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Department of Public Welfare consolidates serveral departments!

 

DEPARTMENT OF PUBLIC WELFARE

May 10, 2012

Dear Stakeholder:

I am pleased to announce the consolidation of several Department of Public
Welfare (DPW) licensing and inspection functions into a single Bureau of Human
Services Licensing (BHSL).

This initiative will involve the consolidation of licensing functions currently
administered in several DPW program offices into a single administrative bureau within
the department’s Office of Administration. By consolidating licensing functions, the
department seeks to increase efficiency by eliminating duplicative administrative
structures, and to improve its regulatory protection of vulnerable populations.

We take this step in recognition that human service licensing is a professional
discipline, and that a single, consolidated licensing bureau can provide the highest level
of professional development and support for inspectors, and thereby, provide better
health, safety and rights protections for people served in licensed settings. In addition,
the consolidation will provide better, more consistent across-the-board decision-making
for regulatory application, interpretation and enforcement, particularly for those human
services providers who serve multiple populations.

The initial phase of the initiative, scheduled for July 1, 2012, will involve
Licensing Management and Research (licensing databases and managerial support),
and Adult Residential Licensing (personal care homes) from the Office of
Administration; Community Home, Family Living Home, Adult Training Facility, and
Vocational Facility licensing from the Office of Developmental Programs; and Child
Residential Licensing from the Office of Children, Youth and Families. Other
department licensing functions will be included at later dates.

I hope you share our optimism for the success of this initiative. Please feel free
to contact Mr. Ron Melusky, Director of Human Services Licensing, at 717-783-3670.

Sincerely,

Gary D. Alexander
Secretary

c: OA, ODP, OCYF Stakeholders

OFFICE OF THE SECRETARY

Home and Community Based Services for People with Disabilities

Centers for Medicare & Medicaid Services (CMS) Releases Two New Rules
On April 26, CMS released two rules that support state efforts to expand access to home and community based services for people with disabilities.

CMCS Informational Bulletin

 

DATE: April 26, 2012

 

FROM: Cindy Mann, Director

 

Center for Medicaid and CHIP Services (CMCS)

 

SUBJECT: Release of Home and Community-Based Services Rules

 

Today, the Centers for Medicare & Medicaid Services (CMS) is releasing two rules that support State efforts to expand access to home and community based services (HCBS) for people with disabilities:

 

• Final Rule: Community First Choice (CMS-2337-F)

 

• Notice of Proposed Rulemaking: Home and Community-Based State Plan Benefit (CMS-2249-P2), otherwise known as the "1915(i)" notice of proposed rulemaking.

 

Community First Choice (CMS-2337-F)

 

This final rule implements the Community First Choice State plan option, which was authorized by the Affordable Care Act and provides an incentive for States to expand Medicaid coverage for person-centered home and community-based attendant services and supports. States that elect the Community First Choice option are eligible for a 6 percentage point increase in their federal medical assistance percentage. Individuals who require an institutional level of care are eligible for the services, which will be offered in community-based settings.

 

The Affordable Care Act directs that the Community First Choice benefit may only be available in a "home or community" setting, and this rule does not finalize language regarding the definition for such settings. CMS articulated standards for settings in Community First Choice’s proposed rule, but based on the comments the agency received, CMS decided to revise the standard and seek public comment again. The revised standard is in the 1915(i) proposed regulation that CMS released today (discussed below.)

 

While the settings requirements are proposed, the Community First Choice option is in full effect, and CMS will rely upon these proposed provisions as we review new State plan amendments to implement the Community First Choice option. To the extent that there are changes when the settings standard is finalized, we are committed to offering States a reasonable transition period (of not less than one year) to make any needed changes to come into compliance with the final rule so as to minimize any disruption to State systems that were established in compliance with the proposed regulations.

 

CMCS Informational Bulletin, Page 2

 

 

1915(i) Notice of Proposed Rulemaking (CMS-2249-P2)

 

This notice of proposed rulemaking defines and describes the option available to States under section 1915(i) of the Social Security Act, first authorized in 2005 and enhanced by the Affordable Care Act. This option permits States to offer home and community-based services under the Medicaid State plan without the use of a waiver. As a result, States will have the ability to provide a full array of home and community-based services to individuals who do not qualify for an institutional level of care but have significant services needs, which can include individuals with mental health conditions, Autism Spectrum Disorder, acquired immune deficiency syndrome, or Alzheimer’s disease.

