Yesterday, October 15, 2026, the Pennsylvania Independent Regulatory Review Commission (IRRC) heard testimonies from the Office of Mental Health and Substance Abuse Services (OMHSAS) and stakeholders, including RCPA, as part of the promulgation process for the Chapter 5100 Regulations. The Department of Human Services recently submitted Final-Form Regulation #14-558 (IRRC #3466) to the IRRC and the designated standing committees in the House and Senate.
The purpose of this final-form rulemaking was 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 IRRC approved the regulations in a 4-1 vote to support the promulgation and implementation.
The public feedback process elicited more than 2000 responses, with the majority seeking to halt the passage over concerns parents would lose consent and rights to access medical records in the new rule. RCPA testified on behalf of members to support the rulemaking
as outlined in our submission to the IRRC during the public comment period, with a few noted recommendations for consideration, including clarifying the definitions to consent and parental access for youth under the age of 14 under the current standards of
Act 65 of 2020.
RCPA would like to thank its members and the Mental Heath Steering Committee for their thoughtful guidance on the recommendations as well as the collaborative effort with the House Human Services Committee and OMHSAS. With the final rulemaking concluded, OMHSAS will begin its communication process with stakeholders.
You can view a copy of the final-form regulation
via this link. If you have any further questions, please contact RCPA COO
Jim Sharp.
