Volume 15, Issue 4 - 2014 Communication from the Policy A Information Exchange Slice of Pie A Slice of Pie is an ongoing publication keeping our readers informed about important public policy issues. It is the mission of the Policy Information Exchange to educate and inform Pennsylvanians with disabilities, their families and advocates, and the general public, regarding public policy issues and to further the exchange of policy information between the Developmental Disabilities Council and federal, state and local policy makers. The Policy Information Exchange is funded in part by the Pennsylvania Developmental Disabilities Council.

phased in as stationery, forms and other STATE NEWS materials need to be replaced, in order to reduce costs. The Department’s new web Department of Human Services address is www.dhs.state.pa.us.

On November 24, 2014 the name of the Transition Department of Public Welfare (DPW) Governor-Elect and Lieutenant changed to the Department of Human Governor-Elect Mike Stack will take office Services (DHS). The bill creating the on January 20. The Governor-Elect name change (HB 993) was signed by has announced that his Chief of Staff the Governor on September 24, 2014 and became Act 132 of 2014. Representative Tom Murt (R-Montgomery) was the bill’s In This Issue prime sponsor. It was supported by many individuals with disabilities, advocacy State News...... page 1 groups and service providers. The DHS National News...... page 5 Secretary, Beverly Mackereth, noted that the new name more accurately Resources...... page 6 reflects what the Department provides. Contact PIE...... page 7 The Department’s name change will be will be Katie McGinty, former Secretary CEO of the Allegheny Conference on of the Department of Environmental Community Development and served Protection. , former head as secretary of the Pennsylvania of the environmental lobbying group Department of Community and PennFuture, will serve as as secretary of Economic Development from 2003 to policy and planning. , former 2008. executive director of the PA Democratic • Education (co-chairs)-- Party, will be the Governor’s legislative is the superintendent of the School secretary. Obra “Obie” Kernodle IV has District of Lancaster. “Ski” Sygielski been appointed deputy chief of staff and became Harrisburg Community director of the public liaison’s office. He College’s seventh president in 2011. was Wolf’s political director and deputy • Health (co-chairs)--Dr. Rachel campaign manager. Levine is a professor of pediatrics and psychiatry at the Penn State College The Lieutenant Governor-Elect has of Medicine and vice chair for Clinical announced his intention to resign his Affairs in the Department of Pediatrics. Senate seat at some point in 2015 prior Dr. Karen Hacker is the director of the to the May primary to allow for a special Allegheny County Health Department election to coincide with the primary and a former executive director of the election. Institute for Community Health. • Housing--Tina Nixon has served as In mid-December, the Governor-Elect the chief executive officer of the YWCA announced the people responsible for of Greater Harrisburg since 2004. reviewing state agencies and working • Labor and Industry (co-chairs)- with the outgoing administration. They -Matthew Paules is the business include: manager and financial secretary of the International Brotherhood of Electrical • Aging-- currently Workers Local 229 in York. Ron Klink serves as the director of the Health served four terms in the United States Policy Institute at the University of House of Representatives representing and served as the secretary western Pennsylvania. of the Pennsylvania Department of • Human Services--Michael Rashid Health from 2008 to 2010. recently retired after serving as the • Drug and Alcohol Programs-- chief executive officer of AmeriHealth Bob Donchez is the mayor of the Caritas since 2010. City of Bethlehem and served on • Transportation (co-chairs)--Kathy Northampton County’s Drug and Dahlkemper took office as Erie Alcohol Commission. County executive on January 7, • Community and Economic 2014. Previously, Kathy served in Development (co-chairs)--Rob the U.S. House of Representatives. Wonderling is the president and CEO Eric Menzer currently serves as the of the Greater Chamber president and general manager of the of Commerce. is the York Revolution. Page 2 A Slice of Pie - Volume 15, Issue 4, 2014 Legislative Session Senate Majority Leader Jake Corman’s The State Senate and House have new chief counsel is Dave Thomas, who announced their schedules for the first six worked for several years as chief counsel months of the 2015-16 Session. January to Speaker of the House Sam Smith. 6 is swearing-in day. The actual work Drew Crompton, chief of staff for Senate begins on January 20 in both chambers. President Joe Scarnati, will now serve as Scarnati’s chief counsel, too. Diane Acri 2015 SENATE SESSION SCHEDULE will serve as deputy counsel to Corman.

