Pursuant to Act 73 of 2021, 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. A list of the regulations that were suspended in whole or in part and their current status is available here.
In addition, the following guidance issued by the Office of Mental Health and Substance Abuse Services (OMHSAS) has been updated or rendered obsolete as a result of the extensions under this new law:
- OMHSAS-21-09 Guidelines for the Delivery of Behavioral Health Services Through Telehealth
Act 73 supersedes the requirement for providers to submit requests for waivers of the following suspended regulations:
- 55 Pa. Code § 5221.33 for Mental Health Intensive Case Management services;
- 55 Pa. Code § 1153.14 for Outpatient Psychiatric Services (psychiatric outpatient clinics, partial hospitalization outpatient facilities and mobile mental health treatment services); and
- 55 Pa. Code § 1223.14 for Outpatient Drug and Alcohol Clinic Services.
The suspension of these regulations will remain in effect until further notice. OMHSAS-21-09 (see attachment) has been updated to reflect these temporary changes. Additional guidance will be forthcoming for providers that have already submitted requests for waivers of these regulations. If you have questions or concerns regarding Bulletin OMHSAS-21-09, please e-mail the OMHSAS Bureau of Policy, Planning and Program Development’s Tele-Behavioral Health Services resource account.