[31 Pa.B. 711]
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Regulation Being Proposed Date Agency Considered of Promulgation Need and Legal Basis for Action Contact PUBLIC WELFARE
Child Protective Services Law
55 Pa. Code Ch. 3490April 2001, as proposed This regulation incorporates the amendments to the Child Protective Services Law as a result of Act 127 of 1998. The major changes include: convening of an investigative team for the investigation of suspected child abuse; increased communication between county agencies and law enforcement officials; increased requirements for multi-disciplinary teams; increasing the length of time unfounded reports are retained; and expanded reporting requirements by county agencies to law enforcement officials. Tom Vracarich
(717) 787-2209Child Day Care Services 55 Pa. Code Chs. 3271, 3281, 3291 August 2001, as proposed This regulation is proposed in response to Governor's Executive Order 1996-1 and to strengthen health and safety requirements in the regulation. The regulation will impact child day care centers, group day care homes and family day care homes. 55 Pa. Code, Chapter 3300, Specialized Day Care Service for Children with Disabilities, will be rescinded in order to comply with the provisions of the Americans With Disabilities Act. Tom Vracarich
(717) 787-2209Administration of County Children and Youth Programs
55 Pa. Code Ch. 3130March 2002, as proposed This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the final form federal regulations (effective March 27, 2000) for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include: Permanency Hearings and the matters to be determined; requirements related to reasonable efforts including aggravated circumstances, contrary to the welfare and best interests; and redefining permanency goals for children. Tom Vracarich
(717) 787-2209Subsidized Child Day Care Eligibility
55 Pa. Code Ch. 3040October 2001, as proposed. This regulation is proposed in order to clarify existing regulations relating to eligibility requirements for day care subsidy. Tom Vracarich
(717) 787-2209Planning and Financial Reimbursement Requirements for County Children and Youth Social Service Programs
55 Pa. Code Ch. 3140March 2001, as proposed This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the final form federal regulations (effective March 27, 2000) for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include: Permanency Hearings and the matters to be determined; requirements related to reasonable efforts including aggravated circumstances, contrary to the welfare and best interests; and redefining permanency goals for children. Tom Vracarich
(717) 787-2209Medical assistance estate recovery
55 Pa. Code Ch. 258August 2001, as final This regulation will codify the department's collection practices to recover correctly paid Medical Assistance from the estates of certain deceased recipients age 55 or older who receive Medical Assistance for nursing facility care, home and community based services, and related hospital prescription drug services. Changes effective August 15, 1994 and are the result of OBRA' 93, Act 1994-49, and Act 1995-20. Tom Vracarich
(717) 787-2209Continuation of Medical Assistance throughout pregnancy
55 Pa. Code Chs. 140, 181March 2002, as proposed This regulation codifies the provision that Medical Assistance coverage will be continued for pregnant women throughout their pregnancy and postpartum period, regardless of changes in family income that occur after the authorization of MA or cash assistance. Tom Vracarich
(717) 787-2209Exclusion of Resources-Medical Assistance children
55 Pa. Code Chs. 140, 178April 2001, as final-omitted This regulation codifies the provision that resources are excluded in the Medical Assistance eligibility determination process for supplemental security income (SSI) related, general assistance (GA) related, and TANF-related persons under 21 years of age and for SSI-related, TANF-related, and GA-related families with children under 21 years of age. Tom Vracarich
(717) 787-2209Workfare/Community Service
55 Pa. Code Chs. 166, 275February 2002, as proposed. The revisions clarify who may be assigned and the priority and factors to be considered in making Workfare program assignments, define responsibilities of county assistance offices and project operators regarding participation expenses and program requirements, and provide for grievance rights for Workfare recipients and regular employees. Provisions of Act 1995-20 will also be incorporated into this regulation package. Tom Vracarich
(717) 787-2209Elimination of PACE requirement
55 Pa. Code Ch. 181April 2001, as final-omitted. This regulation codifies the elimination of the deduction from income for the PACE program and the mandate to enroll in the PACE program as required by Title XIX. Tom Vracarich
(717) 783-2209Real property liens
55 Pa. Code Chs. 101, 121, 177, 183, 257, 297June 2001, as proposed. This regulation codifies the elimination of the requirement that applicants who own real property, including mobile homes, which are used as their primary residence, will no longer be required to sign a lien encumbering their residence as a condition of eligibility for cash assistance. The Department intends to rescind 55 Pa. Code Chapter 257, regarding Reimbursement. Instead, the Department will propose a new chapter governing reimbursement policy for cash assistance recipients and applicants who own personal property Tom Vracarich
(717) 783-2209Criminal history