 

The rule also contains other provisions related to home and community based services, including:

 

• A proposed definition of home and community based settings that will serve as a common definition for services offered through the Community First Choice option and the 1915(i) State plan option.

 

• A five-year approval or renewal period for demonstration and waivers programs through which a State serves individuals who are dually eligible for Medicare and Medicaid benefits.

 

This notice of proposed rulemaking is open for public comment for 30 days after publication in the Federal Register. Please refer to the Federal Register for specific instructions about submitting comments.

 

The rule is displayed at: https://www.federalregister.gov/articles/2012/05/03/2012-10385/state-plan-home-and-community-based-services-5-year-period-for-waivers-etc-medicaid-program

 

Additional information is available at: http://www.cms.gov/apps/media/fact_sheets.asp

The rule is displayed at: https://www.federalregister.gov/articles/2012/05/07/2012-10294/medicaid-program-community-first-choice-option

 

Additional information is available at: http://www.cms.gov/apps/media/fact_sheets.asp

 

New Child Abuse Clearance form for employment to work with Special Needs Individuals

New Child Abuse History Clearance Form and Web Site

DPW has revised the Pennsylvania Child Abuse History Clearance form (CY113). It is
available at
http://www.dpw.state.pa.us/findaform/childabusehistoryclearanceforms/index.htm

The revised form has a new number, CY113 (UF) 6/11, located in the bottom right
hand corner of the form. Information can be typed directly into the form. Users must
have a licensed version of Adobe Acrobat Reader to enter data, but will not be able to
save the form with information entered. Instead, the person completing the form must
print the form immediately after entering in order to maintain and submit the
information. A blank copy of the form can be saved on a user's computer for future
use.

The form is now available in English and Spanish.
The clearance section includes more options from which to choose such as:
o Child care services employee
o Foster care

Adoption

o

School Employee

o

Employment with a significant likelihood of regular contact with children

o

Volunteers

o

DPW Employment & Training Program participants

o

Instructions for completing the form are attached to the form; instructions will print
with the completed document. DPW will continue to accept the old form until
April 1, 2013.

Child abuse clearances must continue to be mailed via the US Postal service. DPW
is encouraging agencies, businesses, and organizations to use the electronic form to
produce their own copies. The ChildLine Verification Unit will accept copies of the form
as long as the applicant's signature appears. Questions may be directed to Terry Clark
(teclark@pa.gov or 717-214-9545).

If the Supreme Court Overturns the Individual Mandate

A Health Care Reform Blog––Bob Laszewski's review of the latest developments in federal health policy, health care reform, and marketplace activities in the health care financing business.

Wednesday, March 28, 2012

If the Supreme Court Overturns the Individual Mandate

First, trying to predict how the Court will rule is at best just speculation. I know what Justice Kennedy said both today and yesterday and it certainly doesn’t look good for the Obama administration and upholding at least the mandate.

But I will remind everyone, based upon oral arguments, most Court watchers expected a ruling in favor of the biotech industry on a recent case involving health care patents. “Surprisingly,” the Court ruled against the industry.

Whatever the justices are now thinking, there isn’t a lot anyone could do differently until we actually get a ruling and know exactly what gets thrown out, if anything, in the 2,800-page law.

But if the mandate is overthrown, then what?

First, exactly how the Court rules on severability will be critical. What could go out with the mandate?

The Obama administration has smartly tried to build a firewall around the rest of the Affordable Care Act (ACA) by arguing before the Court that only the insurance reform elements of the bill should fall if the mandate goes down—that the mandate is the only quid pro quo for the insurance industry in exchange for taking all comers. That looks to me like the most logical outcome for overturning the mandate—but my perspective is one of an insurance veteran not a Court expert.

The Obama firewall strategy is a smart strategy for two reasons. First, it leaves the rest of the health law standing. Second, losing the most popular part of the new law, the insurance reforms, leaves the administration with lots of political leverage later on to fix the bill. Ironically, the Court, in accepting the Obama arguments, would be overturning both the most unpopular element of the law as well as the most popular.

From a policy perspective, I would see fixing the law in the wake of losing just the the mandate an easy thing to do. In place of the individual mandate, I would suggest a provision that:

• Has no mandate for any individual to buy insurance.
• Allow individuals and families to be able to buy insurance at any time.
• Upon purchase, everyone in the family would be covered under any of the plans available.
• But, if the insurance were not purchased at any time the individual was newly eligible, any preexisting condition would not be covered for two years.

