The COVID-19 Vaccine Distribution Plan in Pennsylvania (January 10, 2021)

As of January 7, 2021, more than 202,000 Pennsylvanians had received the first dose of a COVID-19 vaccine developed by Pfizer/BioNTech or Moderna. Both vaccines were granted emergency use authorization (EUA) by the Food and Drug Administration (FDA) in December. This process is designed to fast-track medicines to treat or prevent life-threatening diseases in public health emergencies.

The first vaccines have been earmarked for health care workers and are being distributed at several hospitals, pharmacies and medical centers throughout the state. Long-term care residents and staff are also in the state’s top priority group. Nursing home vaccine distribution in Pennsylvania began the week of December 28, 2020.

Phase 1A: The state has developed tiered priority groups, following guidance from the CDC. Phase 1A includes health care workers and PA’s ā€Æmore than 120,000 long-term care residents, along with long-term care staff.

Phase 1B: Next in line is phase 1B, which includes people at least 75 years old and people living and working in congregate care settings who weren’t covered in phase 1A. The group also includes first responders, correctional officers, food and agriculture workers, postal workers, manufacturing employees, teachers and other education workers, clergy, public transit employees and certain types of caregivers.

Phase 1C: Once more vaccines are available, the state will turn to phase 1C, which includes people 65 and up, several types of essential workers not covered in previous phases (e.g., transportation and logistics employees, water and wastewater workers, food service staff and people who work in housing construction, finance, information technology, communications, energy, legal and federal, state, county or local government roles., and people at least 16 years old who have high-risk medical conditions (e.g., diabetes or chronic kidney disease). Phase 1C also public safety and health workers and members of the media.

Once the state works through phase 1C, it will distribute vaccines to the general public. To read more from AARP, click here.

New State Policy, Resulting From Lawsuit, May Adversely Affect Autistic Kids (January 9, 2021)

According to WITF, a state policy change may leave thousands of children with autism without the regular therapy that helps them learn crucial skills. Children with autism often participate in therapy called applied behavior analysis (ABA). Proponents say it helps those children reach milestones such as communicating and interacting with others.

The new policy program, known as ā€œintensive behavioral health services,ā€ was developed in response to a 2016 class action lawsuit against the Pennsylvania Department of Human Services. Advocacy group Disability Rights Network settled with the state after asserting that it was failing to provide proper treatments for children. Under the policy change, set to take effect January 17, 2021, children who attend regular therapy at clinics will no longer be able to have those services paid for by federal Medical Assistance (MA). Such services would cost about $6,000 a month without health insurance, and even with health insurance are likely to cost more than $1,500.

As a result of the settlement, the PA Department of Human Services (DHS) agreed to develop a new behavioral services model to help children with autism. The new model was made public in late 2019. It was intended to add access to services. However, according to advocates, in this case the change has had the opposite effect.

For example, although MA will continue to pay for sessions conducted in the home, some parents claim that a clinical setting can be a better environment since it offers a predictable space where communication can be better and problem behaviors can be worked on in a safe and secure manner. Another benefit of center-based services is the opportunity for more interaction between the ā€œbehavior techniciansā€ and the behavior analysts who develop programs tailored to each child. Thus, many contend that the decision to conduct therapy at home or at a clinic should be up to the parent and the care provider.

Another consideration is that, in light of the pandemic, clinics are considered safer in many ways than in-home visits.

It is feared that the policy change will result in  thousands of children losing their center-based services. due to an ā€œunintended consequenceā€ of the stateā€™s response to the lawsuit settlement whereby one-on-one therapy at clinics was incorrectly categorized as ā€œgroupā€ treatment. According to a spokesperson, PDH is aware of parentsā€™ concerns and is committed to ensuring children, youth and young adults receive appropriate clinical services to meet their individual needs, and to do so in settings best able to provide a therapeutic environment to meet those needs.

For more information from WITF, click here.

Wolf Administration Updates Recommendations to Help Schools Safely Navigate COVID-19 During Second Semester (January 8, 2021)

The Pennsylvania Departments of Health (PDH) and Education (PDE) have provided school administrators and school boards with updated recommendations as to which instructional models they should consider using based on the changing levels of community transmission of COVID-19 in their counties. Until now, the county designations aligned to three recommended instructional models: fully in-person, blended/hybrid, and fully remote. Starting January 25, 2021, the departments are providing a second recommendation for elementary schools in substantial level counties. In addition to remote learning, now there is an option for blended/hybrid learning for elementary students.

Fully remote learning remains recommended for middle and high schools in the substantial level counties. K-12 schools may also consider bringing back targeted student populations for in-person instruction, regardless of what general instructional model they are utilizing.

Each week, DOH designates counties as having a low, moderate, or substantial risk of community transmission based on two standard public health metrics used by public health experts: incidence rate and the percent positivity of diagnostic testing. The metrics for every county in Pennsylvania are available on the DOH COVID-19 Early Warning Monitoring System Dashboard. The metrics and designations, which are updated weekly and available on PDEā€™s website, help school communities make instructional model decisions as conditions related to the pandemic fluctuate. As of Friday, January 1, 2021, all 67 counties were in the substantial level.

