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PA Health Law Project Newsletter

The Pennsylvania Health Law Project has published its March 2022 newsletter Health Law News.

Included in this month’s issue are articles about:

  • State planning for the use of federal American Rescue Plan money to address the nurse shortage.
  • The governor’s proposed FY 2023 Medicaid budget.
  • The Community HealthChoices transition to a new system for paying participant-directed care workers.
  • Medicaid payment of Medicare Part A premiums for those who meet certain eligibility requirements.

Read about these subjects and more in the Pennsylvania Health Law Project’s March 2022 newsletter.

2022-04-04T15:23:18+00:00April 5th, 2022|Federal Medicaid issues, long-term care, Pennsylvania proposed FY 2023 budget, Pennsylvania state budget issues|Comments Off on PA Health Law Project Newsletter

PA Health Policy Update for the Week of March 7-11

The following is an update of selected state health policy developments in Pennsylvania for the week of March 7-11, 2022.  (Some of the language used below is taken directly from state documents.)

General Assembly

  • The Department of Human Services appeared before the Senate and the House appropriations committees this week.  A recording of the House budget hearing can be viewed here and a recording of the Senate hearing can be viewed here.
  • The Department of Health also appeared before the Senate Appropriations Committee for its FY 2023 budget hearing.  A recording of the hearing can be viewed here.
  • The Department of Drug and Alcohol Programs will appear before the Senate Appropriations Committee next Wednesday, March 16 at 2:00 p.m.

Department of Health

In light of the Pennsylvania Department of Environmental Protection’s confirmation of higher-than-expected rates of Powassan virus in ticks located in multiple Pennsylvania counties during the 2021 surveillance season, the Department of Health has issued a health advisory to give providers background information on POW virus disease, including transmission, clinical signs and symptoms, diagnosis, and prevention.

Department of Human Services

The Department of Human Services has issued a Medical Assistance Bulletin to inform providers enrolled in the Medical Assistance program that the state is expanding the beneficiary age for which Medical Assistance payment will be made for the administration of the Flucelvax Quadrivalent vaccine to include beneficiaries ages six months and older effective October 14, 2021.

The Department of Human Services has posted presentations delivered during the February 24 Medical Assistance Advisory Committee meeting by its:

COVID-19:  By the Numbers

  • Daily COVID-19 case counts continue to fall.  A week ago the state’s seven-day average of new cases was 1299 cases a day; yesterday (March 10) it was 954 cases a day.
  • The number of new COVID-19-related deaths is following the same downward trend:  Pennsylvania’s seven-day average of deaths was 65 deaths a day a week ago but was 40 deaths a day yesterday (March 10).
  • The decline in the number of Pennsylvania counties experiencing a substantial rate of community transmission of COVID-19 – the highest rate – continues.  Last week, 38 counties were in the highest rate of community transmission of COVID-19 cases; this week, only seven are.  Last week, 26 counties were experiencing a substantial rate of community transmission; this week, 37 are.  Last week, only three counties were experiencing only a moderate rate of community transmission; this week, 23 are.
  • March 9 was the first day fewer than 1000 Pennsylvanians were hospitalized with COVID-19 since August 12; March 11 was the first day fewer than 100 were on ventilators because of the virus since August 5; and March 7 was the first day fewer than 200 were in hospital ICUs because of COVID-19 since August 5.

Pennsylvania Health Care Cost Containment Council (PHC4)

PHC4 has released the new report “COVID-19 Hospitalizations ‒ March 2020 to June 2021.”  The paper looks at patients who were hospitalized with COVID-19 and discharged from Pennsylvania acute-care hospitals from March 2020 through June 2021.  It examines hospitalization rates and in-hospital mortality by month and for the entire period.  Go here for links to the news release announcing the report, key findings, county rates, patient characteristics and outcomes, and the report itself.

Stakeholder Events

Department of Health – Advisory Health Board – March 16

The Department of Health’s Advisory Health Board will meet virtually on Wednesday, March 16 at 2:00 p.m. to discuss programmatic and departmental activities.  For information about how to participate, see this Pennsylvania Bulletin notice.

Patient Safety Authority – March 17

The Patient Safety Authority will hold a virtual public meeting on Thursday, March 17 at 1:00 p.m.  Learn how to join the meeting from this Pennsylvania Bulletin notice.