Such a solution would provide guaranteed insurability if the insurance was purchased when first offered, no mandate to buy, people could purchase at any time and be covered, other family members would not be penalized, and the insurance pool would be protected.

The policy fix is easy.

But politically, in the current hyperpartisan environment, the Republicans have no interest in helping the administration fix the Affordable Care Act. Until both sides are willing to work together on a comprehensive compromise on health reform, there will be no fixes.

What happens if the mandate falls, the Court leaves the insurance reforms in place, and the political paralysis continues?

New Jersey. That state has had insurance reform and no mandate for a number of years and it’s a mess—even more unaffordable rates and enormous anti-selection in the insurance market.

The lack of a mandate won’t hurt the larger already efficient employer market and it won’t help the already problematic small group market. The employer mandate for those with more than 50 employees would continue.

In the exchanges, where the ACA would provide good subsidies for the poor and near poor, there would likely be adequate spread of risk among these lower income groups in a completely voluntary market because the insurance is affordable. But higher insurance rates will mean the CBO’s estimates for the cost of the subsidies will be way off. Remember, the ACA’s subsidy system caps the cost for health insurance based upon income—higher insurance premiums mean higher federal costs.

Without a mandate and with the insurance reforms still in effect, the anti-selection would be most pronounced in the middleclass where the subsidies were always insufficient anyway.

What happens if the Court throws out the mandate as well as the insurance reforms? The insurance industry would get the benefit of many more customers because the subsidies would still be in place. But they would be healthy because the insurance underwriting and pre-existing condition provisions would remain. While the insurance industry would do well, the providers would still suffer the ACA's payment cuts and not have as many patients coming in with insurance cards as they expected—particularly the most sick and costly for them.

If the Court throws out the individual mandate, as well as perhaps the insurance reforms, the law would have to be fixed.

But the political environment would have to change markedly before Republicans and Democrats could come together on a comprehensive fix to the new law.

Community Integration service definition proposed by Judge

On December 1, 2011, the Disability Rights Network (DRN) Íiled a lawsuit in federal court on behalf of individuals who have disabilities and who receive services including Community Integration (CI). DRN claims that the changes in the service definition of CI will cause individuals to lose services and to be institutionalized. The presiding Judge has placed the matter in “civil suspense” for six months commencing on April l, 2012. This means that no action will be taken in the matter during that period. The purpose of this amendment is to revise the “Community Integration” service defìnition to reflect the proposed settlement with the Judge.

 

Service Title: | Community Integration effective 04/0_1/2012

Complete this part for a renewal application or a new waiver that replaces an existing waiver. Select one.'

Service is included in approved Waiver. There is no change in service specifications.

Service is included in approved Waiver. The service specifications have been modified.

Service is not included inthe approved Waiver.

Service Definition (Scope):
Integration is a _short-term, goal*-_based support service designed to assist participants in acquiring, retaining, and improving self-help, communication, and ,adaptive skills necessary to reside in the community. integration can inc1ude'cuein'g and modeling of behavior to assist the participant in developing or maintaining maximum independent functioning in-community living activities including domestic and leisure activities. Community Integration is goal­based and situational to assist individuals in achieving maximum functionduring events such as a transition from a nursing facility; moving to a new community or from a parent's' or a change incondition that requires new skill sets, Services must focus on specific skills and be related to the expected outcomes outlined in the partieipant’s service plan. ;Community Integration goals must be reviewed and/or updated at least quarterly by the Service Coordinator in conjunction with the participant to assure that expected outcomes are met andthe service 'plan is modified laccordingly. Specify applicable (if any) limits on the amount, frequency, or duration of this service:
iCommunity Integration cannot be bi11ed`simtaneously with Residential Habilitation Personal asistance Services» commurńty Integration is reviewed quarterly to determine" the progress of how the strategies utilized are affecting the participar1t’s ability to independently complete tasks identified in the ISP. If the individual can complete the task independently, then the goa land _CI service should be removed from
the-ISP. The length of service should not exceed thirteen .(13)Weeks on new plans. lf the participant has not reached the goal at the end of 13 Weeks, then documentation of the instrucation for continued training on the desired outcome must be incoorporated into the lSP at the review. participant has not reached his/her CI goals by the end of twenty¿siX,(26) Weeks','the goals need to change or it is concluded that the individual will not independently complete the goal andthe SC must assess for a more appropriate service to meet the individua1’s need. distinct goal may' nót remain on the ISP for longer than twenty-six (26) Weeks.retains the discretion to 1) aúthorize CI. for individuals who have not experienced a “1ife-
event; 2) authorize more than 48 units (12 hours) ofCI in one week for up to 21 hours per goals

