NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[30 Pa.B. 1320]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, February 17, 2000, and took the following actions:

Regulations Approved:

   Insurance Department #11-195: Quality Health Care Accountability and Protection (amends 31 Pa. Code §§ 154.1 and 154.18).

   Department of Revenue #15-353: Sales and Use Tax; Books, Publications and Advertising Materials (amends 61 Pa. Code §§ 31.3 and 31.29 and deletes 61 Pa. Code §§ 48.2 and 48.3).

   Environmental Quality Board #7-343: Nitrogen Oxides Allowance (amends 25 Pa. Code Chapters 121 and 123).

   State Board of Medicine #16A-4911: Requirements of Health Care Services Malpractice Act (amends 49 Pa. Code § 16.32).

   Insurance Department #11-170: Surplus Lines Insurance (amends 31 Pa. Code Chapter 124).

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
February 17, 2000

Insurance Department--Quality Health Care Accountability and Protection; Regulation No. 11-195

Order

   On July 20, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code §§ 154.1--154.18. The authority for this regulation is section 2181 of the Insurance Company Law of 1921 (40 P. S. § 991.2181), Act 68 of 1998 (40 P. S. §§ 991.2101--991.2193) and sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S. §§ 66, 186, 411 and 412). The proposed regulation was published in the July 31, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form was submitted to the Commission on December 9, 1999, but was withdrawn prior to Commission action. A revised final-form regulation was submitted to the Commission on January 24, 2000.

   The regulation implements the provisions of Act 68 of 1998, the Quality Health Care Accountability and Protection Act. It includes new requirements and procedures for managed care plans, insurers, health care providers and the public.

   All managed care plans and licensed insurers issuing or underwriting health insurance contracts or policies will be affected by the regulation. Additionally, the public will be affected through alterations in the structure of existing managed care plans.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 11-195 from the Insurance Department, as submitted to the Commission on January 24, 2000, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Voting:  John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli--Proxy; Robert J. Harbison, III; John F. Mizner

Public Meeting held
February 17, 2000

Department of Revenue--Sales and Use Tax; Books, Publications and Advertising Materials; Regulation No. 15-353

Order

   On December 9, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code §§ 31.3 and 31.29 and deletes 61 Pa. Code §§ 48.2 and 48.3. The authority for this regulation is sections 204 and 270 of the Tax Reform Code (72 P. S. §§ 7204 and 7270). The proposed regulation was published in the December 20, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 19, 2000.

   The Department is updating existing provisions. The amendments are consistent with recent statutory changes in the Tax Reform Code and a recent ruling by the Pennsylvania Supreme Court.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 15-353 from the Department of Revenue, as submitted to the Commission on January 19, 2000, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Voting:  John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli--Proxy; Robert J. Harbison, III; John F. Mizner

Public Meeting held
February 17, 2000

Environmental Quality Board--Nitrogen Oxides Allowance; Regulation No. 7-343

Order

   On February 17, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board. This rulemaking amends 25 Pa. Code Chapters 121 and 123. The authority for this regulation is section 5 of the Air Pollution Control Act (35 P. S. § 4005). The proposed regulation was published in the March 6, 1999 Pennsylvania Bulletin with a 65-day public comment period. The final-form regulation was submitted to the Commission on January 19, 2000.

   The amendments consist of technical corrections to the Nitrogen Oxides Allowance Program implemented on November 1, 1997. The adjustments and corrections to the allowance allocations implement the program in the manner originally intended.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-343 from the Environmental Quality Board, as submitted to the Commission on January 19, 2000, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Voting:  Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli--Proxy; Robert J. Harbison, III; John F. Mizner

Public Meeting held
February 17, 2000

State Board of Medicine--Requirements of the Health Care Services Malpractice Act; Regulation No. 16A-4911

Order

   On January 18, 2000, the Independent Regulatory Review Commission (Commission) received this rulemaking from the State Board of Medicine (Board). It amends 49 Pa. Code § 16.32. The authority for this regulation is section 8 of the Medical Practice Act of 1985 (63 P. S. § 422.8) and section 701 of the Health Care Services Malpractice Act (act) (40 P. S. § 1301.701). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This rulemaking deletes obsolete minimum dollar amounts for malpractice insurance coverage that Board licensees are required to maintain under the act. To provide guidance to licensees as to coverage requirements, the regulation retains the reference to the professional liability insurance requirements of the act.

   These amendments will have no adverse impact because they do not change anything required of licensees under the act. The regulation will be clarified and simplified by eliminating outdated provisions and referencing the self-executing malpractice insurance requirements of the act.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-4911 from the State Board of Medicine, as submitted to the Commission on January 18, 2000, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Voting:  Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli--Proxy; Robert J. Harbison, III; John F. Mizner

Public Meeting held
February 17, 2000

Insurance Department--Surplus Lines Insurance; Regulation No. 11-170

Order

   On September 23, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 124. The authority for this regulation is found in Article XVI of the Insurance Company Law (40 P. S. §§ 991.1601--991.1625). The proposed regulation was published in the October 3, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final regulation was submitted to the Commission on January 24, 2000.

   Surplus lines insurance is intended to provide coverage for nonstandard or unique risks that do not fit the underwriting guidelines of most insurers. The original Surplus Lines Insurance Law (act) was adopted in 1966. The act was updated in 1992. This rulemaking amends the existing regulations to be consistent with the 1992 revisions to the act.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 11-170 from the Insurance Department, as submitted to the Commission on January 24, 2000, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 00-399. Filed for public inspection March 3, 2000, 9:00 a.m.]

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