January 6, 20, 21, 26, 27, 28 Healthy PA February 2, 3, 4, 23, 24, 25 Despite the election of Tom Wolf, who March 2, 3, 4 publicly opposed Governor ’s April 13, 14, 15, 20, 21, 22 Healthy PA plan, the Department of May 4, 5, 6, 11, 12, 13 Human Services (DHS) continues to June 1, 2, 3, 8, 9, 10, 15, 16, 17, 18, move forward with Healthy PA. Healthy 22, 23, 24, 25, 26, 29, 30 PA would give about 600,000 adults, mostly the working poor, access to private 2015 HOUSE SESSION SCHEDULE healthcare insurance starting January 1, 2015. On December 1, 2014, enrollment January 6. 20, 21, 26, 27, 28 began. The state has signed three year February 2, 3, 4, 9, 10, 11, 23, 24, 25 contracts with eight private insurers and March 2, 3, 4, 30, 31 invested in technical changes to computer April 1, 13, 14, 15, 20, 21, 22 systems and advertising for Healthy PA. May 4, 5, 6, 11, 12, 13 A spokesman for Governor-Elect Wolf, June 1, 2, 3, 8, 9, 10, 15, 16, 17, 18, who will be inaugurated on January 20, 22, 23, 24, 25, 26, 27, 28, 29, 30 said the incoming governor still plans on expanding Medicaid and not moving Changes in State House leadership forward with Healthy PA. bring staff changes. Todd Brysiak will serve as chief of staff to the new Majority When Healthy PA takes effect on Leader, Representative Dave Reed. January 1, 2015, people with disabilities Tony Aliano, retiring House Speaker or chronic illnesses will be placed into a Sam Smith’s chief of staff, will be Reed’s “Healthy Plus” Medicaid insurance plan. general counsel. Marcia Lampman will Others will be assigned to the “Healthy” be director of legislative affairs for Reed, benefit package with reduced benefits serving as his floor manager and handling or “Healthy PA Private Coverage Option the voting calendar. Karen Coates will (PCO).” Letters outlining these changes be Speaker-designee Turzai’s chief of to Medicaid insurance benefits were sent staff. Dave Reddecliff will be director of out in late November to current Medicaid administration for the Speaker’s office. consumers. The DHS has drafted a benefit House Appropriations Committee staff will plan comparison chart that summarizes remain. the three Healthy PA benefit packages. The chart and additional information can A Slice of Pie - Volume 15, Issue 4, 2014 Page 3 be found under the “Consumer Resources” Balancing Incentive Program section of www.healthypa.com. The Department of Human Services continues to develop the details of the Changes to the benefit plans for current work plan to carry out the goals of the adult Medicaid recipients in the existing program to expand and improve its Medicaid program will be effective Home and Community-Based Services January 1, 2015. DHS has submitted in the Office of Long Term Living and Medicaid state plan amendments to the Office of Developmental Programs federal government to approve of these waivers. The Department held meetings changes. DHS plans to implement these across the state to get information and benefit packages prior to receiving federal suggestions on improving outreach, approval. enrollment, eligibility determination and assessment for individuals and their HCBS Final Rule families looking for services and supports. The Centers for Medicare and Medicaid For more information, contact the BIP Services (CMS) Final Rule, known as Project Director, Leahann Moslak at the “Community Rule”, requires states to [email protected] . For information about review their Home and Community Based other states’ programs go to Services waivers regarding how services www.balancingincentiveprogram.org. are provided in community settings. Each state must develop Transition Plans for State Budget its waiver programs, using stakeholder At the state’s mid-year budget briefing, input, describing how it will comply. Budget Secretary Charles Zogby spoke about a $2 billion budget hole awaiting In June 2014, the Department of Human Governor-Elect Tom Wolf and the new Services (DHS) submitted a draft transition general assembly. The current year’s plan to CMS for the Aging, Attendant budget was balanced by using a number Care, and Independence Waivers. In of “one time fixes” that are no longer August 2014, CMS told DHS to submit a available. The new administration will revised Transition Plan with more detail present the proposed budget for 2015-16 on benchmarks and timeframes. DHS’s on March 3, 2015. revised transition plans are now available for public comment along with a transition ODP plan for the AIDS Waiver. Amendments The Office of Developmental Programs are proposed for these four waivers. has issued one new Bulletin in conjunction with the Department of Labor & Industry, Public comments were due to DHS by Office of Vocational Rehabilitation which Monday, December 29. To view the draft can be seen at www.dhs.state.pa.us/ transition plans and proposed waiver publications/bulletinsearch/index.htm. amendments, go to www.dhs.state.pa.us/ dhsorganization/officeoflongtermliving/ • OVR Referral Process for oltlwaiverinfo/. Employment Services (00-14-05) was issued on July 1, 2014 and was effective Page 4 A Slice of Pie - Volume 15, Issue 4, 2014 on that date. The Bulletin provides • Diagnostic and Statistical Manual of guidance on referrals to the Office of Mental Disorders, Fifth Edition (DSM Vocational Rehabilitation (OVR) for 5) (OMHSAS-14-04) was issued on individuals enrolled in the Office of September 5, 2014 and was effective Developmental Programs’ waivers for on September 19, 2014. The Bulletin Supported Employment, Prevocational provides information regarding Services, and Transitional Work Services. changes associated with the DSM 5 released in May 2013. Residential Services Rates On October 28, 2014 the Department of Public Welfare (now Department of Human Services) signed a Settlement NATIONAL Agreement to amend the payment rates for providers of residential services for individuals with intellectual disabilities. NEWS The Agreement was based on the ABLE Act recommendations of a stakeholder group The Achieving a Better Life Experience convened by the Department. In addition (ABLE) Act had very strong bipartisan to rate adjustments, the Agreement calls support with 85% of Congress signed for the stakeholder process to continue on as co-sponsors. It sets up a way for in order to address additional changes people with disabilities and their families to needed to the Chapter 51 Regulations have tax-exempt savings up to $100,000 enacted through Act 22 in 2012. For more for future expenses such as education, information, contact the ODP Deputy housing, and transportation without losing Secretary’s office at 717.787.3700. eligibility for Social Security, Medicaid, and other services. It is modeled on the current OMHSAS 529 plans for college savings. It would be The Office of Mental Health and Substance limited to people who got their disability Abuse Programs has issued two new before age 26. It passed the House 404 Bulletins which can be seen at www.dhs. to 17and the Senate 76 to 16. President state.pa.us/publications/bulletinsearch/ Obama signed it into law on December index.htm 19, 2014 . Pennsylvania’s Senator Casey

