RULES AND REGULATIONS
[31 PA. CODE CHS. 149 AND 151]
Automatic Subscriptions to the Pennsylvania Bulletin and Pennsylvania Code
[26 Pa.B. 1705]
The Insurance Department (Department), by this order, deletes Chapter 149 and amends § 151.14 (relating to fees) as set forth in Annex A, under the authority of 45 Pa.C.S. §§ 502, 503, 729--731, and sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S. §§ 66, 186, 411 and 412). Notice of proposed rulemaking is omitted in accordance with section 204(1)(iii) and (3) of the act of July 31, 1968 (P. L. 769, No. 240) (CDL) (45 P. S. § 1204(1)(iii) and (3)).
The purpose of this final/omitted rulemaking is to eliminate obsolete regulations. By order published at 25 Pa.B. 2882 (July 22, 1995), the Joint Committee on Documents terminated the automatic subscription provisions as they related to the Department. The order is retroactive to July 1, 1995. Because there is no longer a requirement for insurance companies and other entities regulated by the Department to subscribe to the Bulletin and Code, and Chapter 149 and § 151.14(e) relate directly to this issue, there is no longer a need for the regulations.
In accordance with the former regulation at 1 Pa. Code § 15.13, each insurance company and entity regulated by the Department had been required to subscribe to the Pennsylvania Bulletin and Pennsylvania Code. Under those same provisions, the Department had been required to purchase subscriptions from the Department of General Services in the name of each regulated entity and assess the cost to each entity.
The purpose of §§ 149.1--149.4 was to permit affiliated insurance companies to designate one of their companies to subscribe on behalf of all of the companies affiliated in the group. The purpose of § 151.14(e) was to describe the obligation of continuing care providers to subscribe to the Bulletin and Code. The termination of the former regulatory provisions has rendered these regulations unnecessary and obsolete.
Notice of proposed rulemaking is omitted under section 204(1)(iii) of the CDL which provides that notice of proposed rulemaking may be omitted when the rulemaking relates to agency procedure or practice. In this instance, the rulemaking relates to procedures and practices of the Department which are no longer applicable. Under section 204(3) of the CDL, notice of proposed rulemaking may also be omitted if the agency finds that the notice procedures are impracticable and unnecessary (45 P. S. § 1204(3)). The Department finds that the proposed rulemaking procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) are impracticable and unnecessary in this situation. Sections 149.1--149.4 and § 151.14(e) are made obsolete by the Joint Committee on Document's rulemaking eliminating the Department from the automatic subscription provisions of 45 Pa.C.S. § 731. The amendment of these sections relieves the affected parties of a regulatory procedure which no longer serves any purpose. The impacted parties received notice of the decision of the Joint Committee on Documents' rulemaking by virtue of their subscription to the Pennsylvania Bulletin. Furthermore, public comments cannot change the obsolete status of these regulations. Accordingly, the Department determined it is impractical and unnecessary to invite and consider comments from interested parties.
The amendment of these sections will affect insurance companies and other entities regulated by the Department.
There is no fiscal impact from the amendment of these sections.
There is no impact on paperwork as a result of the amendment of these sections.
This order is effective upon publication in the Pennsylvania Bulletin, and is retroactive to July 1, 1995. No sunset date has been assigned because the order amends obsolete regulations.
The person to contact for information on this matter is Thomas Lavelle, Chief, Budget and Fiscal Management, Insurance Department, 1326 Strawberry Square, Harrisburg, PA 17120, (717) 787-4298.
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the amendments with proposed rulemaking omitted on February 27, 1996, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Banking and Insurance Committee and the House Insurance Committee. On the same date, the amendments were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506). In accordance with section 5(c) of the Regulatory Review Act, the amendments were deemed approved by the Senate Banking and Insurance Committee on March 18, 1996, and deemed approved by the House Insurance Committee on March 18, 1996. IRRC met on March 21, 1996, and approved the amendments.
The Insurance Commissioner finds that there is good cause to forego public notice of the intention to delete §§ 149.1--149.4 and amend § 151.14(e) because the amendments relate to agency procedure and because submitting notice for public comment is unnecessary and impractical under section 204(1)(iii) and (3) of the CDL. Amendment of the regulations eliminates a procedure made obsolete by the elimination of the Department from the automatic subscription provisions. Interested parties have received notice by publication in the Pennsylvania Bulletin of the elimination of their automatic subscriptions. Public comment cannot change the obsolete status of these regulations.
The Insurance Commissioner, acting under the authority of 45 Pa.C.S. §§ 502, 503, 729--731 and sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 orders that:
(a) The regulations of the Department, 31 Pa. Code Chapters 149 and 151, are amended by deleting §§ 149.1--149.4 and amending § 151.14 to read as set forth in Annex A.
(b) The Department shall submit this order and Annex A to the Office of Attorney General and Office of General Counsel for approval as to form and legality as required by law.
(c) The Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon its publication in the Pennsylvania Bulletin.
LINDA S. KAISER,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 1603 (April 6, 1996).)
Fiscal Note: 11-127. No fiscal impact; (8) recommends adoption.
TITLE 31. INSURANCE
PART VIII. MISCELLANEOUS PROVISIONS
CHAPTER 149. (Reserved)
§§ 149.1--149.4. (Reserved).
CHAPTER 151. CONTINUING CARE PROVIDERS
§ 151.14. Fees.
(a) Upon each application for a certificate of authority, the applicant shall pay a fee of $750 to the Commonwealth.
(b) Upon each petition for an extension of a temporary certificate of authority, the applicant shall pay a fee of $100 to the Commonwealth.
(c) Upon each filing of an annual disclosure statement as required by section 7(b) of the act (40 P. S. § 3207(b)), the provider shall pay a fee of $750 to the Commonwealth. This fee is not applicable to disclosure statements accompanying an application for a certificate of authority.
(d) A fee may not be charged for an amendment to an application for a certificate of authority, or for an amendment to or update of a disclosure statement or resident's agreement.
(e) Providers shall be subject to the fees set forth in The Administrative Code of 1929 (71 P. S. §§ 51--732), including but not limited to, the fees contained in section 612-A of The Administrative Code of 1929 (71 P. S. § 240.12A).
(f) Whenever an investigation, examination or rehabilitation is undertaken as authorized by the act, or as otherwise authorized by statute, the provider shall be assessed the expenses incurred by the Department, including compensation of Department employes or consultants, agents or trustees acting on behalf of the Department, and the expenses of these persons for travel, lodging and food, which amounts shall be assessed under 4 Pa. Code Chapter 40 (relating to travel and subsistence).
(g) Fees specified in this section shall be assessed and billed to providers in accordance with established Department procedures and this title.
[Pa.B. Doc. No. 96-585. Filed for public inspection April 12, 1996, 9:00 a.m.]
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