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PA Health Policy Update for the Week of January 17-21

The following is an update of selected state health policy developments in Pennsylvania for the week of January 17-21, 2022.  (Some of the language used below is taken directly from state documents.)

General Assembly

  • The Senate held voting sessions on Tuesday (1/18) and Wednesday (1/19) this week and passed, among other bills, Senate Bill 818, which aligns the procedures permitted in ambulatory surgery centers with those permitted by the Centers for Medicare & Medicaid Services (CMS) and eliminates the need for facilities to request an exception, and Senate Bill 861, which enters Pennsylvania into the EMS interstate compact.  Both bills will now be sent to the state House.
  • The Senate Health and Human Services Committee convened on Tuesday and favorably reported Senate Bill 1019, which addresses COVID-19 regulatory waivers and suspensions.
  • The Senate Health and Human Services Committee will convene again next week on Tuesday, January 25 to consider the following bills:
    • Senate Bill 152, which provides direction to the Department of Human Services on how to distribute funding intended for women’s health and family planning services.
    • Senate Bill 956, a constitutional amendment that clarifies that there is not a right to an abortion or abortion funding in the state constitution.
    • House Bill 1420, which directs the Department of Human Services to establish a public awareness campaign to provide information regarding the programs and services available for first responders, health care workers, and other frontline workers suffering from mental health issues related to the COVID-19 pandemic.
  • The Senate Aging and Youth Committee meeting previously scheduled for Tuesday, January 18 has been rescheduled for Monday, January 24 at 12:30 to consider the following bills:
    • Senate Bill 936, which mandates the reporting and tracking of infants born with an addiction to opioids or other illegal substances within the state.
    • House Bill 996, which requires the departments of Human Services and Health to establish protocols to permit residents of long-term-care facilities to receive visits by a member of the clergy during a disaster emergency.
    • House Bill 1737, which enables a county children and youth agency to petition the court for an order to compel a drug screening when there is evidence that substance use may be a contributing cause of child abuse or neglect.
  • The House Professional Licensure Committee will convene on Monday, January 24 at 10:30 a.m. to consider the following bills:
    • House Bill 19, which establishes professional licensure for behavioral analysts.
    • House Bill 1440, which provides for the regulation and licensure of medical imaging and radiation therapy professionals.
    • House Bill 1862, which preserves the COVID-19 regulatory waiver that authorizes physicians with an institutional license in a teaching hospital to serve patients at more than just two facilities in a health system.

Department of Human Services

The Department of Human Services has updated its schedule of Remittance Advice (RA) mailing dates and electronic RA delivery dates.  The schedule now extends into early March.

DHS has published final notice of the assessment amount, assessment methodology, and estimated aggregate impact on nursing facilities that will be subject to an assessment under the Nursing Facility Assessment Program for FY 2022.  Find that information in this Pennsylvania Bulletin notice.

Department of Health

The Department of Health (DOH) has issued a health alert outlining options for treating patients with the COVID-19 omicron variant.

DOH continues to establish new sites for COVID-19 testing, adding sites this week in Greene and Pike counties.  Find information about these and other state-sponsored sites in this department news release; about plans for a new high-volume site in Hershey; and about another high-volume site in Delaware County.

DOH reports that the state has had 28,475 laboratory-confirmed flu cases and that such cases have been found in all 67 counties.

