The following is an update of selected state health policy developments in Pennsylvania for the week of June 28-July 2, 2021.  (Some of the language used below is taken directly from state documents.)

FY 2021-2022 Budget

On Wednesday Governor Wolf signed into law Pennsylvania’s FY 2021-2022 General Fund appropriations bill and related code bills.  The governor partially vetoed Senate Bill 255, the General Appropriations Act, to remove the funds appropriated by the General Assembly for the establishment and operation of a new Bureau of Election Audits.  The full package of budget-related bills passed by the legislature and signed by the governor includes the FY 2022 General Appropriations Act – Senate Bill 255; the Fiscal Code – House Bill 1348; the Administrative Code – House Bill 336, and the Tax Code – House Bill 952.

Legislative Update

The legislature has passed, and Governor Wolf has signed, the following health care-related bills:

• House Bill 649 (Act 67) – requires the Department of Health, in consultation with the Department of Human Services, to establish protocols to permit an essential caregiver to provide in-person physical and emotional support to a congregate care facility resident during a declaration of disaster emergency.
• House Bill 1024 (Act 44) – revises to the state’s Medical Marijuana Act, including caregiver, dispensing, and criminal background check provisions.
• House Bill 1429 (Act 48) – adds a new section to the state Crimes Code providing for the offense of financial exploitation of an older adult or care-dependent person.  It also clarifies that district attorneys have the right to investigate and institute criminal proceedings for any violation of this new section.
• House Bill 1431 (Act 49) – adds a new section to the Crimes Code that defines as abuse and establishes as a misdemeanor the use of social media by employees who post pictures of care-dependent individuals without permission.
• Senate Bill 108 (Act 56) – provides for a $130 supplemental per diem payment for ventilator or tracheostomy care provided by qualified skilled nursing facilities that meet certain criteria based on the volume and proportion of Medicaid patients they serve.
• Senate Bill 115 (Act 68) – establishes the Nurse Licensure Compact Act, which makes the state a party to the Nurse Licensure Compact with all other states that have joined the compact.
• Senate Bill 416 (Act 60) – establishes the certified registered nurse anesthetist (CRNA) designation in the commonwealth.  The legislation grants an individual licensed to practice professional nursing and who meets the requirements of this act the right to use the CRNA designation.
• Senate Bill 425 (Act 61) – amends the Medical Care Availability and Reduction of Error (MCARE) Act to permit a physician to fulfill their duty to obtain a patient’s or the patient’s authorized representative’s consent by a qualified practitioner prior to conducting surgery or administering radiation or chemotherapy blood transfusions or medications and devices.
• Senate Bill 445 (Act 23) – permits a person renewing a driver’s license, identification card, or vehicle registration electronically through the Department of Transportation’s web site to contribute $5 to the Pennsylvania Breast Cancer Coalition for breast cancer research.
• Senate Bill 484 (Act 63) – adds the chair of the State Veterans Commission or a designee to the Pennsylvania Long-term Care Council.

Governor Wolf vetoed Senate Bill 618, which would have prohibited the use of vaccine passports by government entities and prevented institutions of higher education from requiring proof of vaccination against COVID-19.  The bill also sought to restrict the Secretary of Health’s ability to implement certain disease control measures. See the governor’s veto message here.

The General Assembly has now adjourned until September.

Department of Human Services

• DHS has updated the Medical Assistance fee schedule to reflect 2020 HCPCS codes.  The update is retroactive to December 21, 2020.  Learn more in this Medical Assistance Bulletin.
• DHS has issued a Medical Assistance Bulletin with the 2021 recommended child and adolescent immunization schedule.  The bulletin applies to all providers enrolled in the Medicaid program who administer immunizations and provide services in the fee-for-service and managed care delivery systems.
• DHS has updated its requirements for enrolling in Pennsylvania’s Medicaid program as a mental health substance abuse (Type 11) provider.
• DHS has updated its requirements for enrolling in Pennsylvania’s Medicaid program as a case manager (Type 21).
• DHS has updated its list of drug companies participating in the Medicaid drug rebate program.
• DHS has published installment #254 in its “Provider Quick Tips” series.  The subject:  “Payment Error Rate Measurement (PERM) Initiative for RY 2022.”  Find it here.
• DHS has published a notice in the Pennsylvania Bulletin reminding hospitals that, as it informed them last fall, the assessment percentage of the state’s Quality Care Assessment for FY 2021-2022 and FY 2022-2023 will return to 3.32 percent of net inpatient revenue and 1.73 percent of net outpatient revenue for affected hospitals.  See the notice here.

Department of Health

• The departments of Health and Human Services have extended to September 30 the period during which the Regional Congregate Care Assistance Teams (RCAT) will remain available to help long-term-care facilities prevent and respond to COVID-19.  See the announcement here and updated call center information here.

