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Tags Posts tagged with "Regulations"

Regulations

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In 2017, Governor Wolf signed Senate Bill 446 into law as Act 59, which gave the Department of Drug and Alcohol Programs (DDAP) the power and duty to license drug and alcohol recovery houses that receive referrals from state agencies or state-funded facilities or receive federal or state funding. That legislation gave DDAP the authority to take enforcement action and issue fines against operators of unlicensed recovery houses that receive public funding. Last December, DDAP announced that it had published regulations for the licensure program for drug and alcohol recovery houses was accepting applications. Those regulations stated that the provision for issuance of fines would not take effect until 180 days after they were published.

Thursday, June 9, marked 180 days after publication of the regulations. View Information Bulletin 01-22 for requirements for recovery house licensure.

DDAP’s goal is to continue working with recovery houses to attain licensure and will not be looking to penalize houses that are actively working through that process. DDAP and the Single County Authorities (SCAs) share a common goal of causing the least amount of disruption to the lives of individuals in recovery and are hopeful that more houses will continue to submit applications and increase the capacity of licensed recovery houses in Pennsylvania.

To that point, SCAs may continue to act on existing contracts with recovery houses regardless of licensure status through June 30, 2022. Beginning July 1, 2022, SCAs may not execute new contracts with unlicensed houses. For existing contracts that run beyond July 1, SCAs can no longer pay unlicensed houses and should be looking to transition residents to licensed houses and other living arrangements unless the house shows a timely, good faith effort to apply for licensure.

More information on the recovery house application process can be found on the DDAP website. DDAP is also offering a free one-day training workshop designed to answer the various questions associated with the application process. Participation in the workshop results in a decrease in the amount of time it takes to approve applications, resulting in the license being issued sooner to those applicants who participate. To register for the workshop, please email or call 717-783-8675.

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On December 6, 2021, the Department of Human Services’ (DHS) Office of Long-Term Living (OLTL) issued the following notice:

Pursuant to Act 73 of 2021, the suspensions of various regulatory provisions under the state disaster emergency declaration were extended until March 31, 2022, unless sooner reinstated by the Department. Effective December 6, 2021, the Department has reinstated a number of suspended regulations. A list of suspended regulations and their current status is available here.

Members are encouraged to review the list for the latest updates.

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The Office of Developmental Programs (ODP) has shared that effective December 6, 2021, the Department has reinstated all of ODP’s suspended regulations. A list of the regulations that were previously suspended and the date they were reinstated is available here.

Pursuant to Act 73 of 2021, the suspensions of various regulatory provisions under the state disaster emergency declaration were extended until March 31, 2022, unless sooner reinstated by the Department.

Please note that the current version of the COVID-19 At-A-Glance Guide reads that “the suspension of various regulatory provisions under the state disaster emergency declaration that are currently in effect and which were set to expire on September 30, 2021, are now extended until further notice.” This guidance is no longer accurate; again, all of ODP’s suspended regulations have been reinstated. The At-A-Glance guide will be updated to reflect this change in the near future.

If this action is cause for concern for any RCPA member, please contact Carol Ferenz for assistance.

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HB 1995, which would require the Pennsylvania Department of Drug and Alcohol Programs (DDAP) to go through the regulatory review process any time it makes changes that would affect licensed drug and alcohol treatment providers, today passed the House of Representatives and heads to the Senate for concurrence. The next scheduled Senate session days are December 13–15.

The bill, sponsored by Rep. Carrie Lewis-DelRosso, specifically outlines the following instances in which DDAP would be required to promulgate regulations:

  • The implementation of new or additional licensing requirements for drug and alcohol facilities;
  • The implementation of new or additional drug and alcohol staff credentialing requirements;
  • The implementation of new or additional drug and alcohol counselor staffing ratios; and
  • The implementation of new or major programmatic changes and requirements imposed on drug and alcohol facilities, including the requirement of adding programs that significantly increase the cost of delivering care and meeting staffing requirements.

The legislation includes any proposed regulatory requirement not currently in effect or any regulatory requirement that the General Assembly has delayed through legislation.

Contact Jason Snyder, Director of Drug and Alcohol Division, with any questions.

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