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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.

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The Office of Long-Term Living (OLTL) issued the following notice regarding the American Rescue Plan Act (ARPA) one-time payments for personal care homes (PCH) and Assisted Living Residences (ALR):

Background Info:

Governor Wolf signed Act 54 of 2022, which allocates $26.767 million of federal funding from the American Rescue Plan Act (ARPA) for payments to nursing facilities (NF), personal care homes (PCH), and assisted living residences (ALR). To qualify for the one-time payment, a facility must be in operation as of July 1, 2022.

These one-time ARPA funds must be used for COVID-19 related costs not otherwise reimbursed by federal, state, or other sources of funding. OLTL will send a letter with details about the payments, including information about the approved use of and reporting on these funds. An Act 54 Facility Acceptance Form must be completed by September 2, 2022.

Additional information on Act 54, payment amounts and approved use of this funding will be available at the DHS Long-Term Care Providers page.

PCH/ALR Payments:

  • ARPA PCH/ALR Payment #1 — Licensed Occupancy
    • The total funds available for a one-time ARPA payment to PCHs and ALRs pursuant to Act 54 (ARPA PCH/ALR Payment #1) is $24,090,000. Each PCH/ALR Payment #1 is calculated by the dividing the census of the PCH or ALR, as determined by the most recent DHS inspection on or before July 1, 2022, by the total census of all PCHs and ALRs, including those with a special care designation, as determined by the most recent DHS inspection on or before July 1, 2022, to obtain a facility-specific quotient for each PCH and ALR. Each facility’s quotient is multiplied by $24,090,000 to determine its payment amount.
  • ARPA PCH/ALR Payment #2 — Supplemental Security Income (SSI) Residents Served
    • The total funds available for a one-time ARPA payment to PCHs and ALRs pursuant to Act 54 (ARPA PCH/ALR Payment #2) is $2,677,000. Each ARPA PCH/ALR Payment #2 is calculated by dividing the number of individuals for whom the PCH/ALR received a state SSI payment as in March 2022, divided by the total of all PCH’s/ALR’s individuals for whom a state SSI payment was made in March 2022, to obtain a facility-specific quotient. Each PCH’s/ALR’s quotient is multiplied by $2,677,000 to determine its payment amount.

PCHs and ALRs must complete the Facility Acceptance Form by August 26, 2022. Checks will be issued and mailed in the order in which DHS receives the Facility Acceptance Forms.

Act 54 of 2022 requires the ARPA funding to be obligated by December 31, 2024, and spent by December 31, 2026, or returned to the commonwealth. Additionally, these funds must be used for COVID-19 related expenses. Providers must keep documentation to prove that these funds were used for their response to the COVID-19 pandemic in case of an audit. Any person or entity accepting an ARPA payment agrees to provide documentation to DHS, upon request, for purposes of determining compliance with Act 24 requirements. Instructions on expenditure reporting will be provided at a later date.

The Department of Human Services (DHS) recommends that providers consult their accountants or attorneys for further clarification on acceptable uses of ARPA funding. DHS encourages providers to review guidance for eligible expenditures on the U.S. Department of the Treasury website in their Compliance and Reporting Guidance.

Any questions about this information or the Facility Acceptance Form should be sent to PW, OLTL COVID Payments.

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The following documents from the August 3, 2022, Managed Long-Term Services and Supports (MLTSS) Subcommittee meeting are now available:

The next MLTSS Subcommittee is scheduled for September 7, 2022, from 10:00 am — 1:00 pm. The meeting will be held in person in the Pennsylvania Department of Education’s Honors Suite, 1st floor, at 333 Market Street Tower in Harrisburg as well as via webinar. To register to participate via webinar, please visit this webinar registration link. After registering, you will receive a confirmation email containing information about joining the webinar.

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Photo by Christina @ wocintechchat.com on Unsplash

This is a reminder that there is a Financial Management Services (FMS) stakeholder meeting today, August 5, from 1:00 pm – 2:30 pm.

The purpose of this public meeting is to discuss upcoming changes for the administration of FMS under the Community HealthChoices (CHC), OBRA Waiver, and Act 150 programs. Representatives from the Office of Long-Term Living (OLTL) and CHC Managed Care Organizations (MCOs) will be in attendance to discuss upcoming changes.

