The following is an update of selected state health policy developments in Pennsylvania for the week of October 24-28, 2022.  (Some of the language used below is taken directly from state documents.)

Governor Wolf

Governor Wolf signed House Bill 1630 into law earlier today.  Act 98, as it is now known, gives the Pennsylvania Auditor General authority to audit and review pharmacy benefit managers (PBMs) that subcontract with Medicaid managed care organizations.  In addition, the bill abrogates a number of regulations to permit the following:

  • audio-only outpatient psychiatric services
  • telehealth services in outpatient drug and alcohol clinic services
  • virtual supervision for psychiatric rehabilitation services
  • physician assistants and nurse practitioners to order home care, home health services, and personal care services under the supervision of a physician

House Chamber of the State HouseGeneral Assembly

The state House and Senate convened for session this week.  The following is an overview of selected health-related legislation that received consideration.

  • The Senate unanimously passed House Bill 2293, which requires the registration and oversight of contract health care service agencies that provide temporary employment in certain health care facilities, and sent it to the governor for his signature.
  • The Senate also unanimously passed House Bill 1393, which seeks to prevent overdose deaths by legalizing fentanyl test strips for personal use, and sent it to the governor for his signature.
  • The House passed Senate Bill 225, which seeks to streamline and standardize the process for prior authorization of medical services, on third and final consideration Wednesday.  The Senate subsequently voted to concur with the House amendments and sent it to the governor for his signature.
  • The House passed Senate Bill 522, which requires all pregnant women and children in Pennsylvania to receive blood tests to detect lead poisoning, on third and final consideration Wednesday.  The Senate concurred with the House amendments and sent it to the governor for his signature.
  • The Senate passed House Bill 2527, which expands Pennsylvania’s “Good Samaritan” law to cover all opioid reversal medicines approved by the FDA, on third and final consideration and sent it to the governor for his signature.
  • The Senate passed House Bill 220, which specifies that a person does not need to test positive for drugs to begin addiction treatment.  The House subsequently concurred with the Senate’s amendment, which added language that enables counties to establish overdose death or suicide review teams, and sent it to the governor for his signature.
  • The Senate unanimously passed House Bill 2800, which amends the Medical Practice Act to address an issue related to the licensure of prosthetists, orthotists, pedorthists, and orthotic fitters in Pennsylvania, and sent it to the governor for his signature.
  • The Senate passed Senate Bill 358, which categorizes maternal deaths and severe maternal morbidity complications as reportable events within the Department of Health and requires the Maternal Mortality Review Committee to submit a report including each reportable event to the Department of Health.  The bill was received in the House and referred to the Health Committee.

The state House and Senate are now in recess until the week on Monday, November 14.

Department of Health

Pennsylvania’s Independent Regulatory Review Commission has approved the first significant revision of the state’s nursing home regulations since the late 1990s.  Among other things, the updated regulations call for higher levels of nurse staffing and publication of changes in the ownership of nursing homes.  The Department of Health also will have to take a more rigorous approach to determining whether it will accept or reject such transactions.  Learn more from this Philadelphia Inquirer article.  A formal notice of the adoption of these new rules should be published shortly in the Pennsylvania Bulletin.

The Department of Health has lowered the age at which individuals may request a copy of their birth certificate in Pennsylvania from 18 to 16 and introduced a new waiver to enable individuals aged 16-24 who are, or have been, involved in foster care or juvenile justice to obtain their birth certificate without the $20 fee; the same fee waiver will apply to homeless persons.  Learn more from this Department of Health news release.

Department of Human Services

  • The federal Centers for Medicare & Medicaid Services (CMS) has approved Pennsylvania’s application to extend Medicaid and CHIP eligibility for newborns and their mothers to 12 months of postpartum care, an option temporarily available to states under the American Rescue Plan.  Learn more from this CMS news release.
  • The Department of Human Services (DHS) has issued the publication “5 Things to Know About the End of the Federal Public Health Emergency.”  While the Medicaid-focused publication is primarily directed to consumers, it includes explanations providers can use when interacting with Medicaid patients and resources to which those who work with Medicaid beneficiaries can direct those clients and patients.  Find that publication here.
  • DHS has posted the presentations delivered during the October 27 meeting of the Medical Assistance Advisory Committee.  See the presentations from the:
  • DHS has closed the county assistance office in the Nicetown/Ridge Avenue area of Philadelphia and is directing residents of that area to other offices in Philadelphia.  Learn more from this DHS news release.