 

ODP Consolidated and Person/Family Waiver Renewal Application

Pennsylvania Department of Public Welfare
Office of Developmental Programs

Announcement

Availability of ODP Consolidated and Person/Family
Directed Support Waiver Renewal Applications
Submitted to CMS

AUDIENCE:

PURPOSE:

ODP Communication Number: Announcement 022-12

Individuals and Families, Administrative Entities (AEs), Supports Coordinators (SCs), SC
Supervisors, Supports Coordination Organizations (SCOs), Providers, and other
interested parties.

The purpose of this announcement is to inform all interested parties that the
Consolidated and Person/Family Directed Support (P/FDS) Waiver renewal applications
are available on the Department of Public Welfare (DPW) website. These Waivers were
submitted to the Centers for Medicare and Medicaid Services (CMS) on March 1, 2012.

DISCUSSION

Home and Community-Based Waivers permitted under Section 1915(c) of the Social Security Act are
approved by CMS for five-year renewal periods, with the exception of new Waivers. The current
Consolidated and P/FDS Waivers expire on June 30, 2012. ODP submitted renewal applications for the
Consolidated and P/FDS Waivers to CMS on March 1, 2012. Please note that the dates documented at
the bottom of each page in the Waiver renewal applications differ from the date that the applications
were submitted to CMS. The date listed in the Waiver renewal applications merely reflects the date that
ODP was able to download the complete Waiver renewal application from the CMS web-based
application system. ODP is pleased to announce that copies of the submitted Waiver renewal
applications are being made publicly available on the DPW website for the first time prior to CMS
approval.

It is also important to note because these Waivers have not been approved by CMS changes may be
made to the content based upon discussions with CMS during the approval process. ODP will inform all
stakeholders when CMS has officially approved the Consolidated and P/FDS Waivers and will make the
approved Waivers available at that time.

3/21/2012

ODP Communication Number: Announcement 022-12

page 1 of 2

Information on the Consolidated and P/FDS Waiver Renewal Applications can be found on the DPW
Website (www.dpw.state.pa.us); Learn about DPW > Waiver Information > Consolidated Waiver for
Individuals with Intellectual Disabilities or Person/Family Directed Support Waiver. Direct links to the
Consolidated and P/FDS Waiver renewal applications are provided below:
Consolidated Waiver Renewal Application:
http://www.dpw.state.pa.us/ucmprd/groups/webcontent/documents/document/p_012150.pdf

Person Family Directed Support (P/FDS) Waiver Renewal Application:
http://www.dpw.state.pa.us/ucmprd/groups/webcontent/documents/document/p_012151.pdf

How would you improve Pennsylvan​ia government​?

Team PA Foundation and the Governor’s Advisory Council on Privatization and Innovation seek your ideas on opportunities for improving how Pennsylvania’s government provides services while reducing the burden on taxpayers.

Please use the following link http://teampa.com/rethinkpa/ to send your ideas.

Community Integration Service Definition in the Commcare, Independence and OBRA Waivers

 

Home and Community-Based Service Coordination Providers

OLTL changes to Community Integration

March 6, 2012

The purpose of this notice is to identify some modifications to the Community

Integration service definition in the COMMCARE, Independence and OBRA Waivers.

Currently, to qualify for Community Integration, an individual is required to have

experienced a “life-changing event,” a change in condition that requires a new skill set, or

a move to a new community or from a parent’s home (“precursor events”). Additionally,

if the individual qualified, Community Integration services were limited to 8 hours per

week for one learning goal or to 12 hours per week for two learning goals, for no longer

than a total of 26 weeks.

Beginning April 1, 2012 and until September 30, 2012, OLTL will consider requests for

Community Integration services beyond the limitations in the definition outlined above.

Specifically, OLTL will retain discretion to authorize Community Integration for

individuals who may have not experienced the precursor events, if OLTL determines that,

despite the absence of those precursor events, a learning goal is absolutely necessary for

the individual to live safely in the home or community-based setting. OLTL also will

retain discretion to authorize up to 21 hours per week of Community Integration and for

periods longer than 26 weeks, if OLTL determines that circumstances are such that a

limited extension of the hourly/weekly limits will allow the individual to achieve the

previously-established learning goals.

