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PA Bulletin, Doc. No. 19-1244



Renewal of the Office of Long-Term Living's Home and Community-Based Community HealthChoices Waiver

[49 Pa.B. 4611]
[Saturday, August 17, 2019]

 The Department of Human Services (Department) is making available for public review and comment the Office of Long-Term Living's (OLTL) proposed Community HealthChoices (CHC) waiver renewal. The Department proposes to renew the CHC waiver with an effective date of January 1, 2020, to align the waiver with the calendar year. In addition, the Department proposes the following substantive and technical changes to the CHC waiver:

 • Revise the Residential Habilitation service definition by modifying the number of hours that are defined as a day unit from a minimum of 12 hours to a minimum of 8 hours.

 • To the service definitions of Job Finding, Job Coaching, Employment Skills Development, Career Assessment and Benefits Counseling, add language that Office of Vocational Rehabilitation (OVR) services are considered to not be available if OVR has not made an eligibility determination within 120 days; and add language to address when employment services through the CHC waiver can be provided should OVR close the order of selection, thereby creating a waiting list for OVR services.

 • Modify the qualifications for Service Coordinators and Service Coordinator supervisors.

 • Clarify that, if a CHC Managed Care Organization (MCO) identifies that a participant has not been receiving services for 5 or more days, and if the suspension of services was not pre-planned, then the CHC-MCO must communicate with the participant to determine the reason for the service suspension within 24 hours. If the participant's health status or needs have changed, then the CHC-MCO must conduct a comprehensive needs reassessment of the participant's needs within 14 days of identifying the issue.

 • Add that an emergency back-up plan must be included in the Person-Centered Service Plan.

 • Remove and modify language to reflect that the CHC waiver will be fully operational Statewide as of January 1, 2020.

 • Update language to reflect that the Department utilizes IDEMIA as the data system to process fingerprint-based Federal Bureau of Investigation criminal record checks.

 • Update the OLTL bureau names and responsibilities.

 • Other minor editorial language changes.


 To continue receiving Federal matching funds for Home and Community-Based Services (HCBS) waiver services, the Centers for Medicare & Medicaid Services (CMS) requires that existing HCBS waivers be renewed every 5 years. See 42 CFR 430.25(h)(2)(i) (relating to waivers of State plan requirements). The proposed CHC waiver renewal is to be submitted to CMS by no later than October 2, 2019.

 The proposed CHC waiver renewal and a summary of all revisions are available for review at or by contacting the Department'sOffice of Long-Term Living at (717) 857-3280.

Fiscal Impact

 There is no direct fiscal impact associated with this notice.

Public Comment

 Interested persons are invited to submit written comments regarding the proposed waiver renewal to the Department of Human Services, Office of Long-Term Living, Bureau of Policy Development and Communications Management, Attention: Marilyn Yocum—CHC Waiver Renewal, P.O. Box 8025, Harrisburg, PA 17105-8025. Comments may also be submitted to the Department at Use ''CHC Waiver Renewal'' in the subject line. Comments received within 30 days will be reviewed and considered for revisions to the proposed waiver renewal.

 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).


Fiscal Note: 14-NOT-1351. No fiscal impact; (8) recommends adoption.

[Pa.B. Doc. No. 19-1244. Filed for public inspection August 16, 2019, 9:00 a.m.]

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