COVID-19:  By the Numbers

  • Daily COVID-19 case counts remain very high but declined over the past week.  Pennsylvania’s seven-day average yesterday (January 20) was 20,958 cases a day; a week ago (January 13) its seven-day average was 26,224 cases a day.
  • The number of new COVID-19-related deaths also remains very high but it, too, declined over the past week.  Pennsylvania’s seven-day average yesterday (January 20) was 127 deaths a day; a week ago (January 13) its seven-day average was 120 deaths a day.
  • The Department of Health reports that from January 1, 2021 to January 4, 2022, 78 percent of reported COVID-19 cases were in unvaccinated or not fully vaccinated people; 85 percent of reported hospitalizations with COVID-19 as the primary diagnosis/cause of admission were in unvaccinated or not fully vaccinated people; and 84 percent of COVID-19-related deaths were in unvaccinated or not fully vaccinated people.
  • The Department of Health also reports that 31.8 percent of all staffed adult ICU beds are COVID-19 patients and 32.4 percent of all ventilators state-wide are in use.
  • All 67 Pennsylvania counties continue to experience a high rate of COVID-19 transmission.
  • The decline in the number of new COVID-19 cases is reflected in a seven percent decline over the past week in the number of Pennsylvanians hospitalized with the virus.  The number of people on ventilators and in ICUs because of the disease held steady over the past week after two months of steeply increasing numbers.
  • As a result of the decline in hospitalizations, there are a slightly more unoccupied adult ICU and medical/surgical beds in the state this week.  While the occupation rate of pediatric ICU beds increased just slightly, occupancy of pediatric and airborne isolation rates rose 7.6 percent and two percent, respectively, over the past week.  There are still only 33 unoccupied pediatric ICU beds and 501 unoccupied adult ICU beds in the state.
  • On January 18 the Department of Health elaborated on some of these figures, reporting that 31.8 percent of all staffed adult ICU beds are occupied by COVID-19 patients and 32.4 percent of all ventilators state-wide are currently in use.  Both numbers are almost identical to the previous week’s totals.
  • Media reports are mixed but suggest reason for optimism.  Around the state,
    • New cases are declining in Lancaster County but the decline in hospitalizations is more modest.
    • The new case rate is falling significantly in the Lehigh Valley but hospitalizations are down only slightly.  Even so, the city of Easton closed its city hall because of COVID-19 cases and exposures.
    • Erie County hospitals have more COVID-19 patients than at any time since the pandemic began but fewer of them are dying and fewer of them are being treated in ICU beds.  County health officials are concerned that many cases are not reflected in official counts.
    • New case figures are stabilizing in Allegheny County but the number of infants and children hospitalized is rising.
    • Both cases and hospitalizations are declining in Philadelphia and its surrounding suburban counties.

Pennsylvania Health Care Cost Containment Council (PHC4)

PHC4 has issued a legislatively mandated report on the effects of the COVID-19 emergency on the state’s hospitals and health care facilities.  The report notes that “Pennsylvania hospitals and health systems reported $214,055,540 in COVID-19 related expenses and revenue losses for the period July 2021 – September 2021. These expenses and revenue losses were attributable to coronavirus and used to prevent, prepare for, and respond to the coronavirus pandemic.  Total COVID-19 related expenses and lost revenue reported by Pennsylvania hospitals and health systems through September 2021 (Jan 2020-September 2021) were $6,925,269,148.”  The report does not reflect any offsetting state and federal funding intended to help providers with these expenses and losses.  Find the report here.

Stakeholder Events

Medical Assistance Advisory Committee’s Consumer Subcommittee – January 26

The consumer subcommittee of the Medical Assistance Advisory Committee will meet virtually on Wednesday, January 26 at 1:00 p.m.  Go here to register to participate.

Medical Assistance Advisory Committee – January 27

The Medical Assistance Advisory Committee will meet virtually on Thursday, January 27 at 10:00 a.m.  Go here to register to participate.

Medical Marijuana Advisory Board – January 27

The Medical Marijuana Advisory Board will hold a virtual meeting on Thursday, January 27 at 10:00 a.m.  This meeting will be broadcast live through Commonwealth Media Services.  Check www.medicalmarijuana.pa.gov and click on the Medical Marijuana Advisory Board tab for live streaming information on the day of the virtual meeting.  Learn more from this Pennsylvania Bulletin notice.

Patient Safety Authority – January 27

The Patient Safety Authority will hold a virtual public meeting on Thursday, January 27 at 1:00 p.m.  For information about how to join the meeting, see this Pennsylvania Bulletin notice.

Special Pharmaceutical Benefits Program Advisory Council – January 27

The Statewide Special Pharmaceutical Benefits Program Advisory Council will hold a public teleconference meeting on Thursday, January 27 at 10 a.m.  To participate, call 412-648-8888 or 866-588-4789.  The meeting ID is 487 872 318#.  Learn more from this Pennsylvania Bulletin notice.

Medical Assistance Advisory Committee – Managed Long-Term Services and Supports Subcommittee – February 2

The DHS Medical Assistance Advisory Committee’s managed long-term services and supports subcommittee will meet virtually on Wednesday, February 2 at 10:00 a.m.  Interested parties can join the meeting here or call in at 914-614-3221, access code 300-175-489.