OLTL is prepared to assist service coordinators as they work with waiver participants to

consider their need for Community Integration services. Please contact OLTL, Bureau of

Individual Support at 717-787-8091 or the regional supervisor for your region if you have

specific questions regarding this notice. Thank you.

Department of Public Welfare OLTL using Act 22

 

As you may be aware, on February 18, 2012, the Department of Public Welfare posted public notices in the Pa. Bulletin of its intention to use Act 22 expedited rule making authority. The Office of Long-Term Living’snotice of expedited rule making can be found at: (http://www.pabulletin.com/secure/data/vol42/42-7/302.html)

 

 

To follow-up on this formal notification, the Department will provide additional transparency in this process. In addition to the public comment process on the public notices of intent, the department has publisheda DRAFT of each of the Act 22 expedited rules, including OLTL’s expedited rules, on the DPW website at the following address:

 

http://www.dpw.state.pa.us/publications/budgetinformation/act22-expeditedregulatorychangestothedpw/index.htm

 

The regulations can also be found by visiting DPW’s homepage and clicking on the “DPW Initiatives” tab at the bottom of the page.

 

The regulations will be open for a two week comment period ending March 9, 2012. Instructions on how to submit comments may be found on the website and interested parties are encouraged to submit comments electronically.

Pennsylvania Department of Public Welfare News from Dept. of Aging and Office of Long term Living

 

September 30, 2011
 
 
Greetings from the Secretary

 
Greetings Everyone,

This week I had an opportunity to visit with the Berks County Office of Aging. The day began
with an opportunity to address the Community Partnership. Members of the Berks County Office
of Aging team and representatives of community organizations form the private and public sectors
attended. The presentation and discussion which followed focused on the role of Area Agencies on
Aging and the potential of community collaboration.

Following the Community Partnership meeting the Berks County (ADRC Aging and Disabilities
Resource Center) Link was launched. The ADRC are practical demonstrations of community
collaboration which results in a ‘no wrong door’ access to information and assistance. Berks Link
will partner with community providers and businesses to assist individuals over 60 or anyone with
a disability in obtaining needed services. It is predicted in the future the common ground and
strengths found in these collaborations will become a resource to enable the design and delivery of
care systems in our communities.

Here at the Pennsylvania Department of Aging and the Department of Public Welfare’s Office of
Long Term Living, Joyce O’Brien, Director of the Bureau of Community Development
(joyobrien@pa.gov , 717-772-0205) and Marybeth Famulare (c-mfamular@pa.gov, 717-783-4502),
Project Manager ADRCs are available to answer any questions and serve as a resource.

The visit also included lunch with the citizens of Reading who attend the Family First Resource
Center. Here, dedicated staff, volunteers and attendees gather for activity and nutrition. The
Center serves participants from the African American community and is open to all. It extends its
mission through a monthly food pantry and home cooked meals. I also visited La Casa de la
Amistad Hispanic Senior Center which serves a vibrant active gathering place for citizens of
Reading from the Hispanic and Latino communities. Volunteers were honored for their service,
some for longer than 20 years.

I am sure the day could be replicated in communities across the Commonwealth. The Area
Agencies on Aging, providers and others come together in our communities to provide information,
reduce isolation, provide nutrition, and enliven communities inclusive of diversity. If you would
like to share something that is working in your community, you are welcome to contact me at
bduke@pa.gov.

A thank you is extended to all with the Berks County Office of Aging, Commissioners of Berks
County and the representatives of the community organizations of Berks for a great day and more
importantly for the collaboration which meets the needs of the citizens of Berks County.

 

As a member of the Governor’s Recovery Task Force, I am continuing to participate in a daily
conference call with Lt. Governor Cawley, representatives from PEMA, FEMA and other state
agencies to still respond to those in need of disaster recovery relief. At this time, the disaster
recovery centers (DRC) have been set up in counties most hard hit by flooding and staffing is being
provided to address needs. The Department is continuing to partner with the AAAs, our
Ombudsman and APPRISE volunteers and annuitants to provide staffing coverage for the centers,
which are open seven days a week between 10:00 AM and 7:00 PM. Volunteers are welcome to
help staff the DRCs throughout the state. If you wish to volunteer ore are award of volunteers,
please call 717-783-6873.

