2021, will be processed for payment prior to the end of December. Requests for supplemental payments may be submitted through January 31, 2022.

ODP Announcement 21-084 announces that the renewal of the Adult Autism Waiver (AAW) was approved by the Centers for Medicare & Medicaid Services (CMS) on November 18, 2021. As communicated in ODP Announcement 21-067, the renewal of the AAW has no substantive changes from the previously approved waiver.

The renewal was submitted with no substantive changes because some previously proposed changes to the AAW conflicted with the requirements of Section 9817 of the American Rescue Plan Act and CMS guidance that was published in May of 2021. The renewal is effective July 1, 2021, and can be found on the DHS website.

Because the Office of Developmental Programs (ODP) is not making the changes it originally planned to the AAW, ODP will not be implementing the proposed rates published in the Pennsylvania Bulletin on May 22, 2021. Any new proposed changes to rates will be published in the Pennsylvania Bulletin for a public comment period prior to implementation.

ODP Announcement 21-082 announces the release of the Quality Assessment and Improvement (QA&I) Annual Statewide Report for Fiscal Year 2020–2021. The report provides QA&I review results of AEs, SCOs, and Providers and includes a summary analysis of statewide data collected during Interim Year 1 (IY1) of the QA&I cycle for the Office of Developmental Programs’ (ODP) Consolidated, Person/Family Directed Support (P/FDS), Community Living, and Adult Autism waivers.

The report highlights successes and opportunities for systemic quality improvement discovered during QA&I reviews in a streamlined, easy-to-use format. Key results are underscored in entity-specific subsections entitled “Reasons to Celebrate” and “Highlighting Opportunities.” The intent of the latter is to encourage entities to target these low performing areas with quality improvement activities.

ODP Announcement 21-083 provides some guidance to providers when determining whether an event involving staff employed by the provider constitutes alleged neglect in accordance with the Office of Developmental Programs’ (ODP) regulations such that it must be reported as an incident in the Enterprise Incident Management (EIM) system. This announcement also provides guidance about applying regulatory requirements related to complaint management when an event does not require reporting as an incident of alleged neglect.

When alleged neglect is reported for events that do not meet the criteria, it compromises ODP’s ability to identify and act on events that do constitute neglect or an allegation of neglect. When an event does not meet such criteria, providers should address and manage the event as a complaint in accordance with applicable regulatory requirements. A report of alleged neglect should not be filed when a service was not rendered due to the absence of direct care staff and the absence did not place the individual at a health or safety risk. In this circumstance, a provider should follow their complaint management process as opposed to filing a reportable incident.

For more information regarding compliant management and incident reporting, see ODP Announcement 21-083.

A message from Kevin Dressler, Bureau Director of the Office of Developmental Programs (ODP):

The CMS Interim Final Rule outlining the Vaccination Requirements for all staff and contractors providing services for Medicare and Medicaid certified providers published on 11-05-21 applies to Intermediate Care Facilities (ICFs). Below are several links outlining the Vaccine Requirements and Deadlines associated with the Interim Final Rule.

Please contact your ODP Regional Office liaison if you have concerns meeting the demands of the Vaccination Mandate.

Kevin Dressler | Bureau Director
Department of Human Services
Office of Developmental Programs
Bureau of State Operated Facilities
Room 508 Health & Welfare Bldg | Harrisburg, PA 17120
Office Phone: 717-425-5686
Cell Phone: 570-809-3759
Fax: 717.787.6583

ODP Announcement 21-081 informs providers that the Heightened Scrutiny Onsite Tools for Non-Residential Service Locations has been finalized and posted for stakeholders to view. The Office of Developmental Programs (ODP) is also using this communication to address some of the comments and concerns that were received through public comment.

While the COVID-19 pandemic resulted in significant delays in performing the onsite visits, ODP will now be continuing with the Heightened Scrutiny process for Community Participation Support (CPS) and Day Habilitation service locations to meet the CMS requirement that all waiver providers must be in full compliance with the Home and Community-Based Services (HCBS) Settings Rule no later than March 17, 2023.