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PA Bulletin, Doc. No. 13-1178

NOTICES

Proposed Fee Schedule Rates and Department-Established Fees for Consolidated and Person/Family Directed Support Waivers Services, Targeted Services Management and the Community Intellectual Disability Base-Funded Program

[43 Pa.B. 3588]
[Saturday, June 29, 2013]

 The purpose of this notice is to announce the Department of Public Welfare's (Department) proposed Fee Schedule Rates for select services funded through the Consolidated and Person/Family Directed Support waivers (waivers), the Department-established fees for residential ineligible services and fee for Targeted Service Management (TSM) effective July 1, 2013. These proposed Fee Schedule Rates also serve as the Department-established fees under 55 Pa. Code § 4300.115(a) (relating to Department established fees) for base-funded services managed through county programs for individuals with an intellectual disability under the Mental Health and Intellectual Disability Act of 1966 (50 P. S. §§ 4104—4704), 55 Pa. Code Chapter 4300 (relating to county mental health and mental retardation fiscal manual) and 55 Pa. Code Chapter 51 (relating to Office of Developmental Programs home and community-based services).

Fee Schedule Rates

 As part of the Department's efforts to continue to align rates and rate-setting methodology across all offices and programs, the Department used a market-based approach to develop the Fee Schedule Rates. This process includes a review of the waiver service definitions and a determination of allowable cost components which reflect costs that are reasonable, necessary and related to the delivery of the service. The Fee Schedule Rates were established by the Department to fund the services at a level sufficient to provide access to services, encourage provider participation and promote provider choice, while at the same time ensuring participant health and welfare and fiscal accountability.

 The Fee Schedule Rates are identified under the following categories: Select Community-Based Services and Agency with Choice/Financial Management Services (AWC/FMS), including benefit allowance and excluding benefit allowance.

 The Select Community-Based Services include behavior support, companion, home and community habilitation unlicensed, homemaker/chore, licensed day habilitation (adult training), prevocational services, therapy (physical, occupational, speech and language, individual behavior therapy, group behavior therapy and visual/mobility), nursing, older adult day, supplemental habilitation, additional individualized staffing, supported employment, supports broker, supports coordination, transitional work and all waiver-funded respite care services, excluding respite camp which is a vendor service.

 AWC/FMS (including and excluding benefit allowance) includes home and community habilitation (unlicensed), companion services, unlicensed in-home and out-of-home respite, supported employment, supports broker and homemaker/chore services. There are two separate tables for AWC/FMS, one provides the fee schedule rate including a benefit allowance and the other provides the fee schedule rate excluding a benefit allowance. The benefit allowance is provided as an option for the managing employer to include benefits such as disability insurance, life insurance, retirement savings and paid time off to the support service worker.

 In developing the proposed Fee Schedule Rates, the Department evaluated information from the following:

 • The United States Bureau of Labor Statistics.

 • Wages resulting from a Commonwealth-specific compensation study.

 • Other independent data sources.

 The Department considered the expected expenses for the delivery of services under the waivers for the following major allowable cost categories:

 • Wages for direct care workers and other program staff, such as supervisors and program specialists, when applicable.

 • Employee-related expenses for health insurance and other benefits, employer taxes, paid time off and training time.

 • Productivity related to the amount of time a direct care staff person is expected to be engaged in activities for which a claim can be submitted.

 • Program indirect expenses, including transportation-related costs.

 • Administration-related expenses.

 In addition to the cost categories previously outlined, the Department considered as part of the rate development process the impact of the Federal Patient Protection and Affordable Care Act (Pub. L. No. 111-148) (ACA) may have on provider costs to provide services. Under the ACA, employers with 50 or more full-time employees will be required, beginning January 1, 2014, to offer meaningful and affordable health insurance options to full-time employees. The ACA defines a full-time employee as an employee who on average works 30 or more hours per week. Because the Fee Schedule Rates for services delivered under the traditional agency model already include costs associated with employer-paid health care coverage and the Department has confirmed, after reviewing currently available information, that these rates are sufficient to cover any costs under the new ACA requirements, the Department has determined that it does not need to adjust the rates for services delivered under the traditional agency model as a result of the ACA.

