The following is an update of selected state health policy developments in Pennsylvania for the week of July 5-8, 2022.  (Some of the language used below is taken directly from state documents.)

FY 2023 Budget Update

Governor Wolf and the General Assembly reached a final budget agreement for FY 2022-2023 this week.  In total the budget spends $45.3 billion, which is $1.3 billion more than the prior fiscal year’s budget.  The budget makes significant investments in education, housing, child tax credits, health care, and property tax and rent rebate programs.  It also allocates $2.1 billion to the state’s rainy day fund.  The following is an overview of budget-related bills and their status as of 2:00 p.m. on Friday, July 8.

• Senate Bill 1100 is the General Appropriations bill.  The House passed the bill by a vote of 180-20 and the Senate subsequently concurred with House amendments by a vote of 47-3.  The bill has been presented to the governor for his signature.
• The Fiscal Code bill is House Bill 1421, which is scheduled to be considered off the floor by the Senate Rules & Executive Nominations Committee Friday afternoon.
• The Human Services Code bill is House Bill 1420.  It passed the House and Senate on Thursday but Governor Wolf vetoed the bill early Friday.  The Senate is expected to amend Human Services Code language, with the exception of the “Agency with Choice” delay, into the Fiscal Code later today and send it to the House for concurrence.
• House Bill 1342 is the Tax Code bill.  The Senate and House both passed this yesterday.  It was presented to the governor and is currently awaiting his signature.

Governor Wolf

• Governor Wolf signed House Bill 1561 and House Bill 1563 into law this week.  These bills, which are now Act 32 and 33 of 2022, amend the Mental Health Procedures Act and the Drug and Alcohol Abuse Control Act, respectively, to align them with HIPAA and give providers, facilities, and insurers the ability to share more easily patient mental health and substance use disorder treatment information.  Both pieces of legislation were presented to Governor Wolf for his signature.
• Governor Wolf signed Senate Bill 861, which enters Pennsylvania into the EMS compact, on third and final consideration.  The bill has been presented to Governor Wolf for his signature.

General Assembly

The state House and Senate remain in session while they work to finalize the FY 2023 budget and pass legislation before they recess and are not scheduled to return to Harrisburg until mid-September.  The following is an overview of action taken by the General Assembly as of Friday, July 8 at 2:00 p.m.

• The Senate voted to concur with House amendments to Senate Bill 818, which aligns the procedures permitted in ambulatory surgery centers with those permitted by the Centers for Medicare & Medicaid Services (CMS), and sent it to Governor Wolf for his signature.
• The Senate passed House Bill 2679 on third and final consideration.  The bill, which is now on the governor’s desk, authorizes pharmacists and pharmacy interns to administer influenza and COVID-19 vaccines to individuals five and older.
• The Senate passed House Bill 2604, which amends the requirement for health care facility ID badges to permit the use of health system names rather than specific licensed facility names.  The bill is now on the governor’s desk.
• The Senate passed House Bill 2032, which states that a health care professional’s failure to report a victim’s injuries to law enforcement as required by the Crimes Code does not constitute a criminal offense when a sexual assault victim wishes to remain anonymous.  The bill is now on the governor’s desk for his signature.
• The Senate passed Senate Bill 106 and sent it to the House for concurrence.  Senate Bill 106 includes a number of constitutional amendments, including one establishing that the state constitution does not grant the right to taxpayer-funded abortion or any other rights relating to abortion.
• The Senate passed House Bill 2419, which expands access to outpatient psychiatric care via telemedicine, and sent it to Governor Wolf for his signature.
• The House passed Senate Bill 1235, which prohibits the Department of Human Services from developing or using bidding or service zones that limit a health service corporation or hospital plan corporation contractor from submitting bids.  The bill is now on the governor’s desk.

Department of Human Services

• The Department of Human Services (DHS) has proposed amending the state’s Human Services Code to enable individuals who are 14 years of age or older but under 18 years of age who meet the admission requirements to gain access to psychiatric rehabilitation services; to amend the diagnoses that enable an individual to obtain those services without use of the exception process; and to revise outdated language and add definitions of ”serious mental illness” and ”serious emotional disturbance” that align with definitions currently used by the Federal Substance Abuse and Mental Health Services Administration.  Learn more about what DHS has proposed and why it has proposed it in this Pennsylvania Bulletin notice.
• DHS has published a Medical Assistance Bulletin announcing the addition of procedure code A4928 to the Medical Assistance fee schedule for disposable surgical masks dispensed to Medical Assistance beneficiaries effective with dates of service on and after July 1, 2022.  This bulletin applies to Medical Assistance-enrolled certified registered nurse practitioners, physician assistants, physicians, podiatrists, and medical suppliers that prescribe or dispense disposable surgical masks to Medical Assistance beneficiaries in the fee-for-service and managed care delivery systems.  Find the bulletin here.
• DHS has published a series of Medical Assistance Bulletins to issue updated handbook pages that include the requirements for prior authorization and the type of information needed to evaluate the medical necessity of certain prescriptions.  These bulletins apply to all licensed pharmacies and prescribers enrolled in the Medical Assistance program.  The types of prescriptions covered by these bulletins are:
  • phosphate binders
  • methotrexate
  • thyroid hormones
  • smoking cessation products
  • lipotropics, statins
  • leukotriene modifiers
  • immunomodulators, topical
  • hypoglycemics, sulfonylureas
• DHS has posted the minutes of the June 23 meeting of its Medical Assistance Advisory Committee meeting.  Find those minutes here.
• DHS also has posted the minutes of the June 22 meeting of the Medical Assistance Advisory Committee’s consumer subcommittee.  Find those minutes here.