For those of you who are not in affected areas, please consider reaching out to neighboring areas
which may have been impacted and offer your assistance.

Thank you to those who have worked and are working at the DRCs to provide support and
information to our fellow citizens. Jack Vogelsong is leading the disaster recovery efforts here at
the PDA/OLTL. He can be reached by calling 717-772-0371 or email at jvogelsong@pa.gov.

Additionally, if you are experiencing an issue that is related to disaster recovery, please call me.
My cell phone number is 717-307-0619.

Have a good weekend.

Brian Duke
Secretary

Disaster Recovery Resources

Please note there are many resources available to those who need assistance during this time of
recovery from flooding. Resources available:

Federal Emergency Management Agency (FEMA) www.fema.gov 1-800- 621-FEMA
Pennsylvania Emergency Management Agency (PEMA) www.pema.state.pa.us
Pennsylvania Department of Aging www.aging.state.pa.us
Pennsylvania Department of Health www.state.health.pa.us
Pennsylvania Department of Public Welfare www.dpw.state.pa.us
People may visit any DRC regardless of where they live or work. To register for assistance
online visit: DisasterAssistance.gov; the screens will prompt people registering through the
process.

PLEASE NOTE:
Housing is the major existing problem resulting from flooding. The Department of
Community and Economic Development is asking homeowners, who might have
available housing or landlords who might have vacant units to please consider listing
these property(s) on the PA Housing Search site: http://pahousingsearch.com or call
877-428-8844.

 

Our Team Here at PDA and OLTL

There are a few announcements relating to our team here at the Pennsylvania Department of
Aging and Office of Long Term Living.

I join with Secretary Gary Alexander in announcing that Bonnie Rose, who many of you know as
the former Director of the Bureau of Provider Supports, will join us as the Acting Deputy
Secretary, Long Term Living effective Monday October 3, 2011. Bonnie will be Acting until the
completion of senior level position processing then will be named Deputy Secretary. Our thanks
are extended to Kevin Hancock and Mike Hale who served as Acting Deputy Secretary, Long Term
Living during this period of transition.

Kevin Hancock will join the Pennsylvania Department of Aging as Director, Office of Community
Services and Advocacy and serve in a Chief of Staff capacity. Kevin brings his dedication and
professional expertise in project management and systems design to the position and it is good to
have him join our team.

Mike Hale will return to his position as Director of the Bureau QMMA.

Evelyn Chianelli has joined the Pennsylvania Department of Aging as a Special Assistant to fill
the role previously held by David Gingerich. Prior to joining the Pennsylvania Department of
Aging, Evelyn served in progressively responsible research assistant positions with the Legislative
Office for Research Liaison.

Medicare Open Enrollment

PLEASE SPREAD THE WORD!

This year, Medicare annual enrollment dates have changed.
Annual enrollment is October 15th – December 7th 2011.

Information on open enrollment is available at www.state.pa.us or contact Darlene Sampson at
717-772-0201 or email at bsampson@pa.gov to obtain resources, inform us of any needs related to
open enrollment or ideas on how to get the word out and help Pennsylvania navigate the open
enrollment process. Our APPRISE program is a great resource for older adults to receive free
health insurance/Medicare counseling. APPRISE counselors are specifically trained to answer
each person’s questions relating to Medicare. Please refer to the Department’s website listed
above for locations where APPRISE informational events are being presently offered.

Bureau of Advocacy, Protection and Education
PEER Recognition Day
PEER Recognition Day activities will be held at the Holiday Inn, Grantville on October 5, 2011
from 10:00 am -1:30 pm. The event will honor approximately 300 PEER volunteers for their
efforts in speaking for those older adults who cannot speak for themselves. The PEER
(Pennsylvania’s Empowered Expert Resident) program encourages residents and nursing facility
staff to work together to address concerns of individuals and groups. The PEER program trains
resident advocates to work with facility, staff and residents to enhance the quality of care and
quality of life for their peers. The project is part of the department’s Ombudsman Program.

 

For more information on the program contact Bob McNamara at rmcnamara@pa.gov or visit
http://www.aging.state.pa.us/portal/server.pt/community/advocacy_%28ombudsman%29/19389

Guardianship – House Bill 1720
On September 28, 2011, the House Aging & Older Adult Services Committee held an informational
meeting to discuss House Bill 1720, sponsored by Chairman, Tim Hennessey. This legislation, also
known as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
(UAGPPJA), is intends to ensure only one state will have jurisdiction over a guardianship
proceeding at any one time.