 Currently available information indicates that AWC/FMS providers will be subject to the same provisions of the ACA as traditional agency employers. This means that AWC support service workers who work full-time will be considered ''full-time employees'' of the AWC providerorganization. Because the Fee Schedule Rates for AWC services did not include costs associated with employer-paid health care coverage, the Department adjusted the Fee Schedule Rates for AWC services to include consideration for costs associated with employer-paid health care coverage.

 The proposed Fee Schedule Rates should be used to process claims submitted to the Provider Reimbursement and Operations Management Information System in electronic format (PROMISeTM) for services provided until a notice announcing final Fee Schedule Rates is published.

Department-Established Fees

 Similar to the process used to develop the Fee Schedule Rates, the Department-established fees for residential ineligible services were developed using a market-based pricing methodology. This process included a determination of allowable residential occupancy cost components which reflect costs that are reasonable and necessary to deliver the service.

 The Department considered information from the United States Bureau of Labor Statistics, United States Department of Agriculture, responses from providers to a maintenance cost survey, as well as other independent data sources. Expected occupancy-related expenses for the following major allowable cost categories were considered:

 • Operating-related costs, including occupancy and utility expenses.

 • Maintenance and service agreement-related costs.

 • Food and other individual-related occupancy expenses, such as household consumables.

 • Administration-related expenses.

 The Department-established fees represent a per-person, per-day net fee based on the size of the home (such as a one-individual home or two-individual home) and type of home (defined by licensed, unlicensed or family living home). The fee does not include consideration for payment by the participant, as it is the provider's responsibility to collect that portion of payment from the participant. The Department used the following process to develop the proposed per-person, per-day net fees:

 • Established gross fees (so that the fees do include consideration for participant contribution toward room and board) based on home size and type of home.

 • Applied a standardized vacancy factor of 97% to the gross fees to reflect that providers do not bill for vacant days.

 • Adjusted the gross fees by geographical area factors to reflect consideration for differences in costs observed across this Commonwealth. Refer to the following Geographic Areas section for additional information on the geographical areas.

 • Adjusted the area-specific gross fees by subtracting the participant contribution toward room and board. The participant contribution amount removed from the area-specific gross fees will be equal to 72% of the sum of the maximum supplemental security income amount for 2013 and the Commonwealth supplemental payment, converted to a daily amount.

 The proposed Department-established fees for residential ineligible services were developed to fund the residential occupancy costs at a level sufficient to provide access to services, encourage provider participation and promote provider choice, while at the same time ensuring participant health and welfare and fiscal accountability.

 The proposed Department-established fees should be used to process claims submitted to the PROMISeTM in electronic format for services provided until a notice announcing final Department-established fees is published.

Geographic Areas

 After developing a single fee for each service, the Department adjusted each fee schedule rate and Department-established fee by geographical area factors to reflect consideration for differences in costs observed across this Commonwealth. Because stakeholders raised concerns regarding the changes in the geographic areas and factors made for Fiscal Year (FY) 2012-2013, the Department reviewed the most recently available (2011) United States Bureau of Labor Statistics Commonwealth-specific wage data for the applicable occupations in concert with 2010 wage data. Based on this review, the Department concluded that there was no need to change the three areas and area factors for FY 2013-2014. The geographic areas are as follows:

Area 1: Adams, Cumberland, Dauphin, Delaware, Lancaster, Lebanon, Lehigh, Montgomery, Northampton, Perry, Philadelphia, York

Area 2: Allegheny, Berks, Bucks, Chester, Franklin, Fulton

Area 3: Armstrong, Beaver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk, Erie, Fayette, Forest, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming, McKean, Mercer, Mifflin, Monroe, Montour, Northumberland, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, Wyoming

TSM Fee

 TSM is provided under the State Plan to eligible Medical Assistance (MA) recipients. This service is provided consistent with the supports coordination service definition. The supports coordination MA fee identified in the fee schedule rate chart is also applicable to TSM.