Organ Donation Advisory Committee – February 3

The Organ Donation Advisory Committee will hold a virtual public meeting on Thursday, February 3 from 10 a.m. to 1:30 p.m.  The purpose of this meeting is to review progress in the area of organ and tissue donation in Pennsylvania, recommend education and awareness activities, recommend priorities in expenditures from the Organ and Tissue Donation Awareness Fund, and advise the acting secretary on matters relating to the administration of this fund.  Learn more about the meeting and how to participate in this Pennsylvania Bulletin notice.

Office of Long-Term Living – Financial Management Services Stakeholder Meeting – February 4

The DHS Office of Long-Term Living’s financial management services stakeholder group will hold a virtual public meeting on Friday, February 4 at 1:00 p.m. to discuss upcoming changes for the administration of financial management services under the Community HealthChoices, OBRA                      Waiver, and Act 150 programs.  Go here to participate or join by phone at 1-408-418-9388.

Human Immunodeficiency Virus Community Prevention Planning Committee – February 16 and 17

The Statewide HIV Planning Group will hold virtual public meetings on Wednesday, February 16 and Thursday, February 17, 2022 from 9:00 a.m. to 4:30 p.m.  Learn more about the meetings and how to participate from this Pennsylvania Bulletin notice.

Group Looks at Health Care for Children in PA

Pennsylvania Partnerships for Children has released a report detailing various aspects of the health of children in Pennsylvania.

Among the subjects addressed in the group’s report 2021 State of Children’s Health Care in Pennsylvania:  Health Insurance During the COVID-19 Pandemic are the increase in the number of insured children in the state as a result of the current public health emergency; the impact of the pandemic on children receiving their childhood immunizations; the major role Medicaid and the Children’s Health Insurance Program (CHIP) play in insuring children in the state; the implications of the end of the declared public health emergency; and more.

The report also looks at steps that could be taken to reduce health care disparities in Pennsylvania.

Learn more from this news release and Pennsylvania Partnerships for Children’s new report 2021 State of Children’s Health Care in Pennsylvania:  Health Insurance During the COVID-19 Pandemic.

2021-11-10T16:17:47+00:00November 9th, 2021|COVID-19, Pennsylvania Medicaid, Pennsylvania Medicaid coronavirus|Comments Off on Group Looks at Health Care for Children in PA

HealthChoices Procurement Again Mired in Litigation

For the past six years Pennsylvania has been trying to rebid its HealthChoices Medicaid managed care contracts but every time it does, the losing bidders sue the state and the procurement process grinds to a halt.

Three times since 2015 the state has issued requests for proposals from managed care companies and all three times at least one of the losing parties has responded to its defeat by filing a lawsuit.

This is happening, many believe, because the state’s Medicaid managed care contracts are so lucrative – a stark contrast with state Medicaid payments to providers, which are generally considered poor.

The matter is now in the state’s Commonwealth Court, and the stakes are great:  the contracts are for five years, with a possible option for another three.

The Philadelphia Inquirer has taken a look at the challenges that have prevented Pennsylvania from awarding new HealthChoices Medicaid managed care contracts in the article “Insurers want Pa.’s Medicaid business so badly they keep suing the state.”

 

2021-07-07T19:42:10+00:00July 7th, 2021|HealthChoices, Pennsylvania Medicaid|Comments Off on HealthChoices Procurement Again Mired in Litigation

Pennsylvania Health Law Project Newsletter

The Pennsylvania Health Law Project has published its April 2021 newsletter.

Included in this month’s edition are articles about:

  • The impact of the American Rescue Plan on health insurance eligibility.
  • The impact of the American Rescue Plan on “Pennie,” Pennsylvania’s health insurance marketplace.
  • Federal updates on nursing home visitation.
  • Medicare coverage of COVID-19 testing and vaccines.
  • Using the Medical Assistance Transportation program to get the COVID-19 vaccine.
  • Advancing maternal health care coverage in Pennsylvania.

Read about these subjects and more in the Pennsylvania Health Law Project’s April 2021 newsletter.

2021-05-06T11:13:13+00:00May 6th, 2021|Pennsylvania Medicaid, Pennsylvania Medicaid coronavirus, Pennsylvania Medicaid COVID-19, Pennsylvania Medicaid policy|Comments Off on Pennsylvania Health Law Project Newsletter

COVID Drives Major Increase in PA Medicaid Enrollment

Medicaid enrollment in Pennsylvania has risen nearly 14 percent in the past year as rising unemployment resulting from COVID-19 drives people to turn to the state for health insurance.

