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Public Comment

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On behalf of its opioid treatment program (OTP) provider members, RCPA submitted comments to the Independent Regulatory Review Commission (IRRC) in support of a final-omitted regulation that would allow an initial physical examination required for prescribing, administering, and dispensing controlled substances through an OTP to be conducted via telehealth under certain circumstances under Pa. 49 Code § 16.92.

This final-omitted regulation would enable the Pennsylvania Department of Drug and Alcohol Programs (DDAP) to grant a statewide exception to 28 Pa. Code § 715.9(a)(4), which today requires Pennsylvania OTPs (called narcotic treatment programs in DDAP regulations) to conduct a face-to-face determination of whether an individual is currently physiologically dependent on an opioid.

IRRC will consider the final-omitted regulation at a public meeting on December 5.

In its comments, RCPA wrote:

“Enabling OTPs to conduct the initial examination required as part of induction into methadone or buprenorphine treatment through telehealth significantly improves and expedites patient access to the gold standard treatment for OUD without sacrificing quality or safety. In a treatment environment where finding qualified physicians, physician assistants and certified registered nurse practitioners is challenging, telehealth bridges a significant gap. Physicians would no longer need to be physically on site at the OTP where treatment is to take place to examine a patient as part of the induction process. Rather, from anywhere in the commonwealth, a physician can examine more patients, who can then begin treatment with medication faster at a facility near their home. In fact, with this final-omitted regulation, OTPs will have the ability to accommodate same-day or walk-in admissions instead of scheduling intake appointments days later.”

The final-omitted regulation, submitted by the Department of State, Bureau of Professional and Occupational Affairs, State Board of Medicine, along with comments in support from the Department of Drug and Alcohol Programs and RCPA, can be viewed on the IRRC website.

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The PA Department of Labor & Industry’s Office of Vocational Rehabilitation (OVR) has further developed the draft of the Financial Needs Test (FNT) policy after incorporating feedback received during the September 2024 public comment period. As a result, there will be a second, shorter public comment period on the draft. The draft will be posted on OVR’s website for public review beginning November 11, 2024.

Virtual meetings will be held via Zoom at 9:00 am and 2:30 pm on Monday, November 18, 2024, to provide an overview of the policy and accept comments (content will be the same in both meetings). The public is invited to comment on the draft policy through November 22, 2024. Comments may be directed to OVR’s Public Comment inbox.

Zoom Meeting Information:

CART and sign language interpreters will be available for these meetings via the Zoom link.

Additional auxiliary aids and services are available upon request to individuals with disabilities. Please send your request to OVR’s Public Comment inbox.

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The Pennsylvania Office of Vocational Rehabilitation (OVR) has drafted proposed changes to the 2024-2027 VR Services Portion of the Combined State Plan to implement an Order of Selection. A public comment period will be opened from October 7, 2024 – October 28, 2024.

Members of the public may provide feedback on the proposed changes by submitting comments electronically or by submitting live comments during one of two State Plan Public Meetings. Please note that comments should be limited to the proposed changes only.

To access the State Plan draft, please visit here.

Public meetings will be held on Wednesday, October 16, 2024, from 9:00 am – 10:00 am as well as Thursday, October 17, 2024, from 3:00 pm – 4:00 pm. During these meetings, OVR will review the proposed changes to the VR Services Portion of the Combined State Plan. These meetings will contain the same content, so it is not necessary to attend both. Following a summary presentation, the public will be invited to provide comment. CART and sign language interpreting will be provided during both meetings.

Virtual Public Meeting Information

Meeting #1
When: October 16, 2024, 9:00 am Eastern Time (US and Canada)
Zoom for October 16 Public Meeting

Meeting #2
When: October 17, 2024, 3:00 pm Eastern Time (US and Canada)
Zoom for October 17 Public Meeting

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Image by Dirk Wouters from Pixabay

The Office of Mental Health and Substance Abuse Services (OMHSAS) has submitted to the Pennsylvania Independent Regulatory Review Commission (IRRC) IRRC No. 3417 — Psychiatric Residential Treatment Facilities (14-555) regulations for the first phase of the promulgation process.

At this time, the regulations will be open for the submission of public comments from November 2, 2024, to December 1, 2024. The IRRC will review these comments and work with OMHSAS on developing responses as well as any potential language changes.

This process for regulation development with stakeholders began in 2019, and RCPA and its members have been active partners with the OMHSAS Children’s Bureau in the ongoing process through forums and work group meetings. The RCPA Residential Services Work Group completed a cursory review of a PRFT regulation presentation by OMHSAS in July and will begin working on developing a full response to the regulations.

RCPA will be connecting with these members this week to schedule the PRTF Regulatory Review Team that will support our recommendations to the current draft. If any member is interested in participating in the review group, please contact RCPA COO and MH Director Jim Sharp.

The regulations can be view at the links below.

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Image by Werner Moser from Pixabay

The Pennsylvania Department of Drug and Alcohol Programs (DDAP), through RCPA, is seeking input on its plan to license telehealth-only outpatient SUD treatment providers.

