Doyle Heffley
09/26/2024 | Press release | Distributed by Public on 09/26/2024 08:37
IRRC Ruling Undermines Parental Rights, Lawmakers Say
Sep. 26, 2024
HARRISBURG - State Reps. Doyle Heffley (R-Carbon), Republican chair of the House Human Services Committee, and Jason Ortitay (R-Allegheny/Washington) expressed outrage at the Independent Regulatory Review Commission's (IRRC) approval of the Pennsylvania Department of Human Services' regulation to expand Psychiatric Rehabilitation Services (PRS) to minors between the ages of 14-18.
The regulation creates a requirement that a minor agree to the services. This contradicts a state law Ortitay authored, Act 65 of 2020, which allows parents or guardians to consent to treatment on behalf of the minor without the minor's consent.
"I am deeply disappointed in IRRC's decision," Ortitay said. "While I have always supported increasing access to mental health services, parents of minors should not be shut out of the process. The reason I put forth the 2020 law was because after passage of Act 147 of 2004 that allowed minors 14 and older to consent to treatment without the consent of their parent or guardian, some providers were only allowing the minor child to consent. My 2020 law clarified that parents definitely have the ability to place their children under the age of 18 into mental health assistance even if the minor refuses treatment. I am concerned this regulation takes us backwards."
"As a representative and chairman of the House Human Services Committee, I regularly hear from parents facing administrative hurdles when seeking mental health services for their children," Heffley said. "I support efforts to reduce these challenges and improve access to services like PRS. However, this regulation unlawfully creates an additional barrier for parents."
"The new admission requirement under the regulation adds to the confusion among providers regarding parental consent and may increase legal risks for those who deny services to minors despite parental consent," Heffley added. "Additionally, we are concerned that this requirement could set a precedent for other mental health services, potentially undermining Act 65. I strongly urge the Department of Human Services to clarify guidance on this regulation and recognize the potential problems it could create for future mental health protocols for our youth."
The regulation must now be reviewed by Pennsylvania Attorney General Michelle Henry for legality.
"I urge Attorney General Henry to disapprove of this regulation," Ortitay said. "As IRRC Commissioner John Soroko pointed out in the meeting 'this regulation does not meet the requirements of the Regulatory Review Act, which first and foremost fundamentally require the regulation to be in alignment with the legislation under which it is to be regulated.' This regulation should be re-written to accomplish its worthwhile goals without violating the law."
Representative Doyle Heffley
122nd Legislative District
Representative Jason Ortitay
46th Legislative District
Pennsylvania House of Representatives
Media Contact: Huntre Keip
717.772.9837
[email protected]
RepHeffley.com / Facebook.com/RepHeffley
Media Contact: Tracy Polovick
717.260.6358
[email protected]
RepOrtitay.com / Facebook.com/RepOrtitay
The regulation creates a requirement that a minor agree to the services. This contradicts a state law Ortitay authored, Act 65 of 2020, which allows parents or guardians to consent to treatment on behalf of the minor without the minor's consent.
"I am deeply disappointed in IRRC's decision," Ortitay said. "While I have always supported increasing access to mental health services, parents of minors should not be shut out of the process. The reason I put forth the 2020 law was because after passage of Act 147 of 2004 that allowed minors 14 and older to consent to treatment without the consent of their parent or guardian, some providers were only allowing the minor child to consent. My 2020 law clarified that parents definitely have the ability to place their children under the age of 18 into mental health assistance even if the minor refuses treatment. I am concerned this regulation takes us backwards."
"As a representative and chairman of the House Human Services Committee, I regularly hear from parents facing administrative hurdles when seeking mental health services for their children," Heffley said. "I support efforts to reduce these challenges and improve access to services like PRS. However, this regulation unlawfully creates an additional barrier for parents."
"The new admission requirement under the regulation adds to the confusion among providers regarding parental consent and may increase legal risks for those who deny services to minors despite parental consent," Heffley added. "Additionally, we are concerned that this requirement could set a precedent for other mental health services, potentially undermining Act 65. I strongly urge the Department of Human Services to clarify guidance on this regulation and recognize the potential problems it could create for future mental health protocols for our youth."
The regulation must now be reviewed by Pennsylvania Attorney General Michelle Henry for legality.
"I urge Attorney General Henry to disapprove of this regulation," Ortitay said. "As IRRC Commissioner John Soroko pointed out in the meeting 'this regulation does not meet the requirements of the Regulatory Review Act, which first and foremost fundamentally require the regulation to be in alignment with the legislation under which it is to be regulated.' This regulation should be re-written to accomplish its worthwhile goals without violating the law."
Representative Doyle Heffley
122nd Legislative District
Representative Jason Ortitay
46th Legislative District
Pennsylvania House of Representatives
Media Contact: Huntre Keip
717.772.9837
[email protected]
RepHeffley.com / Facebook.com/RepHeffley
Media Contact: Tracy Polovick
717.260.6358
[email protected]
RepOrtitay.com / Facebook.com/RepOrtitay
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