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Public Comment

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The Independent Regulatory Review Commission (IRRC) has released their comments on the proposed rulemaking for the Mental Health Procedures Act. The IRRC summarized the questions and concerns that were submitted by legislators, providers, and stakeholders during the public comment period and made recommendations for clarity. The Department of Human Services (DHS) must consider and respond to the IRRC’s comments and all comments submitted during the comment period as they prepare their final form regulations.

The majority of the comments were in regard to proposed “Section 5100.33. Patient’s access to records and control over release of records,” where commentors voiced concern of potential conflict with existing statutes. The IRRC also responded to the legislative comments from Rep. Doyle Heffley, Republican Chairman of the House Human Services Committee, who emphasized the importance of resolving the questions asked by providers and stakeholders.

Please contact RCPA Policy Associate Emma Sharp with any questions.

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The Department of Human Services (DHS) is making available for public review and comments the Office of Long-Term Living’s (OLTL) proposed amendment for the Community HealthChoices (CHC) waiver and the proposed renewal of the OBRA waiver. The proposed amendment of the CHC waiver and renewal of the OBRA waiver will be effective July 1, 2026.

DHS is proposing the following changes to the CHC waiver:

  • Add a teleservice option to the following waiver services:
    • Behavior therapy.
    • Benefits counseling.
  • Add language to specifically address teleservice delivery of waiver services and the Home and Community- Based Settings (HCBS) rule based on sections added to the waiver application.
  • Remove and modify outdated language throughout waiver.

The proposed CHC waiver amendment and a summary of all revisions are available for review here.

Written comments regarding the proposed renewal to OBRA should be sent to the Department of Human Services, Office of Long-Term Living, Bureau of Policy Development and Communications Management, Attention: Keeley Anglin—CHC Waiver Amendment, P.O. Box 8025, Harrisburg, PA 17105-8025. Comments can also be sent via email. Use ”CHC Waiver Amendment” as the subject line. Comments received within 30 days will be considered in subsequent revisions to the proposed amendment.

DHS is proposing the following changes to the OBRA waiver:

  • Add a teleservice option to the following waiver services:
    • Behavior therapy.
    • Benefits counseling.
  • Revise outdated language regarding the OLTL quality improvement strategy and quality monitoring processes.
  • Add language regarding the need for a Service Coordinator to reassess a participant due to a trigger event.
  • Add language to specifically address teleservice delivery of waiver services and the Home and Community-Based Settings (HCBS) rule based on new sections in the waiver application.
  • Add language to comply with the Centers for Medicare and Medicaid Services (CMS) Ensuring Access to Medicaid Services Final Rule (Access Rule) to update the complaint process for the fee-for-service waiver and update the timeframe to resolve a complaint from 45 to 60 days due to the additional requirements of the Access Rule.
  • Update OLTL’s goals for unduplicated number of waiver participants who are expected to elect participant direction.
  • Modify performance measures AA-2 and QP-2 and divide SP-5 into three separate performance measures: SP-5 (amount, frequency and duration), SP-9 (type) and SP-10 (scope).
  • Remove and modify outdated language throughout waiver.

The proposed OBRA waiver renewal and a summary of all revisions are available for review here.

Written comments regarding the proposed renewal to OBRA waiver should be sent to the Department of Human Services, Office of Long-Term Living, Bureau of Policy Development and Communications Management, Attention: Keeley Anglin—OBRA Waiver Renewal, P.O. Box 8025, Harrisburg, PA 17105-8025. Comments can also be sent via email. Use ”OBRA Waiver Renewal” as the subject line. Comments received within 30 days will be considered.

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The Centers for Medicare and Medicaid Services (CMS) released an Advance Notice of Proposed Rulemaking (ANPRM) to obtain public feedback on potential approaches to strengthen the American-made supply chain for personal protective equipment (PPE) and essential medicines. Building on lessons learned during the COVID-19 public health emergency (PHE), CMS is exploring ways to reduce reliance on foreign-made medical supplies and enhance the nation’s readiness for future emergencies while supporting American workers and manufacturers.

