The following is an update of selected state health policy developments in Pennsylvania for the week of March 28-April 1, 2022.  (Some of the language used below is taken directly from state documents.)

Governor Wolf

Governor Wolf has signed into law Senate Bill 1019, which temporarily extends certain suspensions of regulations and statutes that were issued by agencies under the COVID-19 disaster declaration through June 30, 2022.

General Assembly

• The House Health Committee convened on Tuesday, March 29 and favorably reported House Bill 2357, which prohibits the preparation, manufacture, sale, or distribution of unsafe kratom products, and House Bill 2401, which makes permanent two COVID-19 waivers that permit non-physician practitioners to order and oversee orders for home health care services and permits the continued use of remote supervisory visits by registered nurses.
• The House Insurance Committee met on Tuesday and favorably reported House Bill 2419, which expands access to outpatient psychiatric care via telemedicine.
• The state Senate will be in session next Monday (4/4), Tuesday (4/5), and Wednesday (4/6). The House will be in recess next week.

Revenue Collection Update

The Independent Fiscal Office has released its March 2022 Revenue Update.  General Fund collections for March were $579.2 million or 11.6 percent above estimate.  Year-to-date General Fund revenue is $3.04 billion or 9.8 percent more than projected.

Department of Human Services

• The Department of Human Services (DHS) has informed providers that effective Friday, April 1 at 12:00 a.m. the current Medical Assistance Provider Forms webpage will no longer be accessible.  Instead, providers may order and receive Medical Assistance provider forms here.  Find updated instructions here.  DHS also offered the following explanation to stakeholders:

Over the next few months, the Department of Human Services (DHS) is transitioning web-based forms to a new enterprise solution. While we strive to provide a seamless transition, we understand there may be issues along the way. If you have any bookmarked links, they may no longer work. If you are trying to access an old link that no longer works, please go to https://www.dhs.pa.gov/docs/Publications/Pages/Express-Forms-Transition.aspx for a list of affected forms.

We understand that there may be confusion and issues that arise during this transition, and we appreciate your patience. If you identify a problem following the transition, please reach out to DHS’s Digital Communications Team at RA-PWDHSSOCIALMEDIA@pa.gov and we will assist you as we are able.

• DHS has issued a Medical Assistance Bulletin advising providers that the Medical Assistance program is extending postpartum coverage from 60 days to 12 months beginning on April 1 and that this applies to all providers enrolled in the Medical Assistance program.  Find the bulletin here.
• As part of the response to the COVID-19 emergency, numerous state regulatory requirements were suspended by the legislature and DHS to facilitate an effective, timely response to the pandemic.  Over time, some of those suspended requirements have been restored.  DHS has updated its collection of regulatory requirements to reflect which suspensions remain in effect and which have been lifted.  Find that compendium here.
• DHS has posted a notice informing providers that the Provider Electronic Solutions software they may have used to submit HIPAA-ready transactions to the PROMISe system will not be supported after June 15 and urging them to use the PROMISe Provider Portal to submit claims, validate eligibility, conduct claim inquiries, and view their weekly remittance advice.  Find that notice here.
• DHS has posted a notice reminding Medical Assistance billing entities that federal law requires physicians and other practitioners who order, refer, or prescribe items or services for Medicaid beneficiaries to be enrolled in the Medical Assistance program and suggesting that billing entities remind unenrolled billing providers about this requirement.  Find the notice here.
• DHS has posted a notice reminding providers that the two percent Medicare sequestration imposed in 2013 and suspended in 2020 in response to the COVID-19 pandemic will be restored partially on April 1 and fully after July 1.  Find that notice here.
• DHS has updated its “Monthly Physical Health Managed Care Program Enrollment Report” to include January 2022 data.
• DHS has posted presentations delivered at the March 24 meeting of its Medical Assistance Advisory Committee (MAAC).  See the presentations from:
  • The Office of Medical Assistance Programs
  • The Office of Long-Term Living
  • The Office of Developmental Programs
  • The Office of Mental Health and Substance Abuse Services
• The federal Centers for Medicare & Medicaid Services (CMS) has released an informational bulletin informing state Medicaid agencies that CMS is exercising enforcement discretion during the COVID-19 public health emergency regarding state submissions of updated Medicaid access monitoring review plans.  CMS is delaying enforcement of the updated plans that are due by October 1, 2022 until October 1, 2024.  Find the CMS informational bulletin here.