Department of Health – Newborn Screening and Follow-Up Technical Advisory Board – March 30

The Department of Health’s Newborn Screening and Follow-Up Technical Advisory Board will hold a virtual public meeting on Wednesday, March 30, 2022 at 10:00 a.m.  The agenda will include discussions about board member terms; updates from the Bureau of Family Health and the RUSP workgroup; a discussion on pyruvate dehydrogenase; and updates from the Ethics, Lysosomal Storage Disorders/X-ALD, Cystic Fibrosis, Hemoglobinopathy and Critical Congenital Heart Defects subcommittees.  Learn how to join the meeting in this Pennsylvania Bulletin notice.

PA Health Policy Update for the Week of February 28-March 4

The following is an update of selected state health policy developments in Pennsylvania for the week of February 28-March 4, 2022.  (Some of the language used below is taken directly from state documents.)

Governor Wolf

Governor Wolf announced that Pennsylvania’s state-based health insurance marketplace, known as Pennie, has added a new “qualifying life event” to enable low-income Pennsylvanians to enroll in health insurance throughout the year.  Under this new qualifying life event, Pennsylvanians with an annual household income equal to or below 150 percent of the federal poverty level will be permitted to shop and enroll in health insurance through Pennie, with financial assistance available to those who qualify.  Until now, this opportunity was only available for those not already receiving coverage through Pennie.  Beginning in June, existing Pennie customers whose income is lower than or equal to the 150 percent federal poverty level can update their application and change their plan using this qualifying life event.  Learn more from this Wolf administration news release.

General Assembly

The Department of Health and the Department of Drug and Alcohol Programs appeared before the House Appropriations Committee on Thursday, March 3 to discuss their FY 2023 budget proposals.  A recording of their budget hearing can be viewed here.

Among the health-related budget hearings to be held the week of March 7 are:

  • Department of Human Services (Senate Appropriations Committee) – Tuesday, March 8 at 10:00 a.m.
  • Department of Health (Senate Appropriations Committee) – Wednesday, March 9 at 10:00 a.m.
  • Department of Human Services (House Appropriations Committee) – Wednesday, March 9 at 10:00 a.m.

Find a complete schedule of the budget hearings here.

In addition,

  • The legislative Rare Disease Caucus held a press conference on Monday, February 28 to recognize February 28 as Rare Disease Day.  In addition to announcing that Senator Maria Collett (D-Bucks/Montgomery) will serve as co-chair of the Rare Disease Caucus, Senator  Kim Ward (R-Westmoreland) and her colleagues highlighted Senate Bill 196/House Bill 1664 and the Pennsylvania Rare Disease Advisory Council’s “Rare Disease Needs Assessment.”
  • The House Human Services Committee held an informational hearing this week focused on traumatic brain injury care.  A recording of the hearing can be viewed here.

State Revenue Collection

The Department of Revenue reported this week that Pennsylvania’s General Fund revenue collections for February were $155.7 million, or 6.8 percent, above the official estimate.  Fiscal year-to-date collections are $28.6 billion, which is $2 billion, or 7.5 percent, more than projected.

Centers for Medicare & Medicaid Services

CMS has issued guidance to state Medicaid programs to ensure that they are prepared to initiate eligibility renewals for all individuals enrolled in Medicaid and CHIP within 12 months of the eventual end of the public health emergency and to complete renewals within 14 months.  To help consumers maintain coverage, the guidance emphasizes current rules requiring states to provide a smooth transition to other options for those who may no longer be eligible for Medicaid or CHIP.  This letter is part of a series of guidance and tools that outline how states may address the large volume of pending eligibility and enrollment actions that will need to be addressed when they restore routine operations, including terminations of coverage.  It describes how states may distribute eligibility and enrollment work in the post-public health emergency period, mitigate churn for eligible beneficiaries who lose coverage and later reenroll, and smoothly transition individuals between coverage programs.  It reiterates options for states to align work on pending eligibility and enrollment actions after the public health ends and provides that states must initiate, rather than complete, all pending actions during the 12-month unwinding period.  In addition, it informs states that they are at risk of inappropriately terminating coverage for eligible individuals if they plan to initiate a high volume of renewals in a given month and that CMS intends to collect information on all states’ plans to adopt strategies that will promote continuity of coverage and guard against inappropriate terminations.  Learn more from this CMS letter to state Medicaid officials.

