IRRC Hearing Slated for DHS Chapter 5100 Regulations

The Department of Human Services (Department) recently submitted Final-Form Regulation #14-558 (IRRC #3466) to the Independent Regulatory Review Commission (IRRC) and the designated standing committees in the House and Senate. You can view a copy of the final-form regulation via this link.

The purpose of this final-form rulemaking is to amend Chapter 5100 to align with Act 32 of 2022 and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirements. Act 32 of 2022 requires the Department to promulgate regulations reflecting changes to the Mental Health Procedures Act, which includes the addition of covered entities and business associates to the list of entities to which the Department may disclose confidential information.

The final-form regulation will be considered by IRRC at its public meeting on Thursday, October 15, 2026, beginning at 10:00 am in Suite 804, 555 Walnut Street, Harrisburg, PA 17101. The agenda and any changes to the time or date of the meeting will be posted on IRRC’s website. The public meeting will be livestreamed and accessible via this link.

RCPA had supported the rulemaking in our submission during the public comment period with a few noted recommendations for consideration. For the purpose of this IRRC hearing, any comments on this final-form regulation should be submitted to the Department and the IRRC prior to the 48-hour blackout-out period, which begins at 10:00 am on Tuesday, October 13, 2026. The Regulatory Review Act requires IRRC to embargo any comments it receives during the 48-hour blackout period. Any comments received during the blackout period will not be reviewed by IRRC’s commissioners until the start of the meeting. For this reason, it is better to comment before the blackout period begins.

RCPA will prepare a final review and comments leading up to the hearing. If any members would like to submit your feedback as part of the RCPA response, please forward to RCPA COO and Mental Health Policy Director Jim Sharp by October 8. RCPA intends to testify at the IRRC hearing on October 15.

Members are also encouraged to submit their own organizational comments. Please provide IRRC with a copy of any comments by email. Be aware that all correspondence and documents relating to a regulation submitted to IRRC are a matter of public record and will appear on their website.

If you have any further questions, please contact Jim Sharp.