Coalition for Choice Submits Comments on Proposed OBRA and CHC Waiver Amendments
Public Comment
ANCOR Shares Message on Advocating for SOC for DSPs
OMHSAS to Present PRTF Regulatory Overview
The Bureau of Children’s Behavioral Health Services is pleased to invite stakeholders to an informational webinar. This webinar, scheduled for Thursday, July 25, 2024, at 1:00 pm, will highlight significant sections of the proposed Psychiatric Residential Treatment Facility (PRTF) regulations prior to the public comment period. Please note that comments and questions will not be addressed as part of this webinar but may be submitted during the public comment period.
The proposed PRTF regulations will codify the minimum licensing standards and Medical Assistance (MA) participation requirements and payment conditions for PRTFs that provide medically necessary behavioral health treatment to children, youth, or young adults under 21 years of age with a behavioral health diagnosis. Questions/comments about this webinar should be submitted electronically. If you have any additional questions, please contact RCPA CCO and MH Policy Director Jim Sharp.
View the details below to join the webinar:
Microsoft Teams Need help?
Join the Meeting
Meeting ID: 268 368 479 297
Passcode: q2SZFu
Dial in by phone
+1 267-332-8737,,363691933# United States, Philadelphia
Find a local number
Phone conference ID: 363 691 933#
ISAC Performance Review Subcommittee and ODP Updates
Today, both the ISAC Performance Review Subcommittee and the Medical Assistance Advisory Committee (MAAC) meetings were held. During these meetings, the Office of Developmental Programs (ODP) announced that as a result of public comments received regarding Performance-Based Contracting, some adjustments are being made to the plans. Tomorrow, ODP will release an announcement with more details, but for now, we know the following:
- Residential providers will be offered a choice of when they are assigned into a tier. This will be based on which data they chose for ODP to review and make a tier determination upon. The choices will be:
- Calendar year 2023 data reviewed with notification of tier assignment occurring in November, to be effective January 1, 2025 – June 2026; or
- Review of Calendar year 2024 data with notification of tier assignment occurring in May, to be effective July 2025 – July 2026.
ODP plans to submit the proposed waiver to CMS on July 19, 2024.
In addition, the presentation from the MAAC meeting can be found here.
Documents from the Performance Review Subcommittee can be found below:
OLTL Releases Waiver Amendments for Public Comment
The Office of Long-Term Living (OLTL) has announced two waiver amendments that are open for public comment. The amendments detail the Community HealthChoices (CHC) waiver renewal and the OBRA waiver amendments. Information on the CHC waiver and OBRA waiver are available individually as well as in the June 15, 2024, PA Bulletin. Comments are due July 15, 2024.
Those interested in submitting comments can do so in the following ways:
- For the CHC waiver:
- Send a letter to the Department of Human Services, Office of Long-Term Living, Bureau of Policy Development and Communications Management, Attention: Keeley Anglin—CHC Waiver Renewal, PO Box 8025, Harrisburg.
- Submit comments to the department via email. Use “CHC Waiver Renewal” in the subject line.
- Please use the CHC Waiver Comment Form.
- For the OBRA waiver:
- Send a letter to the Department of Human Services, Office of Long-Term Living, Bureau of Policy Development and Communications Management, Attention: Keeley Anglin—OBRA Waiver Amendment, PO Box 8025, Harrisburg.
- Submit comments to the department via email. Use “OBRA Waiver Amendment” as the subject line.
- Please use the OBRA Waiver Comment Form.
Comments received by July 15, 2024, will be considered in subsequent revisions to the proposed renewal and amendment. For more information, please contact Fady Sahhar or Melissa Dehoff.
SOC Revision Process Beginning — Public Comment Period Open Until August 12
ANCOR has shared that the first step to revise the Standard Occupational Classification process has begun. Today the Office of Management and Budget (OMB), on behalf of the Standard Occupational Classification Policy Committee (SOCPC) — which is the committee that makes recommendations to OMB for potential revisions — announced it is beginning the review of the 2018 Standard Occupational Classification (SOC) Manual for revisions to be made for 2028, and that it is soliciting public comment.
This is an opportunity to write comments in support of revisions to the SOC, in particular for the creation of a code for direct support professionals. In its notice for comments, OMB specifically notes that it “solicits and welcomes comments related to any aspect of occupational classification, especially comments concerning . . . whether to consider the addition of new detailed occupations or occupational groups, including specifically care workers.”
The public comment period is open until August 12, 2024. ANCOR will be submitting comments and providing additional guidance and tools to submit comments in the coming weeks.
For more information, the notice is available on the Federal Register website.
RCPA Submits Comments to ODP on Proposed Implementation of PBC
RCPA has gathered feedback from our members in multiple forums and attended several listening sessions hosted by the Office of Developmental Programs (ODP) in order to hear and compile public comments on the proposed implementation of performance-based contracting (PBC) for Residential Services and waiver amendments to the Consolidated, Community Living, and Person/Family Directed Waivers. After reviewing all of the available information, we have submitted our comments to ODP.
