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PA Bulletin, Doc. No. 16-22



Availability of Amendments to the Office of Developmental Programs' Consolidated and Person/Family Directed Support Waivers

[46 Pa.B. 105]
[Saturday, January 2, 2016]

 The Department of Human Services (Department) is making available for public review and comment the Office of Developmental Programs' proposed Consolidated and Person/Family Directed Support (P/FDS) waiver amendments.


 Whenever changes are intended to be made to an approved waiver, the Department must submit an amendment to the Centers for Medicare and Medicaid Services for approval. The Department proposes the following substantive amendments to the Consolidated and P/FDS waivers effective May 1, 2016:

 • Increasing the unduplicated number of participants served in the P/FDS waiver to reflect the Fiscal Year (FY) 2015-2016 waiting list initiative. This proposed change is contingent on the final budget enacted by the General Assembly.

 • Increasing reserved capacity for unanticipated emergencies in waiver year 5 (FY 2016-2017) for the Consolidated waiver only.

 • Decreasing reserved capacity for hospital and rehabilitation care in the Consolidated waiver to more accurately reflect utilization.

 • Moving the requirement for new providers to complete a self-assessment from a provider monitoring requirement to a provider qualification requirement.

 • Allowing relatives/legal guardians of waiver participants to provide companion and nursing services when they meet the qualification criteria to provide the services.

 • Implementing a limit on the number of hours of companion and home and community habilitation services that may be provided by relatives or legal guardians.

 • Increasing the number of 15-minute respite units available in the P/FDS waiver.

 • Aligning the supported employment service definition with section 1915(c)(5)(C) of the Social Security Act (42 U.S.C.A. § 1396n(c)(5)(C)).

 • Updating the name and qualification criteria for visual/mobility therapy to reflect current terminology and standards.

 • Allowing supports broker services to be provided for individuals currently residing in a waiver residential habilitation setting that have a plan to transition to a private residence and self-direct their services in the Consolidated waiver only.

 • Adding that supports broker services are exempt from the $30,000 per person per fiscal year total limit established for P/FDS waiver services. The only other service currently exempt from this limit is supports coordination.

 • Aligning the assistive technology and home accessibility adaptation service definitions with current guidance and processes.

 • Adding a requirement that transitional work services may only be authorized as a new service for individuals under 24 years of age when documentation has been obtained that the Office of Vocational Rehabilitation (OVR) has closed the participant's case or that the participant has been determined ineligible for OVR services.

 • Aligning the requirements for background clearances under the act of July 1, 2015 (P. L. 94, No. 15).

 • Updating the factors related to estimated annual average per capita Medicaid costs to reflect the most recent data available. These factors are Factor D' Derivation, Factor G Derivation and Factor G' Derivation.

 The proposed Consolidated and P/FDS waiver amendment documents, effective May 1, 2016, are available at

Fiscal Impact

 It is anticipated there will be an increase in total costs of $10.350 million ($4.967 million State funds) in FY 2015-2016 and an increase in total costs of $11.051 million ($5.323 million State funds) in FY 2016-2017 and subsequent years.

Public Comment

 Interested persons are invited to submit written comments regarding the proposed waiver amendments. Comments should be addressed to Julie Mochon, Department of Human Services, Office of Developmental Programs, 625 Forster Street, Room 501, Harrisburg, PA 17120. Comments may also be submitted to the Department at Comments received within 30 days of publication of this notice will be reviewed and considered for revisions to the proposed waiver amendments.

 The Department will also hold two teleconferences to receive comments on the proposed Consolidated and P/FDS waiver amendments. The dates, times and links for registration to attend these teleconferences are as follows:

 January 21, 2016, 1 p.m. to 3 p.m. Register at

 January 27, 2016, 10 a.m. to 12 p.m. Register at

 To assist the Department in accurately capturing verbal comments, individuals are asked to submit a written copy of their comments by e-mailing them or mailing them to the addresses previously provided.

 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).

 Copies of this notice and the proposed waiver amendments may be obtained at the 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


Fiscal Note: 14-NOT-985. (1) General Fund; (2) Implementing Year 2015-16 is $4,967,000; (3) 1st Succeed- ing Year 2016-17 is $5,323,000; 2nd Succeeding Year 2017-18 through 5th Succeeding Year 2020-21 are $0; (4) 2014-15 Program—$1,066,000,000; 2013-14 Program—$1,026,000,000; 2012-13 Program—$931,885,000; (7) Intellectual Disabilities—Community Waiver Program; (8) recommends adoption. Funds have been included in the budget to cover this increase.

[Pa.B. Doc. No. 16-22. Filed for public inspection December 31, 2015, 9:00 a.m.]

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