COVID-19:  By the Numbers

• Daily COVID-19 case counts climbed slightly over the past week.  On Wednesday, March 23 the state’s seven-day average of new cases was 574 cases a day; on March 31 it was 585 cases a day.
• The number of new COVID-19-related deaths, on the other hand, fell by more than half over the past week, with the March 24 seven-day average of 37 deaths falling to 18 on March 31.
• For the third consecutive week, no Pennsylvania counties are experiencing a high rate of community transmission.  For the second consecutive week, just eight counties experienced a substantial rate of community transmission.  Three counties – down from four last week – are experiencing a low rate of community transmission.  The rest of the state – 56 counties – is experiencing a moderate rate of community transmission of COVID-19.
• The number of Pennsylvanians receiving hospital care for COVID-19 fell significantly during March:  the number hospitalized declined from 1356 on March 1 to 481 on March 31; the number being treated on a ventilator from 163 on March 1 to 54 on March 31; and the number in hospital ICUs from 252 on March 1 to 75 on March 31.

Department of Drug and Alcohol Programs

The departments of Drug and Alcohol Programs (DDAP) and Community and Economic Development have announced the availability of more than $1 million in grant funding for recovery houses to provide safe housing for individuals in recovery from a substance use disorder.  The grants are designed to help existing recovery house facilities with physical upgrades to comply with all federal, state, and local laws and ordinances, including the Americans with Disabilities Act of 1990.  Grants of up to $50,000 for a 12-month period beginning July 1, 2022 will be awarded to between 22 and 25 eligible applicants for health and safety upgrades including demolition, debris removal, rehabilitation improvements, environmental remediation costs, and construction and inspections to comply with DDAP’s regulations.  Learn more from this Department of Drug and Alcohol Programs news release and go here for additional information about the grant program and the application process.  There is no application deadline; applications will be accepted until all of the available money is spent.

In September of 2021, Governor Wolf signed into law Act 73, which extended three of DDAP’s temporary regulatory suspensions through March 31, 2022 in response to the COVID-19 pandemic.  This week Governor Wolf signed Senate Bill 1019, which further extends DDAP’s regulatory suspensions that are “related to federal exemptions granted under the federal public health emergency declaration” until “the last day federal exemptions granted under the federal public health emergency declaration are authorized.”  Three DDAP regulatory suspensions and a relevant Department of State regulation are included in this chart and also remain suspended.  In November of 2021, the federal Substance Abuse and Mental Health Services Administration (SAMHSA) announced that methadone take-home flexibilities will be extended for one year after the eventual expiration of the federal COVID-19 public health emergency.  DDAP has submitted its written concurrence with this exemption.  SAMHSA also has indicated that it is considering mechanisms to make this flexibility permanent.  Narcotic treatment programs do not need to do anything additional at this time to continue taking advantage of this flexibility. Similarly, the U.S. Drug Enforcement Administration (DEA) also has announced that it is working to make its tele-prescribing regulations permanent.

Stakeholder Events

Department of Health – Health Research Advisory Committee – April 4

The Department of Health’s Health Research Advisory Committee will meet virtually on Monday, April 4 at 10:00 a.m. to review the committee’s work, confirm its 2022 priorities, plan future health research priorities, and address emerging issues.  To learn more about the meeting and how to participate, see this Pennsylvania Bulletin notice.

Department of Human Services – Medical Assistance Advisory Committee – Managed Long-Term Services and Supports subcommittee – April 5

The Medical Assistance Advisory Committee’s managed long-term services and supports committee will meet virtually on Tuesday, April 5 at 10:00 a.m.  Public comments will be taken after each presentation.  Questions can be entered into the meeting’s chat box during the presentations and will be asked at the end of each presentation.  There will be an additional period at the end of the meeting for additional public comments.  Go here to register to participate.

Pennsylvania Long-Term Care Learning Network – Strategies to Reduce Hospitalizations and Emergency Room Visits – April 7

The Pennsylvania Long-Term Care Learning Network, part of DHS’s Quality Strategy for Nursing
Facilities, is holding a virtual webinar “Strategies to Reduce Hospitalizations and Emergency Room Visits” on Thursday, April 7 at 2:00 p.m.  Go here to register to participate.

Department of Aging – Pharmaceutical Assistance Advisory Board Virtual Meeting – April 13

The Department of Aging’s Pharmaceutical Assistance Advisory Board will meet virtually on Wednesday, April 13 at 8:30 a.m.  For information about how to participate, see this Pennsylvania Bulletin notice.

Department of Health – Spinal Cord Research Advisory Committee – April 21

The Department of Health’s Spinal Cord Research Advisory Committee will meet virtually on Thursday, April 21 at 10:30 a.m.  The purpose of this meeting is to review the committee’s work, review the status and progress of the current request for applications, reaffirm priorities, evaluate and refine the process to review the next spinal cord research applications, and address emerging issues.  For information about how to join the meeting, see this Pennsylvania Bulletin notice.

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

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

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

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