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Public Comment

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The Office of Developmental Programs (ODP) has published the proposed Fee Schedule Rates for services funded through the Consolidated, Community Living, Person/Family Directed Support (P/FDS), and Adult Autism Waivers and Base-Funded Program, residential ineligible services, as well as the accompanying rate assumption logs. These rates are proposed to become effective July 1, 2024.

Comments received by 11:59 pm on June 4, 2024, will be reviewed and considered for revisions. Interested persons are invited to submit written comments regarding the proposed rates. Comments may be submitted to the Department via email, and RCPA will schedule a meeting with our members to develop our comments.

Proposed Fee Schedule Rates and Department-Established Fees for Community-Based Services in the Consolidated, Community Living, and P/FDS Waivers and Base-Funding:

Adult Autism Waiver: 

* The proposed AAW fee schedule rates have not been posted

Comments about rates for services in the Consolidated, Community Living, and P/FDS Waivers and base-funding should be addressed to 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.

Comments about rates for services covered in the Adult Autism Waiver should be addressed to Jamie Bonser, Department of Human Services, Office of Developmental Programs, 625 Forster Street, Room 510, Harrisburg, PA 17120.

We understand that the waiver amendments, including the details regarding Performance-Based Contracting, are scheduled to be published in the PA Bulletin this weekend, and we will share those with members as soon as they are available.

We would like to thank business member Paul Stanalonis for sharing an impact analysis he developed today. Please note that this comparison is based upon the rates that have continued to be in effect throughout COVID, and were not adjusted as originally planned by ODP.

Please contact Carol Ferenz with any questions. A meeting announcement will be sent to members once a date and time is confirmed.

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The Centers for Medicare and Medicaid Services (CMS) has released the fiscal year (FY) 2025 inpatient rehabilitation facility prospective payment system (IRF PPS) proposed rule. The proposed rule will be published in the March 29, 2024, Federal Register. A high-level overview of the proposed rule is provided below:

Payment Updates:

CMS estimates an overall increase in aggregate payments to IRFs by 2.5% or $255 million (compared to the 4% payment update in FY 2024).

Market basket update for IRF services is 3.2%. This will be reduced by a productivity adjustment of 0.4%, which would result in an overall 2.8% increase. These figures are likely to change due to updated forecasts.

CMS is proposing to update the outlier threshold amount from $10,423 (FY 2024) to $12,158 (FY 2025), which would account for an estimated 0.2 percent decrease to aggregate payments across the IRF PPS in FY 2025.

Quality Reporting Program (QRP) Updates:

CMS is proposing to make additions, modifications, and removals of some QRP measures. A proposal was included to collect four new Standardized Patient Assessment Data Elements (SPADE) in the IRF QRP to bolster the collection of information on social determinants of health (SDOH):

  • Living Situation: Requests regarding the current living situation;
  • 2 Food Items: Questions about food running out;
  • Utilities: Questions about threats to shutting off utilities; and
  • A modification to an existing SPADE on Transportation.

CMS is also proposing to remove the “Admission Class” from the IRF Patient Assessment Instrument (PAI).

Feedback is requested on future revisions to the IRF QRP, as well as feedback on the development of a five-star methodology for IRFs.

Additional information will be forthcoming. Comments on the proposed rule are due to CMS by the end of May.

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The Office of Mental Health and Substance Abuse Services (OMHSAS) invites public review of the Fiscal Year 2024 Projects for Assistance in Transition from Homelessness (PATH) grant application on the Mental Health in PA website. The PATH grant, established under the Stewart B. McKinney Homeless Assistance Amendments Act of 1990, assists individuals with serious mental illness facing or at risk of homelessness. The application, submitted annually to the Substance Abuse and Mental Health Services Administration (SAMHSA), is open for public comment until 10:00 am Friday, March 22, 2024. For questions or comments, please contact Lauren MacWithey, Pennsylvania PATH Grant Coordinator.

Additional questions can be sent to RCPA Policy Director Jim Sharp.

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The Department of Aging has released the second draft of Aging Our Way, PA, the department’s name for Pennsylvania’s 10-year strategic plan to support improvement in infrastructure and services for older adults. This second draft is open for a 30-day comment period until March 20. Visit here for details and instructions on submitting comments, and please consider providing feedback on the plan.

If you have any questions, please contact RCPA Policy Director Fady Sahhar.

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The Independent Regulatory Review Commission (IRRC) recently posted a proposed regulation from the Pennsylvania Department of State on behalf of the State Board of Physical Therapy (PT) for consideration.

The State Board of Physical Therapy (Board) proposes to amend §§ 40.1, 40.14, 40.15, 40.61, 40.63, 40.67, 40.163, 40.164, and 40.192. The proposed rulemaking will allow physical therapist (PT) students and physical therapist assistant (PTA) students to sit for the requisite examinations up to 90 days prior to graduation from their respective programs, and it will allow PTs and PTAs to receive a limited amount of continuing education credit for providing clinical instruction to student PTs and student PTAs at clinical facilities affiliated with accredited programs. Additionally, the proposed rulemaking will allow applicants to directly register for the national examination with the examination provider, by removing the requirement that the applicant first seek the Board’s permission. Lastly, it will allow applicants to sit for a third or successive examination, after two failures, without first seeking the Board’s permission.

