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PA Bulletin, Doc. No. 24-135

NOTICES

DEPARTMENT OF
HUMAN SERVICES

Availability of Amendments to the Office of Developmental Programs' Consolidated, Community Living, Person/Family Directed Support and Adult Autism Waivers

[54 Pa.B. 556]
[Saturday, February 3, 2024]

 The Department of Human Services (Department) is making available for public review and comment the Office of Developmental Programs' proposed amendments to the Consolidated, Person/Family Directed Support (P/FDS), Community Living and Adult Autism waivers, which will be effective May 1, 2024.

Background

 Whenever substantive changes are made to an approved waiver, the Department must submit an amendment to the Centers for Medicare & Medicaid Services for approval.

 The Department proposes to amend the Consolidated, P/FDS, Community Living and Adult Autism waivers to allow providers to request a one-time supplemental payment to cover recruitment, retention and any unusual staffing expenses resulting from the novel coronavirus (COVID-19) pandemic for direct support professionals, frontline supervisors or supports coordinators. The one-time supplemental payments can be used to fund excessive overtime, shift differential incentives, costs of recruitment efforts, sign-on bonuses, retention bonuses, wage increases for supports coordinators, supports coordinator supervisors, direct support professionals and frontline supervisors and other incentive payments. The funding is intended to allow providers to accept new participants into service. Payments may not be used to increase or supplement compensation for agency executive staff.

 Providers must request the one-time supplemental payments which will be calculated as a percentage of total claims paid to a provider for participants in the Consolidated, P/FDS, Community Living and Adult Autism waivers for the following services. Payments will be calculated at 6% of fee for services revenue received for services rendered between July 1, 2023, through December 31, 2023, for the following services.

 Providers of the following services in the Consolidated, Community Living and P/FDS waivers may receive supplemental payments:

 • Advanced Supported Employment

 • Behavioral Support

 • Benefits Counseling

 • Communication Specialist

 • Community Participation Support

 • Companion

 • Consultative Nutritional Services

 • Family/Caregiver Training and Support

 • Homemaker/Chore

 • Housing Transition and Tenancy Sustaining Services

 • In-Home and Community Support

 • Licensed and Unlicensed Life Sharing

 • Music, Art and Equine Assisted Therapy

 • Licensed and Unlicensed Residential Habilitation

 • Respite

 • Shift Nursing

 • Small Group Employment

 • Supported Employment

 • Supported Living

 • Supports Broker

 • Supports Coordination

 • Therapy (Physical, Speech/Language, Occupational, Orientation, Mobility and Vision)

 • Transportation Trip

 Providers of the following services in the Adult Autism waiver may receive supplemental payments:

 • Career Planning

 • Day Habilitation

 • Family Support

 • Nutritional Consultation

 • Residential Habilitation (Community Homes and Life Sharing)

 • Respite

 • Small Group Employment

 • Specialized Skill Development (Behavioral Specialist Services, Systematic Skill Building and Community Support)

 • Supported Employment

 • Supports Coordination

 • Temporary Supplemental Services

 • Therapies (Speech/Language and Counseling)

 • Transportation Trip

 Copies of this notice and documents containing the proposed amendments to the Consolidated, Community Living, P/FDS and Adult Autism waivers may be obtained by contacting Julie Mochon, Department of Human Services, Office of Developmental Programs, 625 Forster Street, Room 510, Harrisburg, PA 17120, RA-odpcomment@ pa.gov.

 The proposed amendments to the Consolidated, Community Living, P/FDS and Adult Autism waivers, effective May 1, 2024, are also available at https://www.dhs.pa. gov/Services/Disabilities-Aging/Pages/Proposed-Waiver-Amendments.aspx.

Fiscal Impact

 In Fiscal Year 2023-2024 the anticipated cost for the Intellectual Disabilities (ID)—Community Waiver Programs' one-time supplemental payments is $107.8 million ($50.7 million in State funds) and for ID—Autism is $1.0 million ($470,000 in State funds).

Public Comment

 Interested persons are invited to submit written comments regarding the proposed amendments to the waivers. Comments should be addressed to Julie Mochon, Department of Human Services, Office of Developmental Programs, 625 Forster Street, Room 510, Harrisburg, PA 17120. Comments may also be submitted to the Department at RA-odpcomment@pa.gov using the subject header ''Waiver Comments.''

 Comments received within 30 days of publication of this notice will be reviewed and considered for revisions to the proposed amendments to the waivers.

 Persons with a disability who require an auxiliary aid or service may submit comments using the Pennsylvania Hamilton Relay Service by dialing 711 or by using one of the toll-free numbers: (800) 654-5984 (TDD users), (800) 654-5988 (voice users), (844) 308-9292 (Speech-to-Speech) or (844) 308-9291 (Spanish).

VALERIE A. ARKOOSH, 
Secretary

Fiscal Note: 14-NOT-1609. Under section 612 of The Administrative Code of 1929 (71 P.S. § 232), (1) General Fund;

 (7) ID—Community Waiver Program; (2) Implementing Year 2023-24 is $50,700,000; (3) 1st Succeeding Year 2024-25 through 5th Succeeding Year 2028-29 are $0; (4) 2022-23 Program—$1,877,000,000; 2021-22 Program—$1,799,000,000; 2020-21 Program—$1,622,000,000;

 (7) Autism Intervention and Services; (2) Implementing Year 2023-24 is $470,000; (3) 1st Succeeding Year 2024-25 through 5th Succeeding Year 2028-29 are $0; (4) 2022-23 Program—$27,610,000; 2021-22 Program—$27,493,000; 2020-21 Program—$27,262,000;

 (8) recommends adoption. Funds have been included in the budget to cover this increase.

[Pa.B. Doc. No. 24-135. Filed for public inspection February 2, 2024, 9:00 a.m.]



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