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Public Comment

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The Office of Mental Health and Substance Abuse Services (OMHSAS) has announced that the proposed Licensure of Crisis Intervention Services regulations will be published in the Pennsylvania Bulletin on October 18, 2025. The package is also posted on the Independent Regulatory Review Commission (IRRC) website and can be found here. OMHSAS’ proposed regulation seeks to codify minimum standards for the issuance of licenses to provide emergency behavioral health crisis intervention services (crisis intervention services) in the Commonwealth in alignment with national best practices for crisis services.

Starting October 18, 2025, and closing November 17, 2025, the public may submit written comments regarding the proposed rulemaking to the Department via email. Please be aware that all public comments must be published verbatim on the IRRC website with the name of the commenter included. OMHSAS fully supports and encourages individuals with lived experience to submit comments on the regulation, but please be sure you are comfortable with the content of your comment being made public with your name.

Comments may also be submitted to the following address:

Department of Human Services
OMHSAS – Bureau of Policy, Planning, and Program Development, Attention: Tara Pride
Commonwealth Tower, 11th Floor
303 Walnut Street
Harrisburg, Pennsylvania 17105

RCPA will be convening a Crisis Intervention Regulatory Review Team to evaluate the proposed regulations and submit comments. If any member is interested in participating in the review group, please contact Emma Sharp.

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The Pennsylvania Department of Drug and Alcohol Programs (DDAP) is providing the opportunity for public comment on the Pennsylvania Substance Use Prevention, Treatment, and Recovery Services (SUPTRS) Block Grant application. This application will occur in three parts:

  • Substance Abuse Prevention and Treatment Assessment and Plan
  • SUPTRS Report (available in November)
  • Annual Synar Report (available in December)

The application documents can be accessed through SAMHSA’s Web Block Grant Application System (WebBGAS) using the login “citizenpa” and password “citizen.”

Please submit your comments by Tuesday, September 30.

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The Pennsylvania Department of Drug and Alcohol Programs (DDAP) is providing the opportunity for public comment on the Pennsylvania Substance Use Prevention, Treatment, and Recovery Services (SUPTRS) Block Grant application.

This application will occur in three parts:

  • Substance Abuse Prevention and Treatment Assessment and Plan;
  • SUPTRS Report (available in November); and
  • Annual Synar Report (available in December).

The application documents can be accessed through SAMHSA’s Web Block Grant Application System (WebBGAS) using the login “citizenpa” and password “citizen.”

Comments must be submitted via email by Tuesday, September 30.

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Providers are invited to attend a virtual informational session regarding the proposed regulatory chapters for Residential Services for Children. This session will provide highlights of the key changes being proposed to regulations governing child residential settings (including parent/child settings and outdoor programs), secure detention, and secure residential facilities. These proposed regulatory chapters are identified as:

  • 55 Pa. Code Chapter 3900 Child and Youth Facility Requirements
  • 55 Pa. Code Chapter 3910 Child Residential Facilities
  • 55 Pa. Code Chapter 3920 Secure Residential and Secure Detention Facilities for Youth

These proposed regulatory chapters currently are under review within the Governor’s Office, and the Office of Children, Youth, Families (OCYF) is projecting publication in the last quarter of calendar year 2025. There will be a 60-day comment period following publication of the proposed regulations.

In advance of publication, however, OCYF is extending the opportunity to attend an informational session to highlight proposed key changes to existing practices.

DATE: There are two dates you can attend. The content will be the same at each session.

TIME: 1:00 pm – 3:00 pm (the same for both sessions)

RCPA, as part of the Children’s Residential Services and Children’s MH Division, will be assembling a regulatory review team as part of the regulatory promulgation and public comment process. RCPA has performed a similar review for the PRTF, Crisis, IBHS, and Outpatient Psychiatric processes, as well as a host of other DHS regulatory efforts.

If you are interested in being a part of this review, please contact RCPA Mental Health Policy Associate Emma Sharp. RCPA will convene a Chapter 3900 Work Group within a week of the OCYF presentation.

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The FFY 2026/27 Community Mental Health Services Block Grant (CMHSBG) Draft Pennsylvania Application is now available for public comment. The CMHSBG is federal block grant funding that assists states in providing community-based services to adults with Serious Mental Illness and children with Severe Emotional Disturbance. This application provides a review of the current strengths and needs in the Pennsylvania mental health system and plans priority areas for improvement. The priorities were developed in consultation with representatives from the Pennsylvania Mental Health Planning Council. The CMHSBG Application public comment period will remain open until August 25, 2025.

Please access the application using the Webbgas Citizen’s login using the below credentials.