Department of Health

• The Department of Health (DOH) has updated its guidance to hospitals in response to Act 30 of 2022, recently passed by the state legislature, which extends COVID-19-related waivers through October 31, 2022.  Among other things, this guidance addresses mandatory data reporting, suspension of services, alternative uses of hospital space, hospital-based laboratory analysis of COVID-19 tests, mandatory patient COVID-19 testing, and more.  For a complete review of the implications of Act 30 for hospitals, see this updated DOH guidance.
• DOH has announced that its COVID-19 community-based testing sites will now offer three forms of free testing:  point-of-care tests where tests are performed and results are analyzed on-site; the distribution of at-home COVID-19 antigen tests; and continued administration of mid-nasal passage swab PCR testing.  The department currently operates testing locations in Berks, Blair, Centre, Clarion, Clinton, Erie, and Washington counties.  Learn more from this DOH announcement.
• “COVID Alert PA,” DOH’s COVID-19 app that advises users of potential exposure to individuals diagnosed with COVID-19 and provides updated data on the state of the pandemic in Pennsylvania, has a new message informing users that “The current app will be discontinued on July 27, 2022.”

COVID-19:  By the Numbers

• The daily average of newly reported COVID-19 cases fell 10 percent over the past week, to 2440 cases a day.
• COVID-19-related deaths in the past week were the same as they were the week before.
• The number of Pennsylvanians hospitalized with COVID-19 remained generally steady over the past week, as did the number of COVID-19 patients in hospital intensive care units and on ventilators.
• Sixty-two of Pennsylvania’s 67 counties are currently experiencing high rates of community transmission of COVID-19, up from 35 counties last week.  The remaining five counties (Clarion, Forest, Potter, Sullivan, and Tioga) experienced a substantial rate of community transmission.

State Board of Pharmacy

The State Board of Pharmacy has published a final rule in the Pennsylvania Bulletin related to the administration of injectable medications, biologicals, and immunizations.  The rule allows pharmacists to administer influenza immunizations by injectable or needle-free delivery methods to children nine years of age and older.  Additionally, qualified and authorized pharmacy interns are permitted to administer injectable medications, biologicals, and immunizations to persons 18 years of age or older and administer influenza immunizations by injectable or needle-free delivery methods to children ages nine years and older under certain conditions.  Find the bulletin here.

Stakeholder Events

Department of Health – COVID-19 Therapeutics – July 12

The Department of Health, Department of Human Services, and Pennsylvania Emergency Management Agency will hold a webinar on COVID-19 therapeutics on Tuesday, July 12 at 4:00.  The webinar is intended for providers and facility administrators and will cover why, when, and
how to prescribe and obtain outpatient COVID-19 treatment and preventive therapies.  Learn more about the webinar and how to register to participate in this notice.

Department of Health – Newborn Screening and Follow-Up Technical Advisory Board – July 14

The Department of Health’s Newborn Screening and Follow-Up Technical Advisory Board will meet virtually on Thursday, July 14 from 10 a.m. until 1 p.m.  The agenda will include discussions about board member terms; updates from the Bureau of Family Health; payment options for additional conditions; research on dried blood spot specimens; a discussion on metachromatic leukodystrophy; and updates from the ethics, lysosomal storage disorders/X-ALD, cystic fibrosis, hemoglobinopathy, and critical congenital heart defects subcommittees.  For information about how to join the meeting, see this Pennsylvania Bulletin notice.

Department of Human Services – Long-Term Care Learning Network/Nursing Facilities – July 14

DHS’s Long-Term Care Learning Network, part of its quality strategy for nursing facilities, is offering in collaboration with the Community HealthChoices managed care organizations and the Jewish Healthcare Foundation a special populations webinar on “Filling the Day With Meaning:  Thinking Outside the Box.”  The webinar, to be held on Thursday, July 14 at 2:00, will seek to share with participants the benefits of meaningful engagement for residents living with dementia and is especially directed toward special population workers involved in recreational therapy, restorative team members, CNAs, and volunteers.  Learn about registration and how to join the webinar from this notice.

Department of Human Services – Medical Assistance Advisory Committee – Consumer Subcommittee – July 27

The Medical Assistance Advisory Committee’s consumer subcommittee will meet virtually on Wednesday, July 27 at 1:00.  Go here to register to participate.

Department of Human Services – Medical Assistance Advisory Committee – July 28

The Medical Assistance Advisory Committee will meet virtually on Thursday, July 28 at 10:00.  Go here to register to participate.