55 Pa. Code Chs. 125, 133, 141December 2001, as proposed. This regulation incorporates the Act 1995-20 provision that prohibits the granting of assistance to any person sentenced for a felony or misdemeanor who has not satisfied the penalty imposed by law by having completed the period of incarceration and by paying all fines, costs, and restitution. Act 1996-35 expands the satisfied penalty requirement to include compliance with an approved payment plan Tom Vracarich
(717) 783-2209Act 1996-35 - Provisions Effective March 3, 1997 55 Pa. Code Chs. 105, 125, 133, 140, 141, 145, 151, 153, 165, 168, 177, 178, 181, 183, 187, 255 July 2001, as final- omitted. This regulation incorporates provisions of the TANF program implemented 3/3/97 by NORC including establishing RESET; requiring applicants and recipients to enter into an agreement of mutual responsibility with the department; and further defining Title IV-D cooperation requirements and procedures for TANF and GA applicants and recipients. Act 1996-35 provisions applicable to the TANF program may not be implemented until federal approval is received. Tom Vracarich
(717) 783-2209Medical support rights
55 Pa. Code Ch. 187December 2001, as proposed. This regulation will require Medical Assistance applicants/ recipients to assign their medical support rights to the Commonwealth and apply for Title IV-D support services as conditions of eligibility. Tom Vracarich
(717) 783-2209Annuity rule
55 Pa. Code Ch. 178December 2001, as proposed. This regulation codifies the provision that in addition to the current provision permitting the institutionalized spouse to provide part of his monthly income to the community spouse whose income is below the minimum monthly maintenance needs allowance, either the institutionalized spouse or their representative may file an appeal and seek an administrative order permitting the protection of additional resources to enable the community spouse to purchase an annuity that will generate sufficient income to bring her income up to the minimum monthly maintenance needs allowance Tom Vracarich
(717) 783-2209Intentional Program Violations
55 Pa. Code Chs. 255, 275, 501April 2001, as final-omitted. This regulation incorporates federal mandates by the U.S. Department of Agriculture and the U.S. Department of Health and Human Services that individuals found to have committed an intentional program violation is subject to an immediate disqualification penalty regardless of the individual's current eligibility status for benefits. Tom Vracarich
(717) 783-2209Food Stamp Disqualification Penalties
55 Pa. Code Ch. 501December 2001, as proposed. This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from six months to one year for the first violation and from one year to two years for the second violation. Tom Vracarich
(717) 783-2209Employment Requirements for Two-Parent Households: Definition of Unemployment
55 Pa. Code Chs. 153, 178December 2001, as proposed. This regulation codifies the provision in the current Temporary Assistance for Needy Families (TANF) State Plan that DPW is revising the definition of unemployment so that working parents who meet financial eligibility requirements and are otherwise eligible may receive TANF until their income exceeds eligibility limits or they exhaust their 60 months of TANF. Tom Vracarich
(717) 783-2209Family Violence Option 55 Pa. Code Ch. 187 July 2001, as proposed. This regulation codifies provisions in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, and waive certain program requirements, including support requirements, for those individuals, as needed. Tom Vracarich
(717) 783-2209Increases in Payment for Burial and/or Cremation 55 Pa. Code Ch. 285 December 2001, as proposed. This regulation codifies an increase to the maximum payment for burial and/or cremation for eligible persons. A decreased person of any age who received or was eligible to receive a money payment -- TANF, General Assistance, State Blind Pension, or Supplemental Security Income -- may be eligible for a maximum burial and/or cremation payment of $750, if there are no resources that reduce the payment. Tom Vracarich
(717) 783-2209Early and Periodic Screening Diagnosis Treatment (EPSDT)
55 Pa. Code Chs. 1101, 1121, 1123, 1147, 1241September 2001, as final-omitted. This regulation relating to services provided as a follow-up to an EPSDT visit or encounter that are not currently recognized under the approved Medical Assistance (Medical Assistance) State Plan. Tom Vracarich
(717) 783-2209Medical Assistance case management services
55 Pa. Code Ch. 1239July 2001, as final- omitted. This final regulation codifies payment for medically necessary case management services as mandated by Omnibus Budget Reconciliation Act '89 to Medical Assistance recipients under the age of 21. Tom Vracarich
(717) 783-2209General Assistance Restructure - Act 1994-49 55 Pa. Code Chs. 1101, 1121, 1149 July 2001, as final-omitted. This final regulation codifies Act 1994-49 provisions that affect the medical benefits of General Assistance recipients over the age of 21 when these services are solely state funded. These recipients are no longer eligible for (1) dental services unless their medical condition or handicap requires services to be provided in an ambulatory surgical center, short procedures unit or inpatient hospital; (2) medical supplies and equipment except as prescribed for family planning or with home health agency service; and (3) prescription drugs except legend birth control drugs. Tom Vracarich
(717) 783-2209Discontinue coverage-- infertility 55 Pa. Code Chs. 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243 July 2001, as final-omitted. This final regulation codifies Act 1994-49 provisions that discontinue payment for all drugs, devices, products, services and procedures that are used or related to treating infertility, including surrogacy services, effective September 1, 1994. Tom Vracarich