  • Login: citizenpa
  • Password: citizen

Submit any comments on this application to the CMHSBG Resource inbox.

RCPA is open to submitting members’ comments and feedback via our organization’s response to the public feedback process. If you would like to have RCPA submit comments on behalf of your agency, please contact RCPA Policy Associate Emma Sharp with any questions.

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The Office of Developmental Programs (ODP) held the SCO Performance-Based Contracting (PBC) Introductory Session today.

ODP received approximately 140 people’s and organizations’ comments during the public comment period. Deputy Secretary Kristen Ahrens stated that comments were very helpful and specific in finalizing the proposed plan being submitted to CMS.

General recommendations received:

  • Implement one set of standards for all SCOs (no tiers);
  • Require more than 2 SCOs in each county;
  • More and clearer engagement and education for individuals and families; and
  • Develop resources for SCOs to use.

Timeline considerations:
Feedback on the performance measures:
Rates:15-minute units vs monthly units

  • Concerns of using both
  • Average hours in the assumptions

Handouts from today’s session are available here.

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Image by Werner Moser from Pixabay

The Office of Long-Term Living (OLTL) is sharing the message below from the Pennsylvania Department of Aging (PDA):

As part of Aging Our Way, PA, PDA is conducting an evaluation of the PA Link to inform the design of a strategic plan. The goal is to improve and redesign the program to better serve older adults, people with disabilities, and caregivers. The entire project was informed by extensive stakeholder engagement, including consultation of an advisory committee.

Please use the Public Comment Form to review the DRAFT Evaluation Report and DRAFT Recommendation report. You will then be able to upload your comments.

The public comment period will close on Monday, July 28, 2025, and all comments will be considered in the creation of the final strategic plan to refresh the PA Link.

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On July 2, the U.S. Department of Labor (DOL) took an important step to restore fairness and flexibility in the home care industry by issuing a proposed rule that would rescind restrictive provisions introduced in 2013 under the Obama administration. Those earlier changes, fully enforced in 2015, significantly narrowed the “companionship services” exemption under the Fair Labor Standards Act (FLSA), adding complex and costly wage requirements for home care agencies and Medicaid-funded services.

The 2013 rule redefined key terms, eliminated the exemption for third-party employers, and imposed overtime obligations on agency-employed direct care workers — contributing to increased costs and administrative burdens. These unintended consequences have strained both providers and public programs, particularly in Medicaid-funded home and community-based services (HCBS).

Now, DOL is proposing to correct course. In its justification, the Department noted that the previous regulations “might not reflect the best interpretation of the FLSA and might discourage essential companionship services by making these services more expensive.”

Why This Matters
This proposed rule is a welcome change for providers, participants, and state Medicaid leaders alike. Overtime costs are a major driver of financial pressure in long-term services and supports. When direct care workers live in the same home as the individuals they serve, current law allows participant-directed employers to avoid overtime pay. However, because of the 2013 changes, agency-employed workers doing the exact same job do not receive the same treatment — creating an inequitable and unsustainable two-tiered system.

If finalized, the proposed rule would allow third-party agency employers to once again access the same companionship exemption. This would create consistency across employer types and make it easier to recruit and retain direct care staff — particularly in shared living or live-in arrangements that are vital to participant independence and stability.

Act Now: Submit a Letter of Support
The DOL is accepting public comments on this proposed rule, and it is crucial that the provider community raise its voice. RCPA encourages home care agencies, managed care partners, and Medicaid stakeholders to submit letters of support highlighting how this change will:

  • Increase flexibility in service delivery;
  • Align federal and state wage policy;
  • Promote cost-effective care models;
  • Support direct care worker retention; and
  • Sustain vital programs that keep individuals in their homes.

Your voice matters. Together, we can ensure federal policy reflects the realities and needs of today’s home and community-based care system. View a sample letter for public comments here.

How to Submit Your Letter of Support
Visit the Regulations government website and search for the DOL proposed rule on companionship services. Comments must be submitted by July 31, 2025

If you have any questions, contact Fady Sahhar, RCPA PD&A Division Director.

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The Department of Labor (DOL) just announced its intent to publish a Notice of Proposed Rulemaking (NPRM) that would exempt certain types of home health workers from minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA). In its reasoning, DOL said that the existing regulation “might discourage essential companionship services by making these services more expensive” and is proposing to exempt those employees from the minimum wage and overtime requirements of the FLSA. The proposed rule would also allow third party employers to claim those exemptions.

DOL will be accepting comments on their NPRM up to sixty days following its publication in the Federal Register, which is currently scheduled for July 2, 2025.

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