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Southwest Allegheny News

Saturday, September 28, 2024

Lawmakers criticize IRRC ruling on psychiatric rehabilitation services for minors

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State Rep. Jason Ortitay | Pennsylvania 46th Legislative District

State Rep. Jason Ortitay | Pennsylvania 46th Legislative District

State Representatives Doyle Heffley and Jason Ortitay have voiced their disapproval of the Independent Regulatory Review Commission’s (IRRC) recent decision. The IRRC approved a regulation by the Pennsylvania Department of Human Services to expand Psychiatric Rehabilitation Services (PRS) to minors aged 14-18, which requires the minor's consent for services.

This new regulation contradicts Act 65 of 2020, authored by Ortitay, which allows parents or guardians to consent to treatment on behalf of minors without needing the minor's agreement. Ortitay expressed his disappointment: “I am deeply disappointed in IRRC’s decision. While I have always supported increasing access to mental health services, parents of minors should not be shut out of the process."

Heffley also shared his concerns: “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. 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 representatives argue that this new requirement could lead to confusion among providers regarding parental consent and may increase legal risks for those who deny services despite parental consent. They worry that it could set a precedent for other mental health services, potentially undermining Act 65.

The regulation is now subject to review by Pennsylvania Attorney General Michelle Henry for legality. Ortitay urged Attorney General Henry to disapprove of the regulation, citing IRRC Commissioner John Soroko's statement that "this regulation does not meet the requirements of the Regulatory Review Act."

Representative Doyle Heffley

122nd Legislative District

Representative Jason Ortitay

46th Legislative District

Pennsylvania House of Representatives

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