Department of Health

  • The Department of Health (DOH) has unveiled what it is calling “innovative delivery models” that it hopes will “…provide options that will preserve and increase access to high quality care in areas that may be medically underserved” and “… give rural hospitals flexibility to address historic challenges so they can maintain emergency care in local communities.”  The three models DOH introduced are:
  • Outpatient emergency departments, which DOH defines as “…an outpatient location of a hospital that offers only emergency services and is not located on the grounds of the main licensed hospital.”  Go here for criteria and guidance for implementing outpatient emergency departments.
  • Micro-hospitals, which DOH defines as “…an acute care hospital that offers emergency services and maintains facilities for at least 10 inpatient beds with a narrow scope of inpatient acute care services, such as no surgical services.”  Go here for DOH guidance on operating micro-hospitals.
  • Tele-emergency departments, or tele-EDs, which DOH defines as “…an emergency department in an acute care or critical access hospital that is staffed by Advanced Practice Providers (APP) 24 hours per day/7 days per week with a physician available at all times through telecommunications but not physically present in the emergency department.”  DOH provides guidance on operating tele-EDs here.

Learn more about DOH’s innovative delivery models from the following resources:

In addition, DOH has established a web page for its innovative delivery models.

Department of Human Services

  • The Department of Human Services (DHS) has published the minutes of the February 24 meeting of its Medical Assistance Advisory Committee.  Find them here.
  • DHS has added a procedure code to the Medical Assistance fee schedule for over-the-counter COVID-19 tests.  Learn about the code, its intended use, and its effective date in this Pennsylvania Bulletin notice.
  • DHS has posted a notice informing presumptive eligibility providers that the income guidelines used to determine presumptive eligibility have been updated effective January 12, 2022 and reminding them that they can make presumptive eligibility decisions for pregnant women.  Find the notice here.
  • DHS has posted a reminder that all enrolled physicians, audiologists, pharmacies, medical suppliers, and outpatient hospital clinics that dispense hearing aid supplies to Medicaid beneficiaries must submit a copy of their renewed DOH certification to MA Provider Enrollment by March 16 to provide and bill DHS for hearing aid supplies.  Find the notice here.
  • DHS has updated its list of participating providers in its Healthy Beginnings Plus program.
  • DHS has updated its Medicaid managed care organization directory.

COVID-19:  By the Numbers

  • Daily COVID-19 case counts have fallen significantly over the past month.  On February 1 the state’s seven-day average of new cases was 5685 cases a day; on March 1 it was 1677 cases a day.
  • The number of new COVID-19-related deaths follows the same downward trend:  Pennsylvania’s seven-day average of deaths was 155 deaths a day on February 1 but was just half that, 78 cases a day, on March 1.
  • The Department of Health also reports that approximately 7.5 percent of all staffed adult ICU beds in the state are occupied by COVID-19 patients this week, down from 9.9 percent last week, and that 24 percent of all ventilators in the state are currently in use, down from 25.8 percent last week.
  • The decline in the number of Pennsylvania counties experiencing a substantial rate of community transmission of COVID-19 – the highest rate – continues.  This past week, Delaware, Lehigh, and Perry counties were all in moderate states of community transmission and 26 other counties – Allegheny, Berks, Bucks, Butler, Carbon, Chester, Cumberland, Dauphin, Erie, Juniata, Lancaster, Lawrence, Lebanon, Luzerne, Lycoming, Mercer, Monroe, Montgomery, Montour, Northampton, Northumberland, Snyder, Sullivan, Venango, Washington, Wyoming – were experiencing “only” substantial rates of community transmission.
  • The decline in the number of new COVID-19 cases is reflected in a 70 percent decline from February 1 to March 1 in the number of Pennsylvanians hospitalized with the virus; a 66 percent decline in the number of patients on ventilators during that same period of time; and a 67 percent month-to-month decline in the number of COVID-19 patients in hospital ICUs.

Stakeholder Events

Department of Health – Advisory Health Board – March 16

The Department of Health’s Advisory Health Board will meet virtually on Wednesday, March 16 at 2:00 p.m. to discuss programmatic and departmental activities.  For information about how to participate, see this Pennsylvania Bulletin notice.

Patient Safety Authority – March 17

The Patient Safety Authority will hold a virtual public meeting on Thursday, March 17 at 1:00 p.m.  Learn how to join the meeting from this Pennsylvania Bulletin notice.