Please register using this link. After registering, you will receive a confirmation email containing information about joining the webinar.

If you choose to use your phone to call in, please use the numbers below:
Dial in: 415-930-5321
Access Code: 264854023#
Audio PIN: shown after joining the webinar

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Information and registration for the August Managed Long-Term Services and Supports (MLTSS) Subcommittee meeting was recently released by the Office of Long-Term Living (OLTL). The meeting will be held on August 3, 2022, from 10:00 am – 1:00 pm. Attendees can participate via webinar or in person at the PA Department of Education Building’s Honors Suite at 333 Market Street in Harrisburg.

To participate in the meeting via webinar, please register via the link below. Those participating by webinar are encouraged to register early. When registering, please verify that you entered your email address correctly. You will receive a confirmation email containing information about joining the webinar if you registered correctly.

Webinar Registration Link
If you have trouble accessing the webinar registration through the Internet Explorer or Safari web browsers, please try accessing it through a different web browser such as Chrome or Edge.

Dial In Number:
The dial-in number is:  (415) 655-0052
Access Code: 205870515#

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The Centers for Medicare & Medicaid Services (CMS) has approved the Office of Long-Term Living’s (OLTL) Community HealthChoices (CHC) Waiver amendment that transfers oversight of Financial Management Services (FMS) from an OLTL-held contract to an administrative function of the CHC-MCOs and revises waiver performance measure AA-5. The amendment became effective on July 1, 2022.

The current approved CHC 1915(c) Waiver document with the FMS amendment can be viewed here. The link can be found under the heading “Community HealthChoices 1915(b) Managed Care and 1915(c) Home and Community-Based Waivers.”

Questions about the CHC Waiver amendment should be sent via email.

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The Office of Long-Term Living (OLTL) will be presenting a live, interactive webinar series on housing issues. This five-session series will be offered twice (see schedule below). The webinars will include targeted content, including question and answer (Q&A) sessions with housing experts and OLTL staff. Each session is scheduled for 90 minutes to allow for interaction and Q&A segments.

The webinar series targets Service Coordinators, Managed Care Organizations, and Service Coordination Entity support staff who assist program participants in securing and maintaining affordable, accessible housing. This series builds on information already provided in the Online Housing Training Modules and the Self-Determination Housing of Pennsylvania (SDHP)/Inglis’s Prepared Renter Program (PREP) curriculum.

This series of webinars is designed to be taken in order. The content in each session builds on prior content. Participants will get the most out of the program by taking all the sessions in order. Although individuals are not required to complete the sessions in order, to keep the sessions focused, the webinar leader may opt to table questions that were covered in prior sessions.

The series will be presented twice:

  • August 16 – September 13 (every Tuesday) from 1:30 pm – 3:00 pm
  • September 21 – October 19 (every Wednesday) from 9:00 am – 10:30 am

2022 OLTL Housing Series Curriculum

Webinar 1: Understanding and Navigating Housing Nuances

  • 10 Housing-Sector Nuances
  • 3 Main Pathways to Housing Resources

Webinar 2: Recommended Relationships and Resources in the Housing Sector

  • 5 Key Partnerships to Cultivate
  • Top 6 Housing Resources

Webinar 3: Funding Sources and Clarifying Affordability Frequently Asked Questions (FAQs)

  • 6 Kinds of Funding Sources
  • 3 Concepts to Understand About Affordability and Income-based Eligibility

Webinar 4: Legal Issues Related to Housing

  • Criminal Justice System Involvement
  • Fair Housing and Reasonable Accommodation

Webinar 5: Keeping Participants Housed and Landlord Engagement Techniques

  • 6 Key Concepts in Keeping Participants Housed
  • Landlord Engagement Techniques and Resources

To register for the Housing Webinar Series, please go to the OLTL Housing Webinars registration page.

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The agenda for the June 1, 2022, Managed Long-Term Services and Supports (MLTSS) Subcommittee meeting was recently released by the Office of Long-Term Living (OLTL). The June meeting will continue to be offered via webinar and remote streaming. OLTL is planning to hold the July 6, 2022, MLTSS Subcommittee meeting in person with optional webinar and remote streaming.

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