Participants at the meeting included representatives from the Pennsylvania Department of Aging,
AARP, Alzheimer’s Association, Public Policy Coalition, PA Bar Association and PA Association of
Elder Law Attorneys, Temple Institute on Protective Services and PA Board of Commissioners on
Uniform State Laws. Participants presented information regarding their experiences with cases
when petition for guardianship is filed in more than one state. They spoke about the practical
application of the proposed legislation and how the adoption of a uniform guardian law will benefit
the public. Currently, 29 states and the District of Columbia have adopted similar legislation.

Testimony from the participants favorably supported the proposed legislation, including the
comments by the Department. In addition, the Department’s s Bureau of Advocacy, Protection
and Education stressed the importance of the ensuring that proposed legislation is consistent with
current law and will be working with the committee to address their concerns.

The House Aging & Older Adult Services Committee is expected to vote on House Bill 1720 at its
next meeting on October 4, 2011. If you have any questions on this legislative matter, please
contact Kelly O’Donnell, Legislative Director, kelodonnel@pa.gov

Solicitor Training
The Institute on Protective Services held their first Solicitor training on September 27, 2011. The
training was designed to focus on the role of the AAAs and their attorneys in assisting clients to
recover lost assets.

Also, an administrative overview was provided by Secretary Duke. There were over 18, 103
allegations of abuse in FY 09-10, but a decrease in the number of reports that went on for
investigation. The Pennsylvania Department of Aging looks forward to working with the solicitors
as we develop initiatives across state agencies, revise the Older Adult Protective Services Act and
build on the strong foundation established by the Protective Service and Guardianship Committee,
as well as streamlining reporting and referral processes.

The Hon. Tim Hennessey, Chair of the House Aging and Older Adult Services provided an
overview of the House committee and a legislative update. Over 40 solicitors from across the state
participated in the training. Feedback from the attendees was very favorable and plans are
underway to develop similar programs. For more information, visit:
http://www.instituteonps.org/training/

 

Bureau of Individual Support

On September 27, 2011, The Office of Long Term Living (OLTL) received approval from the
Centers for Medicare and Medicaid of the COMMCARE waiver amendment to unbundle
Residential Habilitation Services and Structured Day Habilitation Services (which is also placed in
the OBBRA waiver). Additionally, OLTL received approval of new rate methodology for new
service definitions.

Other Announcements:
Pennsylvania Department of Aging received AoA Grant
The Pennsylvania Department of Aging was notified this week of approved for a grant from the
Department of Health and Human Services, Administration on Aging, for $100,000 to assist with
disaster relief in areas of the state declared by President Obama. This money will be used in the
21 counties of the Commonwealth that were declared disaster areas resulting from Hurricane
Irene and Tropical Storm Lee. The Department intends to use these funds in assisting AAAs in
their recovery operations and for caregiver respite.
 
House Appropriations Committee Releases Draft Labor-HHS Funding Bill (from
NASUAD)
The draft bill includes $153.4 billion in discretionary funding, which is $4 billion below the FY11
enacted level and $27.5 billion below the President’s budget request. Of this total, AoA receives
$1.5 billion, which is $26 million, or 2 percent, below the FY12 level, and includes $819
million for OAA nutrition programs. These funding levels reflect the overall change in FY12
discretionary spending to $1.043 trillion, which is the amount to which the House, Senate, and
White House agreed in the most recent debt ceiling legislation, the Budget Control Act of 2011 (PL
112-25). Since there has not been a markup process, there is no committee report to accompany
this draft language, which would provide more detail about the recommendations of House
appropriators for funding specific aging services programs.

The House and Senate are currently on recess, a stopgap measure has been approved by both
chambers in order to fund the federal government until they return next week, at which point the
House is expected to consider a Senate-passed continuing resolution (CR) to authorize federal
spending through November 18. For draft text of the legislation, please visit:
http://appropriations.house.gov/UploadedFiles/FY_2012_Final_LHHSE.pdf.
 