As a result, Pennsylvania has added nearly 400,000 people to its Medicaid rolls in the past year.  Today, 3.2 million Pennsylvanians are enrolled in the state’s program, although among them are approximately 250,000 who would have been dropped from the program except for a federal requirement that the state not drop people from the program in exchange for a major increase in federal aid for the state’s program.

As a result of the increase, the state’s Department of Human Services, which runs its Medicaid program, has asked the legislature for nearly $1 billion in supplemental funding to help finance its services for this expanded enrollment through the rest of the state’s FY 2021 year.

Learn more about the past year’s increase in Medicaid enrollment, who the new enrollees are, and how the state is accommodating them in the Philadelphia Inquirer article “A huge spike in Medicaid enrollment in Pa. shows how devastating the coronavirus has been.”

2021-03-24T06:00:57+00:00March 24th, 2021|Coronavirus, COVID-19, Pennsylvania Medicaid, Pennsylvania Medicaid coronavirus, Pennsylvania Medicaid COVID-19|Comments Off on COVID Drives Major Increase in PA Medicaid Enrollment

PA Health Law Project Newsletter

The Pennsylvania Health Law Project has published its November 2020 newsletter Health Law News.

Included in this month’s edition are articles about:

  • How the renewal of the federal COVID-19 public health emergency declaration extends key Medicaid protections.
  • State planning for children with complex needs.
  • State efforts to connect people to COVID-19 testing and care.
  • An upcoming webinar about challenging Medicaid and Community HealthChoices waiver service denials.

Read about these subjects and more in the Pennsylvania Health Law Project’s November 2020 newsletter.

2020-11-17T15:00:32+00:00November 4th, 2020|Coronavirus, COVID-19, Pennsylvania Medicaid, Pennsylvania Medicaid COVID-19, Pennsylvania Medicaid policy|Comments Off on PA Health Law Project Newsletter

PA Health Law Project Newsletter

The Pennsylvania Health Law Project has published its September 2020 newsletter Health Law News.

Included in this month’s edition are articles about:

  • How Pennsylvania Medicaid beneficiaries who turn 21 during the COVID-19 emergency remain eligible for EPSDT services.
  • Pennsylvania Health Law Project navigators who can help direct people to COVID-19 testing and treatment.
  • A warning that without increased federal Medicaid matching money, states may seek to reduce Medicaid provider payments, increase beneficiary cost-sharing, or reduce services.

Read about these subjects and more in the Pennsylvania Health Law Project’s September 2020 newsletter.

2020-10-08T06:00:21+00:00October 8th, 2020|Coronavirus, COVID-19, Pennsylvania Medicaid|Comments Off on PA Health Law Project Newsletter

PA Health Law Project Newsletter

The Pennsylvania Health Law Project has published its August 2020 newsletter Health Law News.

Included in this month’s edition are articles about:

  • The Department of Human Services’ selection of new managed care plans to serve Pennsylvania Medicaid’s Community HealthChoices program.
  • The end of ensured continuity of long-term services and supports for participants in the Community HealthChoices program in northeastern Pennsylvania.
  • The availability of navigators to help connect people to COVID-19 testing and treatment.

Read about these subjects and more in the Pennsylvania Health Law Project’s August 2020 newsletter.

2020-08-05T06:00:27+00:00August 5th, 2020|HealthChoices, long-term care, Pennsylvania Medicaid, Pennsylvania Medicaid policy, Pennsylvania Medical Assistance|Comments Off on PA Health Law Project Newsletter

COVID-19 Update: March 18, 2020

The following is a summary of today’s major COVID-19-related developments.

Pennsylvania Updates

PACE Prescription Drug Program

Department of Health Secretary Rachel Levine announced that for individuals who participate in the state’s PACE program, which provides financial assistance on prescription drugs for low-income seniors, the state is waiving the current requirement that participants must use at least 75 percent of their supply of an individual drug before being eligible to renew their prescription.  This does not apply to opioids and other controlled substances but participants who use those drugs can apply for a waiver from the 75 percent requirement.

In addition, PACE participants will not have to pay the cost of home delivery of their prescriptions.

COVID-19 Testing

Secretary Levine said that her department is working with hospitals on testing sites.  The state is working with the county health departments in Philadelphia and Montgomery counties and the federal government to develop mass testing sites in those counties.  Meanwhile, Quest and Labcorp are now doing COVID-19 testing and other commercial labs should be coming online soon.  Hospitals, too, are developing their own testing capacity, and she specifically mentioned the Children’s Hospital of Philadelphia, Penn Medicine, UPMC, and the Allegheny Health Network as now having FDA-approved testing programs.