Since the beginning of the school year, PDE has developed and shared health and safety guidelines, tools, and recommendations with school communities. This information is publicly available on PDEā€™s website and is used by school leaders to inform local efforts.

Public school entities in counties in the substantial level of community transmission are required to sign an attestation form affirming that if they are providing any type of in-person instruction, that they are following the DOH face covering order and DOH guidance on how to handle confirmed cases in buildings. All required schools have completed and submitted an attestation form.

For more information from PDH, click here.

PA State Bd Sends Proposed Regs to IRRC (December 21, 2020)

On December 8, 2020, Karen Molchanow, Executive Director of the PA State Board of Education, sent a letter to the Independent Regulatory Review Commission (IRRC) that contained a copy of proposed regulation approved by the PA State Board of Education (PA Code Cite: 22 Pa. Code Chapter 49 ā€”Certification of Professional Personnel, #006-346) for review by the IRRC pursuant to the RegulatoryĀ  Review Act. The regulation was also delivered to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, which occurred on December 19, 2020. The letter goes on to say that, as the 2019-2020 legislative session has concluded, the PA State Board is holding delivery of proposed regulation #6-346 to the House and Senate Committees on Education until the start of the new legislative session.

The letter also contained a Regulatory Analysis Form which states that Pennsylvania faces challenges in educator recruitment and retention. Enrollment in traditional educator preparation programs has declined by 67% since 2010, which contributes to challenges to PA schools face in staffing classrooms with fully prepared educators. The decline in supply and resulting shortages disproportionately impact inequities in access to qualified teachers for low-income students and students of color. The eight districts that top the stateā€™s list for teacher shortages based on unfilled vacancies are all Title I districts, and six of the eight districts with the greatest teacher shortages serve primarily students of color. Title I is a federal program that provides financial assistance to local education agencies and schools with high numbers or high percentages of children from low-income families. To address these gaps, the state has become increasingly reliant on long-term substitutes serving on emergency permits to staff classrooms as evidenced by a 100% increase in the number of emergency permits issued to districts in Pennsylvania between 2014-15 and 2016-17. These circumstances are concerning because research demonstrates that teachers with little or no preparation often lead classrooms with lower student outcomes and experience a higher attrition rate from the field. Nationally, 66% of teacher turnover in 2015-16 was due to pre-retirement attrition.

These challenging circumstances demand attention to ensure that all students in Pennsylvania are served by teachers fully prepared to meet their needs. The proposed amendments collectively are intended to support efforts to improve educator recruitment, increase retention in the profession, increase the number of classrooms staffed by fully prepared teachers, and improve student outcomes by strengthening the preparation of new educators, creating conditions to provide more support for educators as they enter the classroom, and by improving the skill sets of current educators in working with an increasingly diverse student population. Increasing retention in the profession through staffing classrooms with more fully prepared educators can have positive financial and economic outcomes for the Commonwealth by reducing the amount of resources focused on recruitment and training due to staff turnover. Stalling classrooms with more fully prepared educators further can engender a positive financial and economic impact on the Commonwealth by improving student outcomes and, thus, creating a more well-prepared workforce.

The next steps in the regulatory process is the close of a public comment period on January 18, 2021, the final proposed regulations due by January 21, 2023, and the IRRC comments due by February 17, 2021. To read the proposed regulations in their entirety, click here.

Gov. Wolf Reminds Pennsylvanians Experiencing Anxiety, Loneliness, Stress Amidst Holiday Season that They are Not Alone (December 18, 2020)

The Wolf Administration issued recommendations to help individuals and families stay safe during the 2020 holiday season. Families are encouraged to hold virtual gatherings to mitigate the risk of COVID-19 transmission. The CDC indicates that small household gatherings are a large contributor to the rise in COVID-19 cases, and exposure at these events can follow and spread once the holidays are over. 

The Administration strongly recommends against participating in holiday gatherings with individuals or groups outside of your household, especially for individuals who are at increased risk for severe COVID-19 infection, which includes older adults, individuals with certain medical conditions, and any resident of a long-term care facility.

ā€œAs COVID-19 cases continue to rise and as we enter flu season, itā€™s important that we continue to take this virus seriously. That means continuing to wear masks and forego social gatherings, even holiday gatherings, to protect those we love,ā€ said Department of Human Services (DHS) Secretary Teresa Miller. ā€œThere are massive surges of positive COVID-19 cases in the majority of Pennsylvania counties, and protecting those most vulnerable for severe COVID-19 infection is critical. I urge everyone to remember the risks and do what we can to keep each other, our loved ones, and vulnerable people safe this holiday season.ā€

The departments of Health and Human Services have issued guidance to all long-term care facilities and nursing homes to go over with their residents to make sure they are safe over the holidays. Those who are at increased risk to severe illness from COVID-19 should avoid in-person gatherings with people who do not live in the same household. For more on this topic, click here.