was a bill sponsor. Details about the bill • Affordable Care Act Re-enrollment are at www.casey.senate.gov/newsroom/ Guidance for Behavioral Health releases/caseys-able-act-becomes-law- Providers (OMHSAS-14-03) was with-president-obamas-signature. issued on August 1, 2014 and was effective on March 25, 2011. The UN Treaty Bulletin provides additional guidance The 113th Congress has not considered to OMHSAS’ enrolled providers the United Nations Convention on the regarding re-enrollment (revalidation) Rights of Persons with Disabilities requirements for continued participation (CRPD) since a Senate vote in December in the Medicaid program. A Slice of Pie - Volume 15, Issue 4, 2014 Page 5 2012 fell five votes shy of passage. The MA Managed Care CRPD is an international treaty that was In December, the U.S. Office of Inspector inspired by U.S. leadership and modeled General released a report, on the Americans with Disabilities Act, “Access To Care: Provider Availability recognizing the rights of people with In Medicaid Managed Care.” The study disabilities. On September 17, 2014, found major access problems. “51 percent Senator Tom Harkin (D-) pushed for a of providers were either not participating floor vote to ratify the measure. The effort in the plan at the location listed or not was derailed, dashing hope for a vote accepting new patients enrolled in the before Congress adjourns in December. plan… Among the providers who offered To date, 150 other countries have ratified appointments, the median wait time was the treaty. For more information, go to 2 weeks. However, over a quarter had www.disabilitytreaty.org wait times of more than 1 month, and 10 percent had wait times longer than 2 months.” Recommendations are offered. The report is available at https://oig.hhs. RESOURCES gov/oei/reports/oei-02-13-00670.pdf.

Labor Home Care Rule Elder Task Force The Department of Labor’s new home The Pennsylvania Supreme Court’s care rule will apply overtime and minimum Elder Law Task Force convened in wage coverage to home care workers. February 2013 to address concerns about Several national disability advocacy guardianship, elder abuse and neglect organizations have put together an and access to justice. The task force article, “Action Steps for Consumers and report includes recommendations on Advocates Regarding the New Home Care how to assure that older Pennsylvanians’ Rule: How to Prevent Service Cuts and rights and needs are recognized under Protect Consumer-Directed Programs.” the law. For more information or to read It’s intended to help consumers and the report, go to www.pacourts.us/courts/ advocates understand the new rule and supreme-court/committees/supreme- ensure that their state implements it in court-boards/elder-law-task-force. a way that helps consumers and the workers who provide services to them Federal Budget 2015 and does not cause unintended harms, In the absence of a budget for the federal such as cuts to services, dismantling of fiscal year October 1, 2014 to September programs that allow consumers to control 30, 2015, Congress had passed a their own care or further limiting the continuing resolution (CR) to keep the workforce. It’s available at www.bazelon. government operating through December org/LinkClick.aspx?fileticket=yU9Q2aI_ 11, 2014. On the night of December 11, Dvw%3D&tabid=40. the Republican controlled House passed a budget package by a 219-206 vote, with support from 57 Democrats. Liberal Democrats objected to the roll-back of Page 6 A Slice of Pie - Volume 15, Issue 4, 2014 financial reforms, while conservatives objected to the bill because they said it doesn’t do enough to curb the president’s executive action on immigration. The The PIE Team budget package includes 11 of the 12 THE ARC OF PENNSYLVANIA appropriations bills for full year funding. PIE STAFF: (The twelfth bill, for the Department of Maureen Cronin Homeland Security, only provides funding until early next year.) As we go to press, Ashlinn Masland-Sarani the bill has passed the Senate and is Chris Dimov expected to be signed by President Gwen Adams Obama. The new Congress begins on January 3, 2015, with the major change CONSULTANTS: being that the Senate, like the House, will Terry Roth be a Republican majority. Before summer 2015, Congress must also address the Vini Portzline need to raise the debt ceiling. Joan W. Martin Theotis Braddy

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