Category: Government Actions

USDE and HHS Announce Proposed Rule Change and Accompanying Guidance for School-based Medicaid Billing (May 21, 2023)

On May 18, 2023, the U.S. Department of Education (USDE) and U.S. Department of Health and Human Services (HHS), made a joint announcement regarding a proposed rule and a much-anticipated guidance update for school-based Medicaid billing. The announcement said that the Biden Administration is “taking action to make it easier for schools to provide critical health care services, especially mental health services, for millions of students across the nation” through a more streamlined Medicaid billing permissions and reimbursement process for students with disabilities.

As a result, the USDE predicts that of the 500,000 new students who are found eligible under the Individuals with Disabilities Education Act (IDEA) Part B each year, nearly 300,000 are likely to be eligible for Medicaid and impacted by the new rule. In addition, HHS is issuing new guidance to make it easier for schools to bill Medicaid.

Specifically, the proposed rule recommends eliminating a provision in the IDEA that requires one-time parental consent before schools file first-time invoices for school-based specialized services for children eligible for public benefits under Medicaid, the Children’s Health Insurance Program (CHIP) or other public insurance and benefits programs. USDE is instead releasing a Notice of Proposed Rulemaking under IDEA that would streamline consent provisions when billing for Medicaid services provided through a student’s individualized education program (IEP). This would result in a uniform process applicable to all Medicaid enrolled children, regardless of disability. 

Importantly, the proposed changes do not alter any of the critical parental consent provisions required by IDEA nor do they impact the parental consent obligations under the Family Educational Records and Privacy Act (FERPA). Additionally, the proposed rule does not alter the requirement that IEP services must be delivered at no cost to the child’s family, the requirement that IEP services cannot diminish other Medicaid-reimbursable services, nor Medicaid’s position as payor of first resort for IEP and Individualized Family Service Plan services. Rather, this regulatory change would help cut unnecessary red tape that schools and districts face in billing Medicaid and meet their obligations to ensure students with disabilities receive a free, appropriate public education in accordance with their IEP.

The comment period for the proposed rule change in IDEA for parental consent for Medicaid billing ends August 1, 2023.

To view the announcement and access the Comprehensive Guide to Medicaid Services and Administrative Claiming – PDF, click here.

PA Members of Congress Intro Bipartisan Safe Interactions Act (May 20, 2023)

On May 18, 2023, three Pennsylvania members of Congress – Rep.Susan Wild, Rep. Brian Fitzpatrick, and Senator Bob Casey – teamed up to introduce the Safe Interactions Act – a bipartisan bill to improve interactions between law enforcement officers and people with disabilities and mental health needs. This legislation will provide enhanced trainings to our police officers on working with and communicating with those in crisis, to help make our communities safer.

The Safe Interactions Act would provide grants to enable non-profit disability organizations to develop training programs that support safe interactions between law enforcement officers and people with disabilities. The training would be directed to both new and veteran officers and would include people with disabilities in the training as instructors. It would also establish an advisory council, chaired by a person with a disability, to oversee the training program development and implementation.

The Washington Post database of police shootings estimates that at least 25 percent of shootings involve a person with a mental health disability, and a Ruderman Family Foundation report found that 33 to 50 percent of all use-of-force police incidents involve people with mental health disabilities – making the Safe Interactions Act a key step in addressing the disproportionate incidences of violence involving law enforcement and people with disabilities.

Reps. Wild and Fitzpatrick introduced the bill in the House and Sen. Casey introduced the bill in the Senate.

Click here to read more about this bill.

Gov. Shapiro Highlights Plans to Invest in MH Support for PA Students (May 19, 2023)

On May 17, 2023 Governor Josh Shapiro shared his plans to ensure that Pennsylvania students have access to mental health resources in schools during a visit to Hempfield Area High School in Westmoreland County, highlighting his Administration’s commitment to prioritizing mental health support so that Pennsylvanians have access to the resources they need and deserve.

In March, the Governor unveiled his budget proposal filled with solutions to the most pressing issues Pennsylvanians face – including the mental health crisis that students and families are grappling with all across the Commonwealth.

In Pennsylvania, over 40% of students reported symptoms of depression in 2021. In addition to his budget’s proposed investments to address this crisis, Governor Shapiro has directed Insurance Commissioner Mike Humphries to make mental health parity a reality in Pennsylvania by continuing to hold insurers accountable so that mental health benefits are covered fairly.

As Attorney General, Governor Shapiro started Safe2Say Something â€“ an anonymous tip reporting system for students that has seen over 100,000 tips – and his budget proposal aims to help ensure every PA student can receive the support they need.

To increase access and resources for every Pennsylvania student, Governor Shapiro’s budget includes:
-$500 million over the next five years so that schools can fund mental health counselors and services on site, prioritizing students’ mental health in addition to their physical health.
-$60 million annually to restore mental health funding to Pennsylvania counties, who provide critical community-based mental health services for residents.

In addition, on May 18, 2023 Governor Josh Shapiro hosted a National Governors Association (NGA) roundtable on youth mental health in Philadelphia with NGA Chair New Jersey Governor Phil Murphy, Delaware Governor John Carney, and frontline leaders in youth mental health care. Governor Shapiro is participating in this NGA initiative in collaboration with governors from across the nation to develop bipartisan solutions to address the growing youth mental health crisis.

