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Public Comment

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The Department of Drug and Alcohol Programs is providing the opportunity for public comment on the Pennsylvania Substance Abuse Prevention and Treatment Block Grant (SABG) submission. This submission will occur in three parts: the Substance Abuse Prevention and Treatment Assessment and Plan, or Mini-Application, which is currently available in draft and available for review; the SAPT Report, which will be posted in November; and the Annual Synar Report, which will be made available in December.

These documents can be accessed utilizing “citizenpa” as your login and “citizen” as your password. Please submit all comments by Thursday, September 30.

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Message from the Department of Human Services:

As you may know, the American Rescue Plan of 2021 (ARP) provides a temporary 10% increase to the federal medical assistance percentage (FMAP) for certain Medicaid expenditures for home and community-based services (HCBS). The funding must be used to enhance, expand, or strengthen HCBS beyond what is available under the Medicaid program as of April 1, 2021.

On Monday, June 14, the Department of Human Services (DHS) submitted a preliminary spending plan to the Centers for Medicare & Medicaid Services (CMS) that serves as a foundation for Pennsylvania’s planning efforts by outlining our principles and overarching priorities. The preliminary plan encompasses many of the stakeholder recommendations that have been made to date. The overarching priorities include:

  1. Increasing access to HCBS;
  2. Enhancing HCBS provider payment rates and benefits;
  3. Protecting the health and well-being of direct care workers and direct support professionals through the provision of supplies and equipment;
  4. Recruitment and retention efforts to support the workforce;
  5. Supporting caregivers;
  6. Assistive technology and other supports to improve functional capabilities of persons with disabilities;
  7. Supporting the transition of individuals to community-based living arrangements;
  8. Investing in activities to address Mental Health and Substance Use Disorder treatment and recovery needs of Medicaid beneficiaries; and
  9. Building HCBS capacity and rebalancing Long-term Services and Supports.

With these priorities in mind, we hope to hear more from stakeholders about Pennsylvania’s efforts as we continue to flesh out the details of our plan to strengthen, enhance, and expand HCBS. Comments must be submitted by close of business on July 6.

Please visit the public comment overview as well as Pennsylvania’s preliminary spending plan for further information. Your comments can be submitted via email. Additionally, a live virtual public comment session will take place on Wednesday, June 30 at 10 am for those who are unable or prefer not to submit written feedback. More information about how to RSVP for this session will be available soon.

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The Office of Developmental Programs (ODP) has issued Announcement 20-106 in order to release the non-residential service locations that have been identified as requiring an onsite Heightened Scrutiny review from ODP. ODP is requesting public comment regarding these service locations and is asking stakeholders to identify any other settings that meet the criteria provided in the announcement.

Additionally, ODP is releasing for public comment the Heightened Scrutiny Onsite Tools (Attachments 2 and 3) that will be used during the onsite visit to determine compliance with the Home and Community-Based Services (HCBS) Settings Rule as well as with ODP’s policies and regulations.

The purpose of these onsite reviews will be to determine whether each service location can overcome the institutional presumption by either showing proof that the requirements contained in the HCBS rule and state regulations in 55 Pa. Code Chapter 6100 are currently met or by ensuring that the requirements will be met within a timeframe specified by ODP (but no later than March 17, 2022). If ODP determines that the service location does not currently meet the requirements but has a plan to meet them within the timeframe specified by ODP, the service location must be submitted to the Centers for Medicaid and Medicare Services (CMS) for a Heightened Scrutiny review. CMS will then determine whether the service location has the qualities of a home and community-based setting or that of an institution.

These documents will be out for public comment for 30 days; comments will be accepted until 11:59 pm on Monday, November 23,2020. Please send electronic comments here. If electronic comments are being submitted, it is recommended to provide comments directly on the documents and to track the changes in the documents where edits are being suggested.

If written comments are being submitted, please address and send the written comments to Katie-Marie Wilson, Department of Human Services, Office of Developmental Programs, 625 Forster Street, Room 510, Harrisburg, PA 17120.

More information published by CMS on the HCBS rule, including Heightened Scrutiny requirements, can be found here.

The Residential and Non-Residential Home and Community-Based Services (HCBS) Provider Settings Self-Assessment Reports can be accessed via ODP Announcement 19-149.

For questions pertaining to this announcement, please send an email.

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