Our members support the ideal of assuring quality services for individuals with ID/A that are integrated and person centered, enabling individuals to experience more independence and choices in their lives. Additionally, we are in favor of limiting the provider pool to only those providers that are able to demonstrate quality service provision.
RCPA wants to support this program for two reasons. First, any initiative by ODP that focuses on improving quality in the system is something we all should stand behind. Second, alternative reimbursement strategies with enhanced rates and additional funding based on quality and outcomes is certainly more innovative and progressive than traditional fee-for-service. It is time for the IDD system to move toward reimbursement policies that reward providers who are progressive in their service provision.
We are, however, concerned about the speed with which this incredibly complex systemic change is proposed to occur, and the amount of performance standards and measures proposed in this plan.
RCPA’s complete letter can be read here. For any questions, contact Carol Ferenz, Director, IDD Division.
One Week Left to Submit Comments on ODP’s Proposed Implementation of Performance-Based Contracting
As a reminder, the public comment period ends next Tuesday, June 4, 2024, for the proposed implementation of Performance-Based Contracting for Residential Services, Waiver amendments, and proposed rates for services, which are effective July 1, 2024.
RCPA staff have participated in various listening sessions and met with members to hear your concerns regarding the proposed changes and rates. We will be sending our comments later this week and want to be sure that we are representing your interests. Please contact Carol Ferenz with any thoughts you have regarding these significant changes by close of business Wednesday, May 29, 2024.
Thank you for sharing your concerns. We strongly recommend that you take advantage of this opportunity to provide your own comments to ODP as well.
Legislative Feedback Requested for Bill for PA to Join Interstate Counseling Compact
Last week, House Bill 2300 was referred to the House Professional Licensure Committee. HB 2300: Legislative Package to Join the National Counseling Compact & Changes to Behavioral Specialists (Former HB 2852), allows Pennsylvania to join the Counseling Compact, enabling Licensed Professional Counselors (LPC) to practice across state lines without needing additional licenses. This change aims to improve access to mental health services by supporting telehealth, allowing LPCs to provide remote counseling. The compact also mandates standardized licensure requirements, including a 60 semester-hour master’s degree, a nationally recognized exam, and supervised postgraduate experience. RCPA is seeking member input as we develop our position on the legislation.
The Compact establishes a data system for sharing licensure and disciplinary information among member states, enhancing oversight and public safety. It mentions granting authority to member states to take actions against LPCs who violate regulations and creates the Counseling Compact Commission to oversee the implementation and administration. These changes ensure consistent standards for mental and behavioral health providers, increasing mobility and the availability of BH services.
As RCPA reviewed the details of this piece of legislation, one item of interest was that the bill entails the creation of a commission in Pennsylvania that will need to be funded. In the past, portions of commission operating costs have been realized by an increase in licensing fees. It is important to note that RCPA has not yet seen any fiscal package associated with the bill.
We ask that members review the bill and provide commentary as well as an organizational position of support, neutrality, or non-support. Please contact RCPA COO and Policy Director Jim Sharp with any feedback or questions.
ISAC Information and April Meeting Materials Now Available
The Information Sharing and Advisory (ISAC) Committee for the Office of Developmental Programs (ODP) met on Tuesday, April 23, 2024. Deputy Secretary Ahrens gave an update and reminded members that on Friday, April 19, 2024, ODP published two very important announcements:
- ODP Announcement 24-038: Open for Public Comment: Proposed Waiver Amendments and Rates for Services Funded Through the Adult Autism Waiver (AAW); and
- ODP Announcement 24-039: Open for Public Comment: Proposed Implementation of Performance-Based Contracting for Residential Services, Waiver Amendments to the Consolidated, Community Living, and Person/Family Directed Waivers, and Rates.
Public comments are due June 4, 2024, for both of these announcements.
The proposed rates will be dependent on the governor’s budget passing with the proposed increases for ODP services remaining intact. Deputy Secretary Ahrens urged all stakeholders to advocate with legislators to keep this funding in the budget. Governor Shapiro has been visiting programs and sharing publicity about the importance of these services.
The Deputy Secretary also reviewed the current plans for Performance-Based Contracting for Residential Services with ISAC members. ODP has shared provider preparedness tools with the Residential Strategic Thinking Group for their feedback before publishing the provider preparedness tools and holding provider forums to support providers as they get ready for PBC implementation.
Provider preparedness tools include a Residential Provider Performance-Based Contracting Preparedness Assessment, which comes with a template to support providers developing plans to improve performance on the standards ahead of implementation in January 2025.
Once comments are reviewed and analyzed and any revisions made, the waiver application and amendments will be submitted to the Centers for Medicare & Medicaid Services (CMS) for review, and negotiations implementation target date is January 1, 2025.
RCPA is holding a meeting with our members to develop comments for submission to ODP on Thursday, May 9, 2024, from 9:30 am – 12:00 pm. We ask that you register for this meeting here in order to share your thoughts and help us as we develop our response.
For any questions, please contact Carol Ferenz.