Fee Schedule Rates and Department-Established Fees Tables: Effective July 1, 2013

 Modifier ET must be used with applicable procedure codes when billing for temporary Base-funded services.

 The supports coordination MA fee identified as follows and billed with procedure code W7210 is also applicable to TSM and base funded supports coordination.

 Prior authorization must be obtained from the Department for services denoted by (PA) in the service row in the following table.

Fee Schedule Rates

ServiceProcedureModifierProviderSpecialtyUnitArea 1Area 2Area 3
CodeTypeCode
Nursing Services: LPN T2025TE0505115 min.$11.36$10.76$10.05
TE & ET
TE16161
TE & ET
Nursing Services: RN T2025 TD 05 051 15 min. $14.72 $13.94 $13.03
TD & ET
TD 16160
TD & ET
Physical Therapy T2025GP17 170 15 min. $21.61 $20.46 $19.12
GP & ET
Occupational TherapyT2025GO 17 171 15 min. $20.93 $19.82 $18.52
GO & ET
Speech and Language Therapy T2025 GN 17 173 15 min. $19.23 $18.21 $17.02
GN & ET
Individual Behavioral Therapy T2025 HE 19 208 15 min. $25.29 $23.95 $22.38
HE & ET
Group Behavioral Therapy T2025 HE&HQ 19 208 15 min. $8.09 $7.66 $7.16
HE, HQ & ET
Visual/Mobility Therapy W7246 51 517 15 min. $19.23 $18.21 $17.02
ET
Companion, Basic staff support W172451 363 15 min. $1.26 $1.19 $1.12
ET
Companion, level 1W1725 51 363 15 min. $1.46 $1.38 $1.29
ET
Companion, level 2 W1726 51 363 15 min. $2.23 $2.11 $1.97
ET
Companion, level 3 W1727 51 363 15 min. $6.11 $5.79 $5.41
ET
Supplemental Habilitation, 1:1(PA) W7070 52 456, 520, 521 or 522 15 min. $5.41 $5.12 $4.79
ET
Supplemental Habilitation, 2:1(PA) W708452 456, 520, 521 or 522 15 min. $10.81 $10.24 $9.57
ET
Additional Individualized Staffing, 1:1(PA) W708552 456, 520, 521 or 522 15 min. $5.41 $5.12 $4.79
Additional Individualized Staffing, 2:1(PA) W708652456, 520, 521 or 52215 min.$10.81$10.24$9.57
Older Adult Day Habilitation W709451 410 15 min. $2.57 $2.43 $2.27
ET
Behavioral Support W7095 51 510 15 min. $19.42 $18.39 $17.19
ET
Supports BrokerW70965151015 min.$8.65$8.19$7.65
Licensed Day-Adult W7072 5151415 min.$2.90$2.75$2.57
W7073 5151415 min.$3.55$3.36$3.14
W7074 5151415 min.$4.50$4.26$3.98
W70755151415 min.$9.16$8.67$8.11
W7076 5115 min.$13.35$12.64$11.81
W7035 15 min.$17.20$16.29$15.22
W703615 min.$25.57$24.21$22.63
PrevocationalW708715 min.$2.06$1.95$1.82
W708815 min.$2.43$2.30$2.15
W708915 min.$3.26$3.09$2.88
W709015 min.$9.06$8.58$8.02
W709115 min.$12.59$11.92$11.14
W709215 min.$17.75$16.81$15.71
W709315 min.$24.82$23.50$21.96
Supports CoordinationW72102121815 min.$21.70$20.55$19.20
Supported Employment W723553530
531
15 min.$17.75$16.81$15.71
Transitional Work W72375151615 min.$2.65$2.51$2.35
W72395151615 min.$3.55$3.36$3.14
W72415151615 min.$4.65$4.40$4.12
W72455151615 min.$11.63$11.01$10.29
Unlicensed Home and Community HabilitationW70575151015 min.$2.54$2.41$2.25
W7058 5151015 min.$3.52$3.33$3.12
W7059 5151015 min.$4.47$4.23$3.96
W70605151015 min.$7.21$6.83$6.38
W7061 5151015 min.$11.09$10.50$9.81
TD
TE
W7068 5151015 min.$13.96$13.22$12.35
W70695151015 min.$23.97$22.70$21.21
TD
TE
In Home Respite—24 hours W724751 512Day$85.20 $80.68$75.40
W7248 51 512Day$110.80$104.92$98.05
W725051512Day$241.92$229.07$214.09
W725151512Day$381.84$361.57$337.91
W725251512Day$475.82$450.56$421.08
W725351512Day$755.66$715.54$668.73
TD
TE
In Home Respite—15 MinutesW72555151215 min.$2.13$2.02$1.88
W72565151215 min.$2.77$2.62$2.45
W72585151215 min.$6.11$5.79$5.41
W72645151215 min.$9.55$9.04$8.45
W7265 5151215 min.$11.90$11.27$10.53
W72665151215 min.$18.89$17.89$16.72
TD
TE
Respite—unlicensed out of home—24 hourW800051513Day$85.20$80.68$75.40
W8001 51513Day$110.80$104.92$98.05
W8002 51513Day$241.92$229.07$214.09
W800351513Day$381.84$361.57$337.91
W800451513Day$475.82$450.56$421.08
W8005 51513Day$755.66$715.54$668.73
TD
TE Respite—unlicensed out of home—15 minuteW80105151315 min.$2.13$2.02$1.88
W80115151315 min.$2.77$2.62$2.45
W8012 5151315 min.$6.11$5.79$5.41
W80135151315 min.$9.55$9.04$8.45
TD
TE
W80145151315 min.$11.90$11.27$10.53
W80155151315 min.$18.89$17.89$16.72
TD
TE Respite—licensed out of home—24 hourW725951513Day$111.11$105.21$98.33
U2
W726051513Day$203.96$193.13$180.50
U2
W726251513Day$269.98$255.64$238.92
U2
W726351513Day$416.51$394.39$368.59
U2
W729951513Day$524.61$496.75$464.26
U2
W730051513Day$817.68$774.26$723.61
TD
TE
U2 Respite—licensed out of home—15 minutesW72675151315 min.$2.78$2.63$2.46
W72685151315 min.$3.68$3.48$3.26
W7270 5151315 min.$6.75$6.39$5.97
W74005151315 min.$10.41$9.86$9.21
TD
TE
W74015151315 min.$13.12$12.42$11.61
W74025151315 min.$20.44$19.35$18.09
TD
TE
Homemaker/Chore (permanent)W7283434301 hour$19.44$18.41$17.20
51 430 or 431
55430 or 431
Homemaker/Chore (temporary)W7283UA43430 1 hour $19.44 $18.41 $17.20
UA & ET
UA51430 or 431
UA & ET
UA45430 or 431
UA & ET