Learn more about Governor Shapiro’s budget and plans to support Pennsylvanians’ mental health here.

USDE Announces Nearly $100 Million in Continued Support for Mental Health and Student Wellness Through Bipartisan Safer Communities Act (May 17, 2023)

On May 15, 2023, the US Department of Education (USDE) announced more than $95 million in awards across 35 states to increase access to school-based mental health services and strengthen the pipeline of mental health professionals in high-needs school districts. The awards were funded by the Bipartisan Safer Communities Act (BSCA), which President Biden signed into law on June 25, 2022, and they help advance the Administration’s efforts to tackle the mental health crisis in our schools as part of his National Mental Health Strategy.

The USDE has awarded $286 million across 264 grantees in 48 states and territories to boost the training, hiring, and diversification of mental health professionals through two grants – the School-Based Mental Health (SBMH) grant program and Mental Health Service Professional (MHSP) grant program – in President Biden’s Bipartisan Safer Communities Act. Grantees estimate that these funds collectively will prepare more than 14,000 new mental health professionals for America’s schools. A state-by-state breakdown of these projections is included below.

The most recent announcement of 93 additional MHSP awards, following the awarding of $46 million to 67 grantees in December 2022, means that the USDE will fund a total of 160 MHSP grantees across the country who will train and place thousands of diverse and certified mental health providers in schools with the most need. Nearly half (45 percent) of MHSP grantees proposed a partnership with a Minority Serving Institution, Historically Black College or University or Tribal College or University. In February 2023, the USDE also announced $141 million in SBMH grants, which supports school districts in hiring mental health professionals.

The USDE is also announcing up to $2.6 million in funding for a new Mental Health Personnel Technical Assistance Center to support MHSP and SBMH grantees in meeting the goals of their grant. This Center will help identify and develop resources both for SBMH and MHSP grantees to support grantees in addressing the social, emotional, and mental health needs of PK-12 students and staff. The Center will also provide support to the field more broadly – to grantees and beyond – by disseminating best practices in recruiting, training, placing, and retaining school-based mental health services providers.

These historic investments are made possible because of funds provided under BSCA. Over the next five years, the USDE will invest the remainder of the $1 billion provided by BSCA in mental health professionals for schools through the MHSP and SBMH programs, helping advance the President’s goal, as part of his Mental Health Strategy, to double the number of school counselors, social workers, and other school-based mental health professionals.

Last fall, the USDE announced the Stronger Connections Grant program, which provided awards totaling nearly $1 billion to 56 states and territories through BSCA to help schools in high-need districts provide students with safe and supportive learning opportunities and environments that are critical for their success.

At the beginning of the school year, the USDE sent a letter with U.S. Health and Human Services Secretary Xavier Becerra to governors across the country to highlight federal resources available to states and schools to invest in mental health services for students. The USDE also awarded $122 billion in American Rescue Plan Elementary and Secondary School Emergency Relief funds to help schools reopen and recover, and experts indicate more than $2 billion has been directed to hire more school psychologists, counselors, and other mental health professionals in K-12 schools. With the help of these funds, as of July, compared with the pre-pandemic period, the number of school social workers is up 48 percent, the number of school counselors is up 10 percent, the number of school nurses is up 42 percent, and the number of school psychologists is up 10 percent.

PDE Applauds 2023 Migrant Education Program Graduates (May 17, 2023)

On May 16, 2023, the Pennsylvania Department of Education (PDE) congratulated Pennsylvania’s Migrant Education Program (MEP) students for earning a high school diploma or Commonwealth Secondary School Diploma during the 2023 Migrant Education Program Graduation Ceremony. This year’s celebration was held at HACC, Central Pennsylvania’s Community College, with the theme, Education Without Borders—Let Learning Flow for Academic Success. Most of the graduates are pursuing postsecondary studies, while others are immediately entering the workforce, including the military

MEP is a federally funded program that supplements educational support services for migratory children. The program assists school districts and charter schools in coordinating the continuity of educational services for children who have had their schooling interrupted and provides formula grants to state educational agencies to establish or improve education programs for migrant children. Since its inception in 1966, the program has served more than 350,000 students from birth to age 22.

MEP provides services to students with unique educational needs due to their mobile lifestyles, the short spans of instruction they received in the classroom, the discontinuity of instruction between states, and their lack of “belonging” to any one school. To lessen the impact of these specific variables, MEP was tasked with the responsibility of ensuring that migrant students:
-Receive appropriate educational and support services that address their special needs in a coordinated and efficient manner;
-Receive services that help reduce the educational disruptions and other problems that result from repeated moves;
-Overcome the challenges of mobility, cultural and language barriers, social isolation, and other factors associated with a migratory life, to succeed in school, and to successfully transition to postsecondary education or employment;
-Are not penalized by disparities among the States in curriculum, graduation requirements, and State academic content and student academic achievement standards;
-Receive full and appropriate opportunities to meet state content and student performance standards that all children are expected to meet; and
-Benefit from state and local systemic reform. The program ensures that all migrant students achieve challenging academic standards and graduate with a high school diploma (or complete a GED), and upon graduation are prepared for responsible citizenship, further learning, and productive employment. To achieve that mission, MEP provides after-school and summer programs, in-home programs and health and social support services, parental involvement, advocacy, and enrichment programs.