COVID-19:  By the Numbers

  • According to the CDC, the number of new COVID-19 cases reported in Pennsylvania over the past week declined nearly 12 percent; the number of deaths was unchanged.
  • According to the Department of Health, the number of people hospitalized with COVID-19 and in hospital ICUs and on ventilators because of the virus remains relatively steady while the CDC reports a 15 percent decrease in the seven-day rolling average of new daily COVID-19 hospital admissions.
  • The decline in the number of reported COVID-19 cases is reflected in the rate of community transmission among Pennsylvania counties – a major shift after months of virtually all counties experiencing high rates of community transmission with scattered counties occasionally experiencing only substantial rates.  As of October 26, 34 counties are experiencing high rates of community transmission; 31 are experiencing substantial rates of community transmission; and two counties – Clarion and Snyder – are experiencing moderate rates of community transmission, the first Pennsylvania counties to see their rate decline to this level in months.

Pennsylvania Health Care Cost Containment Council (PHC4)

PHC4 has published “Common Procedures Report – October 1, 2020 through September 30, 2021 Data.”  The report shares volume and outcome information for three common orthopedic procedures – spinal fusion, total hip replacement, and total knee replacement – performed in Pennsylvania acute-care hospitals that typically perform these procedures on adults.  For further information, including a news release, data, a report summary, the report itself, and more, go here.

Stakeholder Events

Department of Human Services – Medical Assistance Advisory Committee – Managed Long-Term Services and Support Subcommittee – November 2

The Managed Long-Term Services and Support Subcommittee of DHS’s Medical Assistance Advisory Committee will meet publicly on Wednesday, November 2 at 10:00 in Harrisburg.  Interested parties may attend in person or via webinar; those participating through the webinar must register in advance.  For information about the location of the meeting, how to join it virtually, how to register, and how to offer comments or submit questions, see this DHS notice.

Department of Health – Human Immunodeficiency Virus Community Prevention Planning Committee – November 2

The Department of Health’s Human Immunodeficiency Virus Community Prevention Planning Committee will hold a public meeting in Harrisburg on Wednesday, November 2 at 9:00.  Interested parties can participate in person or virtually.  For further information about the committee, the meeting, and how to participate, see this Pennsylvania Bulletin notice.

Department of Health – Organ Donation Advisory Committee Meeting – November 3

The Department of Health’s Organ Donation Advisory Committee will hold a public meeting in Harrisburg on Thursday, November 3 at 10:00.  Interested parties can participate in person or virtually.  For further information about the committee, the meeting, and how to participate, see this Pennsylvania Bulletin notice.

Department of Human Services – Trauma-Informed Care – November 3

DHS’s Long-Term Care Learning Network, part of its quality strategy for nursing facilities, is offering in collaboration with the Jewish Healthcare Foundation a webinar on trauma-informed care for skilled nursing facilities.  The webinar will be held on Thursday, November 3 at 2:00.  Learn more about the webinar and how to participate from this notice.

PHC4 – PHC4 Council Meeting – November 3

PHC4 will hold a regular council meeting at 10:00 on Thursday, November 3.  An agenda will be available here 24 hours in advance.  The public is invited to participate; contact rgreenawalt@phc4.org at least 24 hours in advance for participation instructions.

Department of Health – Traumatic Brain Injury Advisory Board Meeting – November 4

The Department of Health’s Traumatic Brain Injury Advisory Board will hold a public meeting in Camp Hill, PA on Friday, November 4 at 10:00.  For information about the role of the board, the purpose of the meeting, and the location of the meeting, see this Pennsylvania Bulletin notice.

Department of Human Services – Management Strategies When Working With Individuals With Acquired Brain Injuries – November 10

DHS’s Long-Term Care Learning Network, part of its quality strategy for nursing facilities, is offering in collaboration with the Jewish Healthcare Foundation a webinar on understanding basic management strategies for working with individuals with acquired brain injuries.  The

webinar will be held on Thursday, November 10 at 2:00.  Learn more about the webinar and how to participate from this notice.