The amendments will be effective upon notice or publication of the final-form rulemaking in the Pennsylvania Bulletin scheduled for January 27, 2024. The proposed regulation will be open for public comment upon publication, and comments will be accepted through February 26, 2024. Written comments, recommendations, or objections regarding this proposed rulemaking should be sent to Thomas M. Davis, Board Counsel, at P.O. Box 69523, Harrisburg, PA 17106-9523 or by email within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin. Please reference “Regulation No. 16A-6522 (Early Exam, CE for Clinical Instruction, and AAP)” when submitting comments. IRRC comments on the proposed regulation will be due by March 27, 2024.

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The PA Department of Labor & Industry’s Office of Vocational Rehabilitation (OVR) has developed a draft of the Audiological Services policy. The draft will be posted on OVR’s website for public review beginning January 15, 2024. Virtual meetings will also be held via Zoom at 10:00 am and 3:00 pm on Wednesday, February 7, 2024, to provide an overview of the policy and take questions and comments. Please note that content will be the same in both meetings.

The public is invited to comment on the draft policy for 30 days. Comments may be sent electronically through February 16, 2024.

Meeting information:
Wednesday, February 7, 2024
After registering, you will receive a confirmation email containing information about joining the meeting.

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 via email.

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The Workforce Innovation and Opportunity Act (WIOA) requires the governor of each state to submit a four-year unified or combined state plan outlining the state’s workforce development strategy. The plan can be viewed on the Department of Labor and Industry’s website, and the draft for the 2024–2028 plan is available here.

Pennsylvania’s Combined State Plan includes the six WIOA Core programs: Adult, Dislocated Worker, Youth, Wagner-Peyser, Adult Basic Education, and Vocational Rehabilitation. It also includes the following optional programs:

  • Career and Technical Education Programs-Perkins Act
  • Temporary Assistance for Needy Families Program
  • Trade Adjustment Assistance for Workers Programs
  • Jobs for Veterans State Grants Program
  • Senior Community Service Employment Program
  • Reintegration of Ex-Offenders Program
  • Community Services Block Grant
  • Unemployment Insurance

Some specific areas of interest to our members include the following goals:

  • Empowering individuals paid subminimum wages through 14(c) waivers to obtain CIE;
  • Expediting the Integrated Vocational Engagement & Support Team (InVEST) Project to assist individuals with disabilities, families, and community businesses with CIE engagement, supports, and services/resource coordination;
  • Increasing competitive integrated employment (CIE) opportunities for individuals with disabilities;
  • Increasing transition services for students with disabilities; and
  • Increasing statewide collaboration with the Bureau of Special Education (BSE) and the Office of Developmental Programs (ODP) to expand Pre-ETS across Departments.

Public comments will be accepted on Pennsylvania’s WIOA Combined State Plan until 5:00 pm on Tuesday, January 16, 2024. Please submit your comments electronically. Written comments may also be submitted by mail to:

PA Workforce Development Board
651 Boas Street | Room 514
Harrisburg, PA 17121

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The Pennsylvania Department of Human Services (DHS) is developing an 1115 Medicaid program, Bridges to Success: Keystones of Health for Pennsylvania (Keystones of Health). DHS hopes to use this program to make health care more accessible, improve quality of care and services, and design and evaluate innovative strategies in health care to help people live healthier lives. The department’s goal and vision for the waiver is to address Pennsylvania’s Medicaid participants’ health-related social needs with interventions that are both lifesaving and cost saving. Visit the Keystones of Health web page for more details.

Keystones of Health will focus on four key areas:

  • Reentry from correctional facilities;
  • Housing supports;
  • Food and nutrition supports; and
  • Multi-year continuous eligibility for children up to age 6.

DHS is offering the public the opportunity to come to virtual forums to learn more about Keystones of Health and the proposed services. During the forums, the public will be able to ask questions and submit comments. If you are interested in joining the public forums, the information is below:

Public Forum 1

  • Date: Monday, December 11, 2023
  • Time: 12:00 pm – 1:00 pm
  • Register for Session 1
  • Join by phone: 312-626-6799; Webinar ID: 982 3951 9594

Public Forum 2

  • Date: Tuesday, December 12, 2023
  • Time: 6:00 pm – 7:00 pm
  • Register for Session 2
  • Join by phone: 312-626-6799; Webinar ID: 980 3834 3590

Public Forum 3

  • Date: Friday, December 14, 2023
  • Time: 9:00 am – 10:00 am
  • Register for Session 3
  • Join by phone: 312-626-6799; Webinar ID: 951 7040 4572

Please register to participate virtually. When you register, there will be an option to add the Public Forum to your calendar. Registration is not necessary to join by phone. Closed captioning will be provided during each public forum.

DHS also invites you to submit written comments on the draft application from December 2, 2023, through January 2, 2024, through the Public Comment Form.

View the Press Release

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