The following is an update of selected state health policy developments in Pennsylvania from November 20 – December 1. (Some of the language used below is taken directly from state documents.)
Governor Shapiro
On Tuesday, November 21 Governor Shapiro signed Senate Bill 500 and House Bill 507 into law. Senate Bill 500 (Act 32 of 2023) provides Medicaid coverage for pasteurized donor human milk. House Bill 507 (Act 31 of 2023) requires health care providers to obtain informed consent, both verbal and written, before performing a pelvic examination, a rectal examination, or a prostate examination while the patient is anesthetized or unconscious.
Department of Human Services
- The Department of Human Services (DHS) has made available for public review and comment its proposed 1115 waiver application. Entitled Bridges to Success: Keystones of Health for Pennsylvania, the application proposes Medicaid coverage for Health-Related Social Needs (HRSN), reentry supports, and multi-year continuous eligibility for young children. Find additional information, including a schedule of public hearings, in this Pennsylvania Bulletin notice. The state’s draft 1115 waiver application can be viewed here.
- DHS has published notice of its intent to amend the current regulations to comply with the CMS’ final rule – ”Medicaid Program; Covered Outpatient Drugs.” The proposed rulemaking also makes technical changes to add diabetic supplies, opioid overdose agents, and immunizations to the list of services excluded from copayments. In addition, it recognizes the prescriptive and dispensing authority of certified nurse practitioners (CRNP) and midwives. Find additional information in this Pennsylvania Bulletin notice.
- DHS has issued two additional Medical Assistance bulletins relating to prior authorization for pharmacy services.
Department of Health
The Department of Health (DOH) has updated its guidance on implementation of the interstate Nurse Licensure Compact. In accordance with an updated interpretation of applicable state law and regulations relating to registered nurses (RNs) and licensed practical nurses (LPNs), the Department will no longer require exceptions to regulations to allow health care facilities to employ or contract with RNs and LPNs holding an active multistate license. Read the updated guidance here.
DOH has notified providers that exceptions to perform Total Shoulder Replacement procedures in ambulatory surgery facilities are no longer required. Since the passage of Act 87, only procedures that are excluded from the CMS payment schedule require exceptions to 551.21 and CMS recently added Total Shoulder and Total Ankle procedures to that list. Letters rescinding currently held exceptions will be forthcoming, but effective immediately, exceptions and the associated reporting requirements are no longer in effect.
Department of Drug & Alcohol Programs
The Drug and Alcohol Programs (DDAP) has announced its New Training Management System (TMS) will launch in January 2024. Additional information, including steps to prepare for the new TMS, can be viewed here.
Independent Regulatory Review Commission
The Independent Regulatory Review Commission (IRRC) has published proposed rulemaking submitted by the Board of Medicine effectuating Act 79 of 2021, which among other things, enables physician assistant written agreements to be effective upon being filed rather than approved. The proposed rulemaking can be viewed here.
Office of the Attorney General
The Office of Attorney General has issued a press release with information for Pennsylvania consumers, especially those who are pregnant or may become pregnant, when choosing reproductive health care providers and counselors.
Medicaid Continuous Coverage Unwinding
DHS is maintaining an online dashboard with Medicaid continuous coverage unwinding data. The data on this dashboard tracks the renewal process by county and zip code. Additional updates and resources about the Medicaid eligibility renewal process may be found here.
DHS has published the following resources to help providers educate patients about Medicaid renewals and what to do if they are no longer eligible for Medicaid.
Stakeholder Events
Patient Safety Authority – December 7
The Patient Safety Authority will hold a public board meeting on Thursday, December 7 at 1:00 p.m. The meeting will be held virtually. Find additional information and details on how to participate in this Pennsylvania Bulletin notice.