Ventilators

Secretary Levine announced that the state has its own stock of extra ventilators and is hoping to acquire more of them.

Hospital Beds

The state, Secretary Levine said, is waiving the requirement that hospitals notify the state before they increase their bed complement.

Unemployment Compensation

With unemployment claims in Pennsylvania up sharply, the state is streamlining its process for applying for benefits, waiving a one-week waiting period while it verifies unemployment and proof of a job search while also encouraging people to apply online.  Read an account of the changes in this Pittsburgh Business Times article and find the official state notice here on the state’s unemployment compensation web page.

House Chamber of the State HousePA General Assembly Update

Today the Senate met briefly at the Capitol to pass temporary rules to allow its members to work and vote remotely should the need arise in the coming weeks/months.  This is similar to the temporary rules adopted by the House earlier this week.  In his floor remarks, Majority Leader Corman (R-Centre) committed to being as transparent as possible throughout this process with the public, press, administration, and House.  He also committed to only move legislation forward during this remote time that is directly related to the pandemic.  He noted that the time may come in the months ahead that the primary election or state budget could require the Senate’s attention in accordance with this remote voting authority.

Federal Updates

Senate Passes Emergency COVID-19 Aid Bill

Late this afternoon the Senate passed the COVID-19 aid bill that had already passed the House.  President Trump is expected to sign it.

Elective Surgery

Today Vice President Pence urged hospitals to delay elective procedures.  Centers for Medicare & Medicaid Services (CMS) administrator Verma said her agency will issue recommendations on such limits.

Practicing Medicine Across State Lines

The Department of Health and Human Services (HHS) is expected to issue regulations later today addressing the practice of medicine across state lines by doctors and medical professionals to meet the demands of caring for COVID-19 patients.

Section 1135 Waivers

The declaration of a national emergency included an invitation to states to apply for waivers of some federal regulations to facilitate caring for COVID-10 patients.  As we wrote to you yesterday, Florida already has received such a waiver.  Yesterday the California Hospital Association applied for such a waiver on behalf of the state’s hospitals and a published report suggests that almost every state is expected to apply for a section 1135 waiver.

Safety-Net Association of Pennsylvania logoInfection Control

The Centers for Disease Control and Prevention (CDC)  has issued new infection prevention and control recommendations for patents with suspected or confirmed COVID-19.  See those recommendations here.

The CDC also has issued guidelines that address health care workers returning to work after suffering from COVID-19 or who were suspected of suffering from or being exposed to it.  Find those guidelines here.

HIPAA

Late yesterday HHS released a bulletin detailing the provisions of HIPAA that it will not be enforcing for covered hospitals that have implemented a disaster protocol.  The waiver became effective on March 15, 2020.  Find it here.

Telehealth

Yesterday the HHS Office of the Inspector General issued a policy statement regarding physicians and other practitioners that reduce or waive amounts owed by federal health care program beneficiaries for telehealth during the COVID-10 outbreak.  Find that policy statement here and an accompanying fact sheet here.

On the same subject, the HHS Office of Civil Rights issued a notification of enforcement discretion for telehealth remote communications during the COVID-19 emergency.  Find that document here.

JCAHO

Yesterday the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) announced that it has suspended its surveying activities at least until the end of April.

2020-03-19T15:44:02+00:00March 19th, 2020|Coronavirus, COVID-19|Comments Off on COVID-19 Update: March 18, 2020

PA Health Law Project Newsletter

The Pennsylvania Health Law Project has published its February 2020 newsletter Health Law News.

Included in this month’s edition are articles about:

  • Governor Wolf’s proposed FY 2021 Medicaid budget.
  • Challenges Pennsylvania Medicaid recipients have encountered obtaining services from their HealthChoices managed care plan and how to address them.
  • Implementation of the federal “public charge” regulation and whom it does – and does not – affect.

Read about these subjects and more in the Pennsylvania Health Law Project’s February 2020 newsletter.

2020-03-05T06:00:11+00:00March 5th, 2020|Federal Medicaid issues, HealthChoices, Pennsylvania Medicaid, Pennsylvania proposed FY 2021 budget|Comments Off on PA Health Law Project Newsletter
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