The proposed rule requests comments on new avenues CMS may consider promoting domestic purchasing by hospitals that participate in the Medicare program, including the potential creation of a new “Secure American Medical Supplies” designation for hospitals committed to American-made purchasing and streamlined payment approaches to help offset the resource costs of domestic procurement.

Comments on the ANPRM are due by March 30, 2026.

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The Office of Developmental Programs (ODP) is pleased to invite public comment on proposed changes for the renewal of the Adult Autism Waiver (AAW). The Centers for Medicare and Medicaid Services (CMS) approves waivers for a five-year period, and the current AAW expires on June 30, 2026. Therefore, ODP must submit a renewal for the AAW to CMS no later than April 1, 2026. The AAW renewal is anticipated to be effective on July 1, 2026. The public comment period starts on January 17, 2026, and ends on February 16, 2026, at 11:59 pm.

As part of this process, ODP is seeking your valuable feedback and comments on the AAW. Proposed substantive changes include:

  • Separating out Life Sharing and Residential Habilitation: Community Homes as distinct services.
  • Removing the lifetime funding limit on Assistive Technology devices and replacing it with a $3,000 annual limit. Participants who need Assistive Technology that exceeds this limit may request an exception.
  • Extending the re-authorization period for Career Planning services from 90 days to 6 months and removing time limitations for the Supported Employment service.
  • Clarifying the components of the Specialized Skill Development (SSD) service.
  • Removing Speech/Language service component from the Therapy service.
  • Enhancing Home Modification service to include additional allowances.

The proposed changes discussed in the section above are available to help all interested persons provide public comment. Public comments will be accepted via email, written comments, and verbal comments during a webinar held on February 9, 2026. All comments received by 11:59 pm on February 16, 2026, will be reviewed and considered for revisions to the AAW submitted to CMS.

Please review ODPANN 26-011 for more details.

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The Independent Regulatory Review Commission (IRRC) has published their comments on the proposed Licensure of Crisis Intervention Services regulations, summarizing the comments submitted by the stakeholder community during the public comment period. As part of the IRRC’s regulatory process, OMHSAS will have to address and clarify any questions that have been submitted.

Similar to RCPA’s public comments, the IRRC response highlights concerns regarding the proposed rulemaking in the following areas:

  • Potential issues with “one-size-fits-all” approach to crisis intervention.
  • Lack of availability of qualified staff and how to pay for them.
  • Elimination of an “in-between” level of care by imposing hospital-like standards that do not align with current outpatient structures.
  • Possibility of inadequate government funding to cover providers’ implementation costs.
  • Lack of inclusion and integration with law enforcement, first responders, 911 operators, and 988 lifeline centers.

In support of RCPA’s recommendation, the IRRC comments also urge the Department to reconvene the stakeholder work group that had been assembled in 2021, especially given the drastic shift in the mental health landscape that has occurred since the group last met.

Please contact Emma Sharp with any questions.

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The Office of Mental Health and Substance Abuse Services (OMHSAS) has released the proposed Mental Health Procedures regulations, which are open for public comment. The posting on the Independent Regulatory Review Commission (IRRC) website can be found here.

The proposed regulations are to be in compliance with Act 32 of 2022. OMHSAS is choosing to go beyond the updates required by Act 32 and is doing a full alignment of the chapter with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to increase the clarity of the regulations for stakeholders.

Starting December 6, 2025, and closing January 5, 2026, 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 comment on the regulation. However, please ensure you are comfortable with the content of your comment being made public, with your name attached to it.

RCPA has conducted an internal review of the proposed regulations and is seeking member feedback and comments to be included in our submission. Members are encouraged to review and provide recommendation and guidance on the impacts of the proposed regulations on your organization.  Agencies may submit separately or in conjunction with RCPA.

Comments may also be submitted to RCPA COO and Mental Health Policy Director Jim Sharp by January 2, 2026, OR to the following address:

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

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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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