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Tags Posts tagged with "Public Comment"

Public Comment

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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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Image by Dirk Wouters from Pixabay

The PA Department of Human Services (DHS) Office of Children, Youth and Families (OCYF) has issued a bulletin on the Draft Needs-Based Plan and Budget Guidelines for FY 2026/27. OCYF is seeking comment and feedback to be sent electronically by June 14. The subject of the email should state “Draft NBPB Comments.”

If your organization submits comments regarding this bulletin, please copy RCPA Policy Associate Emma Sharp on your responses. For members of the RCPA Children’s Residential Services Committee, please contact Emma Sharp for thoughts or guidance that will be included in the RCPA Bulletin Comments.

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Image by Werner Moser from Pixabay

The Office of Developmental Programs (ODP) is hosting a series of public comment webinars to provide an overview of how ODP proposes to implement Performance-Based Contracting (PBC) for Supports Coordination (SC) services, effective January 1, 2026. Additional proposed changes to the Consolidated, Person/Family Directed Support (P/FDS), and Community Living Waivers that are not related to Performance-Based Contracting will also be covered.

Preregistration is required. Registered participants will have the opportunity to provide verbal comments during the session. Each session will also be held for specific stakeholder groups.

The SCO meeting will be held May 6, 2025, at 1:00 pm – 2:30 pm. You can register here.

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The Office of Developmental Programs (ODP) has shared ODPANN 25-041, which informs all interested stakeholders of the opportunity to submit public comments on:

  • Performance-Based Contracting for Supports Coordination services scheduled to take effect January 1, 2026. This includes:
    • Proposed changes to the 1915(b)(4) waiver and Consolidated, Community Living, and P/FDS waivers related to Performance-Based Contracting;
    • Proposed Implementation Plan for Performance-Based Contracting for Supports Coordination;
    • Proposed rates effective July 1, 2026, for Supports Coordination Organizations that meet criteria for the Select tier; and
    • Proposed changes to the Targeted Support Management State Plan.
  • Additional waiver amendments (not related to Performance-Based Contracting) to the Consolidated, Community Living, and P/FDS waivers scheduled to take effect January 1, 2026.

The public comment period starts on April 19, 2025, and ends on May 26, 2025, at 11:59 pm for all proposed changes in this communication. Please view the announcement for additional information and details.

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