Department-Established Fees

ServiceProcedureModifierProviderSpecialtyUnitArea 1Area 2Area 3
CodeTypeCode
Licensed Community Homes—IneligibleW6091Day$72.71 $67.93 $62.35
W6093 $38.64 $35.67 $32.20
W6095 $27.32 $24.95 $22.18
W6097 $21.22 $19.17 $16.78
W6099 $16.78 $14.97$12.86
Licensed Child Residential Services— Ineligible W7011Day$72.71 $67.93 $62.35
W7013 $38.64 $35.67 $32.20
W7015 $27.32 $24.95 $22.18
W7017 $21.22 $19.17 $16.78
W7019 $16.78 $14.97$12.86
Licensed Community Residential Rehabilitation Services—Ineligible W7021Day$72.71 $67.93 $62.35
W7023 $38.64 $35.67 $32.20
W7025 $27.32 $24.95 $22.18
W7027 $21.22 $19.17 $16.78
W7029 $16.78 $14.97$12.86
Unlicensed Residential Services—Ineligible W7079Day$15.28 $13.56 $11.56
W7081 $6.14 $4.90 $3.47
W7083$5.46 $4.26 $2.87
Unlicensed Family Living Home— Ineligible W7038Day$2.70 $1.65 $0.43
W7040$1.31$0.34 $0.00
Licensed Adult Family Living Home— Ineligible W7292Day$2.70 $1.65 $0.43
W7294 $1.31 $0.34 $0.00
Licensed Child Family Living Home— Ineligible W7296Day$2.70 $1.65 $0.43
W7298 $1.31 $0.34 $0.00