COVID-19:  By the Numbers

• The daily number of new COVID-19 cases continues to decline and the number of COVID-19 deaths continues to decline significantly.

• For the week from June 18 through June 24 the state’s overall COVID-19 test positivity rate was 1.2 percent, down from 1.4 percent last week and 1.9 percent the week before.
• Sixty-five counties had a positivity rate lower than five percent, up from 64 last week, and no counties had a positivity rate greater than 20 percent for the ninth consecutive week.

• Fifty-five counties are currently experiencing low levels of community transmission of COVID-19, up from 37 last week; the remaining 12 Pennsylvania counties are experiencing moderate levels of community transmission and no counties are experiencing a high level of community transmission.
• On July 1 the number of Pennsylvanians hospitalized with COVID-19 was less than one-third of what it was on June 1; the number on ventilators was 30 percent of what it was on June 1; and the number in hospital ICUs was 25 percent of what it was on June 1.
• 5.4 million Pennsylvanians have been fully vaccinated against COVID-19, according to the state’s COVID-19 dashboard.  Growth in this number has slowed significantly over the past month, with fewer than 100,000 new, complete vaccinations reported in the past week. Another 760,000 people have been vaccinated in Philadelphia.  According to the state, 60.3 percent of Pennsylvanians 18 years of age and older are now fully vaccinated and 62.9 percent of the entire population has now received at least the first dose of a vaccine.

Department of Drug and Alcohol Programs

• The Department of Drug and Alcohol Programs has issued a memo establishing a procedure for drug and alcohol treatment providers to request additional time beyond July 1 to reach substantial alignment with service delivery conditions under The ASAM Criteria, 2013.

Around the State

• While Pennsylvania is among the nation’s leaders in the percentage of its residents receiving their first dose of a COVID-19 vaccine it is the fifth-worst state when it comes to getting those first shot recipients their second dose.  The Philadelphia Inquirer lays out the situation and explores why.
• Following a 2018 fire at the U.S. Steel Clairton Coke Works site the number of asthma-related visits to doctors’ offices and hospital emergency departments nearly doubled, according to a new study.  WESA Pittsburgh tells the story.
• According to the Philadelphia Business Journal, “A partnership involving an Allentown-based health system and a recently formed hospital turnaround company has emerged as a bidder for the financially struggling Tower Health.”  Learn more here.
• After today Lancaster County closes its COVID-19 mass vaccination site.  Lancaster Online recounts some of the site’s accomplishments and experiences.
• With people spending more time at home, HIV testing at non-health care sites in Philadelphia fell 75 percent in 2020, according to the Pennsylvania Capital-Star.

Stakeholder Events

• Managed Long-Term Services and Supports Subcommittee Meeting

July 7 at 10:00 a.m.

This meeting will be held via webinar.  Public comments will be taken after each presentation and questions can be entered in the chat box.  Interested parties can participate in the following ways:

• • Webinar registration – go here
  • Dial in:  1-914-614-3221, access code 716-025-613
  • Remote captioning and streaming link – go here

• Health Research Advisory Committee Meeting

July 12 at 10:00 a.m.

The public meeting will be held virtually by means of Microsoft Teams at (267) 332-8737 with Conference ID: 689 378 043#.

• Newborn Screening and Follow-Up Technical Advisory Board

July 15 at 10:00

The virtual public meeting will be conducted as a teleconference Skype meeting.  The dial-in number is (267) 332-8737 and the conference access ID is 63145728#.

• Special Pharmaceutical Benefits Program

July 29, 2021 at 10:00

This is a telephone meeting.

Join on your computer or mobile app

Click here to join the meeting

Or call in (audio only)

+1 412-648-8888,,785376728#   United States, Pittsburgh

(866) 588-4789,,785376728#   United States (Toll-free)

Phone Conference ID: 785 376 728#

Stakeholder Event Report

Financial Management Services Meeting – June 28

At the most recent Financial Management Services stakeholder meeting on June 28, 2021the Community HealthChoices managed care organizations announced that Tempus Unlimited, Inc. will be the new statewide Vendor Fiscal/Employer Agent, with HHA eXchange as the software solution, supporting FMS in the Community HealthChoices program.

Stakeholder Events Materials

DHS has shared materials presented at the June 28 meeting of its Financial Management Services stakeholder meeting.  This public meeting discussed the upcoming changes for the administration of financial management services under the Community HealthChoices, OBRA Waiver, and Act 150 programs.  Representatives from the Office of Long-Term Living and Community HealthChoices managed care organizations participated in the meeting.  Those presentations are:

• a general meeting presentation
• a presentation on financial management services transition for self-directed services