Department of Health – Newborn Screening and Follow-Up Technical Advisory Board – March 30

The Department of Health’s Newborn Screening and Follow-Up Technical Advisory Board will hold a virtual public meeting on Wednesday, March 30, 2022 at 10:00 a.m.  The agenda will include discussions about board member terms; updates from the Bureau of Family Health and the RUSP workgroup; a discussion on pyruvate dehydrogenase; and updates from the Ethics, Lysosomal Storage Disorders/X-ALD, Cystic Fibrosis, Hemoglobinopathy and Critical Congenital Heart Defects subcommittees.  Learn how to join the meeting in this Pennsylvania Bulletin notice.

PA Health Policy Update for the Week of February 7-11

The following is an update of selected state health policy developments in Pennsylvania for the week of February 7-11, 2022.  (Some of the language used below is taken directly from state documents.)

Proposed State FY 2023 Budget

This week Governor Wolf proposed his state budget for FY 2023.  Pennsylvania will go into FY 2023 with a budget surplus of approximately $3 billion and more than $2 billion in unspent federal American Rescue Plan Act (ARPA) funds.  Health care highlights include a $91 million increase in Medicaid rates for skilled nursing facilities; a $37 million increase in funding for county mental health services; and $325 million in ARPA fund spending for long-term care recruitment and retention, health care workforce development, behavioral health workforce expansion, and loan forgiveness for critical care workers (highlighted here).

The proposed state funding for the Department of Human Services is nearly $4 billion more than the current fiscal year’s total, though much of that reflects increased spending attributable to the loss of enhanced federal matching funds.  Proposed spending increases include:

  • rate increases for HealthChoices, Community HealthChoices, and CHIP managed care plans
  • increased Supplemental Nutrition Assistance Program benefits
  • increased supplemental payments to personal care homes
  • increased county mental health funding
  • reducing the waiting list for intellectual disability services
  • expanding court-appointed child special advocates
  • expanding access to evidence-based home visiting programs (for parents of young children).

The budget also assumes a slight decrease in Medicaid spending attributable to the expectation that once the COVID-19 public health emergency officially ends states will be required to redetermine eligibility for the program – they are not permitted to do this during the emergency in exchange for additional federal assistance – and that Pennsylvania’s Medicaid enrollment will then be reduced.  The budget assumes a smaller increase in CHIP spending for the same reason.

For further information, find Wolf administration budget documents here and a summary of the proposed Department of Human Services budget here.

Governor Wolf

Governor Wolf signed House Bill 1082 into law on Wednesday following its unanimous passage by the House and Senate.  Act 9 of 2022 directs the Department of Health to establish and maintain an “Early Detection and Diagnosis of Alzheimer’s Disease or a Related Disorder” toolkit that includes best practices and cognitive assessment tools, including the use of appropriate diagnostics, to assist the primary care workforce with the detection, diagnosis, treatment, and care planning for individuals with Alzheimer’s disease.  It also makes a technical change in the definition of “High Medical Assistance hospital” in Act 2 (House Bill 253) to align it with the legislation’s original intent.

Governor Wolf signed Senate Bill 739 following its unanimous passage in the House and Senate.  Act 10 of 2022 appropriates $25 million in American Rescue Plan Act funding to support Pennsylvania’s emergency management services (EMS) companies.  A press release issued by the governor’s office can be viewed here.

General Assembly

  • The state House and Senate convened for voting session this week.  The following is a selection of health-related bills that received consideration.
    • House Bill 1440 passed on third and final consideration by a vote of 132 to 67.  This bill provides for the regulation and licensure of medical imaging and radiation therapy professionals.  It will now be sent to the Senate.
    • House Bill 19, which creates professional licensure for behavior analysts, passed on third and final consideration by a vote of 134-66.  The bill was received in the Senate and referred to the Consumer Protection and Professional Licensure Committee.
  • The House Health Committee convened on Monday, February 7 and favorably reported House Bill 1741, which allows for the prescribing and dispensing of off-label drugs to treat COVID-19, and House Bill 1693, which requires nursing home residents to be notified at the time of their admission that they have the option of having legal representation to assist with applying for Medicaid benefits.
  • The Senate Health & Human Services Committee met on Wednesday, February 9 and favorably reported Senate Bill 1057, which enables pharmacists to be reimbursed for administering COVID-19 antigen tests.
  • The House Appropriations Committee will begin budget hearings next Tuesday, February 15.  The Senate Appropriations Committee will begin budget hearings the following week, on February 22.  The hearing schedules can be viewed here.