In an effort to regulate unlicensed, out-of-state telehealth providers marketing themselves as addiction treatment providers as well as expand access, DDAP plans to license telehealth-only outpatient SUD treatment providers. These DDAP-licensed telehealth-only providers may provide intake, evaluation, and referral, as well as outpatient, intensive outpatient, or partial hospitalization services via telehealth only, without a physical plant location in Pennsylvania, to individuals who are located in the Commonwealth as long as the provider complies with all applicable federal, state, and local laws.

DDAP will not require the provider to maintain a physical location in Pennsylvania. DDAP also will grant all telehealth-only providers an exception to §709.11(b) regarding the requirement to conduct an onsite inspection for the renewal of a license as part of licensure.

DDAP has also said licensure is no guarantee of payment. Providers that are considering applying for a telehealth-only license should consult their public and private insurance payers to confirm whether they will meet conditions for network enrollment and payment, as DDAP cannot guarantee a DDAP-licensed telehealth-only provider funding or a contract.

Some providers have raised concerns about:

  • The effectiveness and quality of tele-only treatment without an ability for in-person counseling and how it could harm patients;
  • The siphoning of commercial patients from community-based providers and how it would negatively affect their financial situation;
  • The long-term sustainability of community-based providers who understand their community as large national players enter Pennsylvania; and
  • Maximizing existing outpatient capacity in Pennsylvania.

Comments may be emailed directly to DDAP Deputy Secretary Kelly Primus. Or, by the close of business this Friday, Sept. 20, please submit to RCPA SUD Treatment Services Provider Policy Director Jason Snyder any comments about this plan. RCPA will then share the comments with DDAP. In addition to any concerns you may have about this new license category, please include in your comments any proposed solutions you have about preventing unlicensed telehealth-only outpatient organizations from providing SUD treatment counseling via telehealth in Pennsylvania.

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The Office of Developmental Programs (ODP) has shared communication ODPANN 24-084, which informs stakeholders that rates for services rendered through ODP have been published as final in the Pennsylvania Bulletin.

There is a 30-day public comment period. Comments may be sent to the Department via email using subject header ”PN Fee Schedule.” Written comments can also be sent within 30 days to the Department of Human Services, Office of Developmental Programs, Division of Provider Assistance and Rate Setting, 4th Floor, Health and Welfare Building, 625 Forster Street, Harrisburg, PA 17120.

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The PA Department of Labor & Industry’s Office of Vocational Rehabilitation (OVR) has developed a draft of the Financial Needs Test (FNT) policy. The draft will be posted on OVR’s website for public review beginning August 30, 2024. Virtual meetings will be held via Zoom at 10:00 am and 3:00 pm on Wednesday, September 11, 2024, to provide an overview of the policy and take questions and comments. Please note that the content will be the same in both meetings. The public is invited to comment on the draft policy for 30 days. Comments may be directed to OVR’s Public Comment Resource Account through September 20, 2024.

Meeting Information

CART and sign language interpreters will be available for these meetings via the Zoom link. Additional auxiliary aids and services are available upon request to individuals with disabilities. Please send your request to OVR’s Public Comment Resource Account.

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Image by Werner Moser from Pixabay

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 Block Grant application submission.

This submission will occur in three parts:

  • The Substance Abuse Prevention and Treatment Assessment and Plan;
  • The SUPTRS Report, which will be posted in November; and
  • The Annual Synar Report, which will be made available in December.

These documents can be accessed through the Substance Abuse and Mental Health Services Administration. Use “citizenpa” as the login and “citizen” as the password.

Submit all comments electronically by September 30.

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Image by Dirk Wouters from Pixabay

As part of the Independent Regulatory Reform Commission (IRRC) process for the promulgation of new regulations, the Final Form Regulations for the Psychiatric Rehabilitation Services (PRS) have been posted for review and public comment on the IRRC website. This public comment period runs for 30 days. The comments may be submitted by individuals, organizations, associations, etc. on the impacts of the regulations on the systems and individuals they serve.

The purpose of this final-form rulemaking is to amend Chapter 5230 to allow psychiatric rehabilitation services (PRS) to be provided to individuals who are diagnosed with posttraumatic stress disorder, bipolar disorder, major depressive disorder, or anxiety disorders without going through the exception process and to allow individuals who are 14 years of age or older but under 18 years of age who meet the admission requirements to access PRS. In addition, the final-form rulemaking clarifies the documentation that will be reviewed through the exception process to determine if an individual is eligible for PRS as well as revises outdated language.

The Department convened a work group that included stakeholders to review and provide input on the proposed rulemaking. The work group held face-to-face meetings on November 4, 2015; December 8, 2015; and January 28, 2016, to review the current regulation and provide recommendations for the proposed changes, which RCPA and its members took part in.

At this time, we are seeking any further public comment as it relates to these regulations. RCPA intends to submit comments on behalf of our members, though individuals and organizations may submit comments pertaining to the regulations directly to the IRRC website. Please submit your comments to RCPA COO and Mental Health Policy Director Jim Sharp.

The IRRC hearing on the Final Form Regulation Hearing will be held on September 19, 2024, at 10:00 am. RCPA intends to participate in the hearing to speak to our recommendations. If any member would like to attend and or testify, please contact Jim Sharp.

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