Agency with Choice Financial Management Services, Including Benefit Allowance***

 ***No modifier is needed to indicate the benefit allowance is included.

ServiceProcedureModifierProviderSpecialtyUnitArea 1Area 2Area 3
CodeTypeCode
Companion, level 3W17275454015 min.$3.76$3.56$3.33
Supported EmploymentW72355454015 min.$6.96$6.59$6.16
Unlicensed Habilitation, level 3 W70605454015 min.$5.66$5.36$5.01
Unlicensed Habilitation, level 3, enhanced W706154 540 15 min. $8.82 $8.35 $7.81
TD
TE
Unlicensed Habilitation, level 4W70685454015 min.$11.34$10.74$10.04
Unlicensed Habilitation, level 4, enhancedW706954 540 15 min. $17.64 $16.70$15.61
TD
TE
Supports BrokerW70965454015 min.$6.41$6.07$5.67
Respite—unlicensed, in home, level 2W7250545401 day$268.61$254.35$237.71
W72585454015 min.$4.16$3.94$3.68
Respite—unlicensed, in home, level 2, enhanced W7251545401 day$513.63$486.36$454.54
TD
TE
W72645454015 min.$7.95$7.53$7.04
TD
TE
Respite—unlicensed, in home, level 3 W7252545401 day$537.21$508.69$475.41
W72655454015 min.$8.34$7.90$7.38
Respite—unlicensed, in home, level 3, enhancedW7253545401 day$1,027.25$972.71$909.07
TD
TE
W7266 5454015 min.$15.92$15.07$14.09
TD
TE
Homemaker/ ChoreW7283545401 hour$16.18$15.32$14.32
UA
Respite—unlicensed, out of home, level 2 W8002545401 day$268.61$254.35$237.71
W80125454015 min.$4.16$3.94$3.68
Respite—unlicensed, out of home, level 2, enhancedW8003545401 day$513.63$486.36$454.54
TD
TE
W80135454015 min.$7.95$7.53$7.04
TD
TE
ServiceProcedureModifierProviderSpecialtyUnitArea 1Area 2Area 3
CodeTypeCode
Respite—unlicensed, out of home, level 3 W8004545401 day$537.21$508.69$475.41
W8014 5454015 min.$8.34$7.90$7.38
Respite—unlicensed, out of home, level 3, enhanced W8005545401 day$1,027.25$972.71$909.07
TD
TE
W80155454015 min.$15.92$15.07$14.09
TD
TE

Agency with Choice Financial Management Services, Excluding Benefit Allowance**

 **Modifier U4 must be used with all procedures codes when billing for services excluding benefit allowance.

ServiceProcedureModifierProviderSpecialtyUnitArea 1Area 2Area 3
CodeTypeCode
Companion, level 3W1727U45454015 min.$3.14$2.97$2.78
Supported EmploymentW7235U45454015 min.$6.34$6.00$5.61
Unlicensed Habilitation, level 3W7060U45454015 min.$5.04$4.77$4.46
Unlicensed Habilitation, level 3, enhancedW7061U45454015 min.$8.20$7.76$7.26
TD & U4
TE & U4
Unlicensed Habilitation, level 4W7068U45454015 min.$10.10$9.56$8.94
Unlicensed Habilitation, level 4, enhancedW7069U45454015 min.$16.40$15.53$14.51
TD & U4
TE & U4
Supports BrokerW7096U45454015 min.$5.79$5.48$5.12
Respite—unlicensed, in home, level 2 W7250U4545401 day$228.95$216.79$202.61
W7258U45454015 min.$3.54$3.35$3.13
Respite—unlicensed, in home, level 2, enhanced W7251U4545401 day$473.97$448.80$419.44
TD & U4
TE & U4
W7264U45454015 min.$7.33$6.94$6.49
TD & U4
TE & U4
Respite—unlicensed in home, level 3W7252U4545401 day$457.89$433.58$405.21
W7265U45454015 min.$7.10$6.72$6.28
Respite—unlicensed, in home, level 3, enhancedW7253U4545401 day$947.93$897.60$838.88
TD & U4
TE & U4
W7266U45454015 min.$14.68$13.90$12.99
TD & U4
TE & U4
Homemaker/ ChoreW7283U4545401 hour$13.70$12.97$12.12
UA & U4
Respite—unlicensed, out of home, level 2W8002U4545401 day$228.95$216.79$202.61
W8012U45454015 min.$3.54$3.35$3.13
Respite—unlicensed, out of home, level 2, enhanced W8003U4545401 day$473.97$448.80$419.44
TD & U4
TE & U4
W8013U45454015 min.$7.33$6.94$6.49
TD & U4
TE & U4
Respite—unlicensed, out of home, level 3 W8004U4545401 day$457.89$433.58$405.21
W8014U45454015 min.$7.10$6.72$6.28
Respite—unlicensed, out of home, level 3, enhanced W8005U4545401 day$947.93$897.60$838.88
TD & U4
TE & U4
W8015U45454015 min.$14.68$13.90$12.99

