RCPA Submits Regulatory Review and Recommendations to Key Legislators and Others
Regulatory Review
IRRC Grants RCPA Request for IBHS Regulatory Review
The Pennsylvania Independent Regulatory Review Commission (IRRC) has approved RCPA’s request to review the RCPA IBHS Regulatory Review Recommendations within the context of the current IBHS regulations.
The premise of the recommendations addresses the challenges and barriers IBHS providers have faced in creating the staffing infrastructures and meeting the burdensome operational protocols for regulatory compliance. The overreaching nature of the regulations, coupled with the impact of the pandemic, has caused great strain on an already depleted behavioral health workforce. These system stressors limit the ability to provide vital, quality services to children and families. Due to the prohibition for the use of waiting lists, it is difficult to capture the true number of children and families going without these essential services. We contend there are thousands of children across the Commonwealth with unmet treatment needs and written orders for IBHS services who await care.
The current lack of access to care is a result of the workforce crisis and operational requirements of implementing the regulations. We feel these access issues and children waiting for services are compelling reasons, in the interest of the public, to merit a review of the regulations. We have also provided these recommendations to OMHSAS, the HealthChoices BHMCOs, and leadership in the Pennsylvania General Assembly.
RCPA extends its gratitude to our members and those who have supported this process as well as the IRRC for their review. There is no current timeframe for the review, as there are many other, similar regulatory review requests on the docket. With that said, we remain vigilant in our efforts and seek partnership and collaboration with all stakeholders to address the current crisis.
If you have any questions, please contact RCPA Mental Health Policy Director Jim Sharp.
SUD Confidentiality, Regulatory Review Bills Pass House Human Services Committee
The House Human Services Committee passed three key bills today.
House Bills 1561 and 1563 were passed unanimously out of committee. Both bills will align Pennsylvania’s confidentiality laws with federal laws. HB 1563 will effectively eliminate 4 Pa. Code § 255.5. The full House is scheduled to consider both bills tomorrow. RCPA supports both bills.
In addition, House Bill 1995 passed out of committee on a 15-10 party-line vote in which no Democrats voted for the bill. The bill would require the Department of Drug and Alcohol Programs (DDAP) to promulgate regulations in instances where DDAP is implementing new or additional licensing requirements for drug and alcohol providers; new or additional drug and alcohol staff credentialing requirements; new or additional drug and alcohol counselor staffing ratios; and new or major programmatic changes and requirements imposed on drug and alcohol facilities. HB 1995 was drafted in response to requirements that go well beyond ASAM Criteria and are being implemented by DDAP as part of its transition to the ASAM Criteria.
RCPA supports the commonwealth’s transition to ASAM Criteria but does not support the overreaching Pennsylvania-specific mandates. RCPA today issued a press release supporting HB 1995.
In a related matter, on Thursday, October 28, the Commonwealth Court of Pennsylvania will hear the Drug and Alcohol Service Providers Organization of Pennsylvania’s (DASPOP’s) lawsuit against DDAP and the Department of Human Service in its bid to stop the ASAM transition.
Contact Jason Snyder, Director of RCPA’s Drug and Alcohol Division, with any questions.
Newly Introduced Legislation Would Force PA-Specific Requirements of ASAM Through Regulatory Review
Rep. Carrie Lewis DelRosso introduced legislation yesterday that would require the Department of Drug and Alcohol Programs to promulgate regulations in any of the following instances that affect licensed drug and alcohol treatment providers:
- The implementation of new or additional licensing requirements for drug and alcohol facilities;
- The implementation of new or additional drug and alcohol staff credentialing requirements;
- The implementation of new or additional drug and alcohol counselor staffing ratios; and
- The implementation of new or major programmatic changes and requirements imposed on drug and alcohol facilities, including the requirement of adding programs that significantly increase the cost of delivering care and meeting staffing requirements.
The legislation includes any proposed regulatory requirement not currently in effect or any regulatory requirement that the General Assembly has delayed through legislation, meaning the PA-specific requirements of the ASAM transition could not be implemented until approved through a regulatory review process.
The House Human Services Committee is scheduled to vote on the bill Tuesday, October 26. Rep. Frank Farry, Chairman of the Committee, is a co-sponsor of the bill.
If the bill becomes law before January 1, it would bring much needed relief to a treatment system already struggling with major workforce issues and chronic underfunding.
Contact Jason Snyder, Director of RCPA’s Drug and Alcohol Division, with any questions.