Department of Human Services

  • The Department of Human Services (DHS) has issued a Medical Assistance Bulletin informing providers that Chartwell Pennsylvania will be the preferred specialty pharmacy in the Medicaid fee-for-service specialty pharmacy drug program effective July 1 and explaining to providers how to access drugs included in that program.  The bulletin applies to pharmacies and prescribers enrolled in Medicaid that serve participants in the fee-for-service delivery system.  Find the bulletin here.
  • DHS has updated the Medicaid program fee schedule to include a CPT code for dispensing the oral antiviral therapeutics Paxlovid (nirmatrelvir tablets and ritonavir tablets, co-packaged for oral use) and molnupiravir capsules for treatment of COVID-19.  Learn more, including the new CPT code, in this Pennsylvania Bulletin notice, which also includes information about submitting comments in response to this action.  Such comments are due within 30 days.
  • DHS has released the minutes of the January 27 meeting of the Medical Assistance Advisory Committee meeting.  Find them here.

Department of Health

The Department of Health (DOH) has updated its infection prevention and control recommendations for health care settings during the COVID-19 pandemic.  The update reflects a recent revision in the CDC’s guidance.  Find the state update here.

DOH has updated its information about state-sponsored COVID-19 testing sites in Berks, Blair, Centre, Clinton, Clearfield, Fayette, Monroe, Somerset, and Venango counties and its map of additional testing sites around the state.  Learn more in this DOH news release.

COVID-19:  By the Numbers

  • Daily COVID-19 case counts remain very high but fell significantly again over the past week.  Pennsylvania’s seven-day average yesterday (February 10) was 5163 cases day; a week ago (February 3) its seven-day average was 8512 cases a day.
  • To date, Pennsylvania has experienced more than 2.7 million cases of confirmed or probable COVID-19.
  • The number of new COVID-19-related deaths also remains very high but declined slightly over the past week.  Pennsylvania’s seven-day average yesterday (February 10) was 119 deaths a day; a week ago (February 3) its seven-day average was 135 deaths a day.
  • To date, more than 42,000 Pennsylvanians have died from COVID-19.
  • The Department of Health reports that the percentage of available adult ICU beds rose from 18.9 percent to 23.6 percent during the past week but the percentage of available pediatric ICU beds fell slightly, from 14.4 percent to 14 percent, over the same period of time.
  • The Department of Health also reports that that in approximately 17.3 percent of all staffed adult ICU beds are COVID-19 patients this week, down from 22.1 percent last week, and that 27.6 percent of all ventilators in the state are currently in use, down from 30.6 percent last week.
  • 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 36 percent decline over since February 1 in the number of Pennsylvanians hospitalized with the virus.  The number of people on ventilators also has fallen 36 21 percent since the first of the month and the number in ICUs has fallen 37 percent.

Stakeholder Events

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.

DHS – Managed Long-Term Services and Supports Subcommittee – March 1

The Medical Assistance Advisory Committee’s managed long-term services and support (MLTSS) subcommittee will meet virtually on Tuesday, March 1 at 10:00 a.m.  Go here to register to participate.

 

Wolf Proposes New Health Care Spending

Pennsylvania would spend $325 million in federal funds to support parts of its health care delivery system infrastructure that have shown cracks during the COVID-19 crisis under Governor Tom Wolf’s proposed FY 2023 budget.

That budget, unveiled on Tuesday, February 8, includes funding, as described in a Wolf administration news release, for

  • $250 million for long-term care recruitment and retention incentives and workforce development initiatives to grow the critical healthcare workforce​;
  • $40 million for the behavioral health workforce to expand county mental health programs; and 
  • $35 million to expand the student loan forgiveness program at PHEAA to include additional critical healthcare workers.

Funding for these purposes would come from federal American Rescue Plan Act allocations to Pennsylvania.

Find the news release with this information here and find proposed FY 2023 budget documents here.

 

2022-02-09T16:48:24+00:00February 9th, 2022|Pennsylvania proposed FY 2023 budget|Comments Off on Wolf Proposes New Health Care Spending
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