Fiscal Impact

 It is anticipated there will be an approximate cost to the Commonwealth of $20.959 million ($9.900 million State funds) in FY 2013-2014 and subsequent fiscal years. The amount of funding available for this program is dependent upon the funds appropriated by the General Assembly for the forthcoming fiscal year; therefore, until a budget bill is passed and enacted, the fiscal impact associated with this notice is estimated.

Public Comment

 Copies of this notice may be obtained at the local Mental Health/Intellectual Disability (MH/ID) County Program, Administrative Entity (AE) or regional Office of Developmental Programs in the corresponding regions:

 • Western region: Piatt Place, Room 4900, 301 5th Avenue, Pittsburgh, PA 15222, (412) 565-5144

 • Northeast region: Room 315, Scranton State Office Building, 100 Lackawanna Avenue, Scranton, PA 18503, (570) 963-4749

 • Southeast region: 801 Market Street, Suite 5071, Philadelphia, PA 19107, (215) 560-2242 or (215) 560-2245

 • Central region: Room 430, Willow Oak Building, P. O. Box 2675, DGS Annex Complex, Harrisburg, PA 17105, (717) 772-6507

 Contact information for the local MH/ID County Program or AE may be found at https://www.hcsis.state. pa.us/hcsis-ssd/pgm/asp/PRCNT.ASP or contact the previously referenced regional Office of Developmental Programs.

 Interested persons are invited to submit written comments regarding this notice to the Department at the Office of Developmental Programs' rate-setting mailbox at ra-ratesetting@state.pa.us, use subject header ''PN Fee Schedule,'' or Department of Public Welfare, Office of Developmental Programs, Division of Provider Assistance and Rate Setting, 4th Floor, Health and Welfare Building, Forster and Commonwealth Avenues, Harrisburg, PA 17120.

 Persons with a disability who require an auxiliary aid or service may submit comments using the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).

BEVERLY D. MACKERETH, 
Acting Secretary

Fiscal Note: 14-NOT-835. (1) General Fund;

 (7) ID—Community Waiver Program; (2) Implementing Year 2013-14 is $9,809,000; (3) 1st Succeeding Year (2014-15) through 5th Succeeding Year (2018-19) are $9,809,000; (4) 2012-13 Program—$919,885,000; 2011-12 Program—$854,863,000; 2010-11 Program—$872,376,000;

 (7) ID—Community Base Program; (2) Implementing Year 2013-14 is $91,000; (3) 1st Succeeding Year (2014-15) through 5th Succeeding Year (2018-19) are $91,000; (4) 2012-13 Program—$151,223,000; 2011-12 Program—$158,194,000; 2010-11 Program—$155,958,000;

 (8) recommends adoption. Funds have been included in the budget to cover the increase in costs for the ID—Community Waiver Program. The ID—Community Base Program is able to absorb the increased cost.

[Pa.B. Doc. No. 13-1178. Filed for public inspection June 28, 2013, 9:00 a.m.]



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