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Telehealth

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The Pennsylvania Department of State (DOS) has reversed course and extended its waiver allowing for an initial prescription of buprenorphine without an in-person physical exam. DOS had announced previously that the waiver would expire on June 30, 2022; however, DOS’s waiver will now continue until the last day of the federal public health emergency declaration, unless the exemptions are ended sooner by the Substance Abuse and Mental Health Services Administration (SAMHSA) or the US Drug Enforcement Administration (DEA).

On Sept. 4, 2020, DOS issued a waiver suspending the State Board of Medicine’s regulation at 49 Pa. Code § 16.92(b)(1), which requires an initial physical examination of a patient prior to prescribing buprenorphine for the treatment of opioid use disorder. This waiver was sought specifically to complement the Department of Drug and Alcohol Programs’ (DDAP) suspension of 28 Pa. Code § 715.9(a)(4) and “relates to Federal exemptions granted under the Federal public health emergency (PHE) declaration,” specifically the exemptions granted by the federal Substance Abuse and Mental Health Services Administration (SAMHSA) and the U.S. Drug Enforcement Agency (DEA).

Therefore, in accordance with section 2102-F(a.3) of the Pennsylvania Administrative Code of 1929 (amended by Act 14 of 2022), the Department of State’s waiver will continue until the last day of the federal public health emergency declaration, unless the exemptions are ended sooner by SAMHSA or the DEA. This waiver will not expire on June 30, 2022. More information about the federal public health emergency can be found here.

It is important to note that, to be considered within the acceptable and prevailing standard of care, the physician/prescriber must be following the applicable SAMHSA/DEA guidelines.

Pennsylvania has not received notification that the PHE will be terminated on July 15. The commonwealth expects the PHE to be extended again. If this occurs, this waiver and others tied to or related to the PHE will be extended until mid-October 2022.

Additional information:

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The Centers for Medicare and Medicaid Services (CMS) has been sharing information and bringing awareness about the Affordable Connectivity Program (ACP), a Federal Communications Commission (FCC) program. This new long-term program can assist individuals who use telehealth services to help lower the cost of broadband service for eligible households struggling to afford internet service.

The ACP provides:

  • Up to $30/month discount for broadband service;
  • Up to $75/month discount for households on qualifying tribal lands; and
  • A one-time discount of up to $100 for a laptop, desktop computer, or tablet purchased through a participating provider if the household contributes more than $10 but less than $50 toward the purchase price.

The ACP is limited to 1 monthly service discount and 1 device discount per household.

Who’s Eligible?

An individual’s household is eligible for the ACP if the household income is at or below 200 percent of the Federal Poverty Guidelines or if a member of the household meets at least 1 of the criteria outlined on the FCC’s website.

Individuals can enroll in two steps by:

  1. Going to ACPBenefit to apply online or print a mail-in application; and
  2. Contacting their preferred participating ACP provider to select a plan, who will apply the discount to the patient’s bill.

Some ACP providers may request individuals to complete an alternative application. Eligible households must apply for the program and contact a participating provider to select a service plan.

For Additional Information:

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RCPA and our Delta Center Grant partner, the Pennsylvania Association of Community Health Centers (PACHC), invite people with first-hand experience and advocates using or trying to use telehealth services to share your experiences.

The discussions and subsequent recommendations will guide the PA Delta Center team in its advocacy in developing regulations, bulletins, and practices that ensure equity and access to services for all communities. These forums are to bring advocates and stakeholders to the table to provide life experience and perspectives that can shape policy development. We hope you will join us for one of these events, as your participation will be key to our ongoing work in ensuring a healthy and sustainable telehealth footprint in Pennsylvania.

People who are volunteering to join the forum for free will be paid a stipend of $20/hour for their time or given an equivalent in a gift card.

To register for the first forum on March 16, visit here.

To register for the second forum on March 30, visit here.

If you have any questions, please contact Sarah Eyster of RCPA.

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