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PA Bulletin, Doc. No. 19-867



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

[49 Pa.B. 3020]
[Saturday, June 8, 2019]

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


 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, Community Living and P/FDS waivers effective October 1, 2019, as follows:

 • Increase the number of individuals served in the Consolidated and Community Living waivers as provided for in the Governor's proposed budget to support more people in the community.

 • Adds planning requirements for Administrative Entities to address access to needed waiver services upon graduation to individuals who will graduate from special education and who are not eligible to continue their education through the next year.

 • Provide for support of children with medical needs who transition from a facility that does not meet waiver home and community-based settings requirements to live with their families or, if living with their family is not possible, in the home of another nurturing caregiver.

 • Increase community participation of waiver participants through changes in service definitions, such as the addition of an on-call and remote support component to the Community Participation Support service and clarification as to where newly enrolled licensed facilities can be located.

 • Increase competitive integrated employment of waiver participants by allowing Supported Employment services to be provided when a waiver participant has received an offer of competitive integrated employment and the Office of Vocational Rehabilitation has not made an eligibility determination at that time and by clarifying where Advanced Supported Employment services can be provided.

 • Develop and support qualified staff by extending the timeframe by which requirements for employment credentials or certificates must be obtained to July 1, 2019, for Supported Employment, Small Group Employment and the prevocational component of the Community Participation Support service.

 • Promote health, wellness and safety by clarifying that Supports Coordinators should review information in health risk screening tools when applicable and determine whether there have been any changes in orders, plans or medical interventions prescribed or recommended by medical or behavioral professionals when Supports Coordinators monitor a waiver participant's health and safety and develop Individual Support Plans.

 • Clarify the role direct service professionals perform through Communication Specialist services.

 The proposed amendments to the Consolidated, P/FDS and Community Living waivers effective October 1, 2019, are available at developmentalprograms/waiveramendment/.

Fiscal Impact

 It is anticipated that there will be an additional cost of $30.412 million ($15.003 million in State Funds) to the Commonwealth in Fiscal Year (FY) 2019-2020 and an annualized cost of $60.823 million ($29.429 million in State Funds) in FY 2020-2021 and subsequent years to serve additional participants in the waivers. 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 is estimated.

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 510, 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 webinars to receive comments on the proposed waiver amendments. Dates, times and links for registration to attend these webinars are as follows:

June 20, 2019
1 p.m. to 3 p.m.

June 24, 2019
10 a.m. to 12 p.m.

 The following link must be used to register for either of the webinars: Participants are able to participate in the webinar by phone, but will need a computer to provide comments during the webinar. To assist the Department in accurately capturing comments provided during the webinars, individuals are asked to submit a written copy of their comments by e-mail or mail to the previously listed address.

 Persons with a disability who require an auxiliary aid or service may submit comments using the Pennsylvania AT&T 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).

 Copies of this notice and 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: P.O. Box 2675, DGS Annex Complex, Harrisburg, PA 17105, (717) 772-6507


Fiscal Note: 14-NOT-1336. (1) General Fund; (2) Implementing Year 2019-20 is $15,003,000; (3) 1st Succeeding Year 2020-21 through 5th Succeeding Year 2024-25 are $29,429,000; (4) 2018-19 Program—$1,644,000,000; 2017-18 Program—$1,528,000,000; 2016-17 Program—$1,349,000,000; (7) Intellectual Disabilities—Community Waiver Program; (8) recommends adoption. Funds have been included in the Governor's proposed budget to cover the 2019-2020 increase. The enacted budget is pending.

[Pa.B. Doc. No. 19-867. Filed for public inspection June 7, 2019, 9:00 a.m.]

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