State-by-State Census Data Released
The U.S. Census Bureau has released findings from the 2010 American Community Survey (ACS),
which covers more than 40 socioeconomic topics, including education, employment status, age, and
household type. See the Census Bureau's American FactFinder database to find statistics for your
area. Selected high-level highlights can be found here. In addition, the Census Bureau released a
set of four comprehensive briefs based on the 2010 ACS. These short reports supplement detailed
tables in American FactFinder with additional analysis on four key topics: Health Insurance
Coverage, Employment Ratios, Household Income, and Foreign-born from Latin America and the
Caribbean. Additional reports will be released through the end of 2011. For information visit:
http://www.census.gov/acs/www/data_documentation/2010_acs_briefs/

Poverty Data Released
Also the U.S. Census Bureau published Income, Poverty, and Health Insurance Coverage in the
United Sates: 2010. This annual report contains the official national findings from the Current

 

Population Survey. According to the report, real median household income declined between 2009
and 2010, while the poverty rate increased over this same time period. The report noted the
inflation adjusted income of households headed by persons aged 65 and older decreased by 1.5
percent from $31,872 in 2009 to $31,408 in 2010 and the poverty rate among persons aged 65 and
older increased from 8.9 percent 2009 to 9.0 percent in 2010, For more information on the 2010
Census Data, visit link listed in the article above.

Dates to Note for September, October and November:

National Senior Center Month – September
National Preparedness Month – September
National Hunger Action Month – September
National Active Aging Week – September 25 – October 1
Resident Rights Month – October
PEER Recognition Day – October 5, 2011
National Alzheimer’s Awareness Month - November
**Please note: Our apologies to the Pennsylvania Adult Day Services Association. While
focusing on disaster recovery in the past editions we omitted an announcement of
National Adult Day Services Week – September 18 – 23. Our Adult Day Services
providers are a valued part of our long term care continuum.

In the News
Berks County Launches Initiative
http://readingeagle.com/article.aspx?id=335632
 
Secretary of Aging speaks with Berks County AAA and County officials
http://www.bctv.org/special_reports/basic_needs/don‐t‐expect‐more‐state‐money‐for‐older‐people‐
department/article_3f7607e6‐ea30‐11e0‐86e2‐001cc4c002e0.html

Two York County organizations seek to change attitudes about aging
http://www.ydr.com/local/ci_18997487

Seniors get a helping hand into the computer age
http://www.phillyburbs.com/news/local/courier_times_news/seniors-get-a-helping-hand-into-the-
computer-age/article_27962d34-e7cf-5244-b23a-1b2f30612204.html

Free Medicare advice coming; Seniors will be assisted with enrollment options at the annual event
at the Area Agency on Aging
http://www.ldnews.com/lebanonnews/ci_18962600

Training and Events
 

 

Proper Documentation and Investigation Training – Institute on Protective Services,
October 6, 2011, in Meadville; October 25, 2011 in Allentown; and November 9, 2011 in Mars.
http://www.instituteonps.org/training/

Long-Term Care Delivery System Subcommittee (LTC Sub) of the Medical Assistance
Advisory Committee (MAAC) on October 11, 2011, at the Department of Aging’s Offices, 555
Walnut St. Harrisburg, PA, Forum Place Building, 5th Floor Conference Rooms.

Pennsylvania Senior Center Association Annual Conference
October 26-27, 2011, Penn Stater, State College
http://www.paseniorcenters.org/staff/calendar.htm

Adult/Older Adult Suicide Prevention Coalition is offering two Suicide Prevention
Forums, October 25, 2011 – Wilkes Barre, and Nov 2, 2011 – Clarion. For information and
registration visit:
http://www.ltltrainingpa.org/events/index.cfm?ekeyid=856

PCOA Annual Meeting – November 1-3, 2011 at the Hershey Lodge and Convention Center.
For more information, contact Donna Reinaker at 717-783-
 
Pennsylvania Adult Day Services Association Annual Conference
November 17-18, 2011, Inn at Leola, Lancaster. Contact: krenitv@mennohaven.org or call (717)
709-4510.

2011 Nursing Home Transition Conference – December 7-9, 2011, Hershey Lodge and
Convention Center – Contact the Long Term Living Training Institute at 717-541-4214 or email
Nancy Orlowski nancy@ltltrainingpa.org.

Training for protective services is available through the Department of Aging /Temple
University’s Institute on Protective Services. For information visit the Institute’s site
http://www.instituteonps.org/training/

Training programs offered by the Long-Term Living Training Institute – check this out! There
is a wealth of training opportunities.
http://www.ltltrainingpa.org/index.cfm

** If you have something you wish to include, feel free to contact us. Kindly direct your comments
and suggestions to Christina Reese in the Press Office chreese@pa.gov.