(717) 783-2209Residential Treatment Facilities (RTF) for mental health services 55 Pa. Code Chs. 1157, 1165 September 2001, as final-omitted. This regulation codifies coverage for mental health services to children under 21 years of age that are provided in a residential treatment facility. Tom Vracarich
(717) 783-2209Pharmaceutical services drug coverage
55 Pa. Code Ch. 1121July 2001, as final-omitted. This regulation provides that the medical assistance program provides drug coverage to medically needy only recipients receiving nursing facility services. This includes medically needy only recipients who reside in nursing facilities and intermediate care facilities/mental retardation (ICF/MR). Tom Vracarich
(717) 783-2209$150 deductible for General Assistance recipients 55 Pa. Code Ch. 1101 September 2001, as final-omitted. This regulation implements Act 1996-35 provisions imposing a $150 deductible on inpatient and outpatient hospital services and ambulatory surgical center services, except laboratory and x-ray services for General Assistance and General Assistance-related Medical Assistance recipients. Tom Vracarich
(717) 783-2209Early Intervention Services 55 Pa. Code Chs. 4225, 4226 January 2002, as final. This regulation will establish program regulations for early intervention services in keeping with the Federal regulations under the Individuals with Disabilities Education Act (IDEA) and Act 212 of 1990. Early intervention services regulations are called for by the Legislative Budget and Financing Committee Report on early intervention services. Tom Vracarich
(717) 783-2209MH Wraparound
55 Pa. Code Ch. 1154September 2001, as final-omitted. This final regulation codifies requirements necessary to receive reimbursement for medically necessary outpatient wraparound mental health services for individuals under 21 years of age with a diagnosis of mental illness or emotional disturbance. Tom Vracarich
(717) 783-2209Family Planning
55 Pa. Code Ch. 1101July 2001, as final-omitted. This final regulation removes family planning clinics from the list of providers limited under the General Assistance Basic Health Care Package to 18 practitioner's office and clinic visits per year. Tom Vracarich
(717) 783-2209Physician Assistant/Midwife
55 Pa. Code Ch. 1141July 2001, as final-omitted. This final regulation codifies revised supervision requirements for physician assistants and midwives. Tom Vracarich
(717) 783-2209Discontinuance of the Mandatory Second Opinion Program
55 Pa. Code Ch. 1150April 2001, as final-omitted. This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. Tom Vracarich
(717) 783-2209D&A Clinics
55 Pa. Code Ch. 1223April 2001, as final-omitted. This final regulation revises the enrollment policy for outpatient drug and alcohol clinics. Tom Vracarich
(717) 783-2209Capital Component Payment for Replacement Beds
55 Pa. Code Ch. 1187July 2001, as proposed. This regulation takes the policy as set forth in the Statement of Policy and promulgates it into the regulations. Tom Vracarich
(717) 783-2209Intergovernmental Transfer
55 Pa. Code Ch. 1187July 2001, as final-omitted. This regulation will extend the county nursing facility Transition Rates according to the Intergovernmental Transfer Agreement. Tom Vracarich
(717) 783-2209New Definition of ''Emergency Medical Condition'' 55 Pa. Code Chs. 1101, 1141, 1150, 1221 June 2001, as final-omitted. This final regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. Tom Vracarich
(717) 783-2209Definition of Medically Necessary
55 Pa. Code Ch. 1101June 2001, as proposed. This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. Tom Vracarich
(717) 783-2209Provision of Drug and Alcohol Treatment
55 Pa. Code Ch. 1223June 2001, as final-omitted. This final regulation eliminates the need for the supervisory physician to perform a physical exam within 15 days following intake and before the provision of treatment. Tom Vracarich
(717) 783-2209Invoicing for Services
55 Pa. Code Ch. 1101July 2001, as final-omitted. This regulation revises the invoice submission requirements for nursing facilities Tom Vracarich
(717) 783-2209Exceptional Payments for Durable Medical Equipment
55 Pa. Code Ch. 1187July 2001, as final-omitted. This regulation provides for payment for exceptional DME separate from and in addition to the case mix payment rate. Tom Vracarich
(717) 783-2209REVENUE
Cigarette Tax 61 Pa. Code §§ ____ (section number to be determined; still in drafting stage.) Summer 2001, as proposed. On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the ''Master Settlement Agreement,'' with the Commonwealth. On June 22, 2000, Act 54-2000, known as the Tobacco Settlement Agreement Act, was signed into law. Pursuant to Act 54, the Department is proposing a regulation, which describes the responsibilities for participating and nonparticipating tobacco product manufacturers and cigarette stamping agents. Douglas A. Berguson
(717) 787-1382Construction Contractors 61 Pa. Code §§ _____(section number to be determined; still in drafting stage.) Spring 2001, as proposed. This proposal sets forth the rules relating to construction contractors as well as the Department's interpretation of Act 45-1998. Douglas A. Berguson
(717) 787-1382Computer Software, Hardware and Related Transactions 61 Pa. Code § 31.33 Winter 2001, as final. Pursuant to Act 7-1997, various types of computer services are no longer subject to sales and use tax on or after July 1, 1997. However, certain computer related transactions remain subject to tax. This regulation provides guidance concerning these transactions. Douglas A. Berguson
(717) 787-1382Employer Returns and Other Withholding Provisions 61 Pa. Code §§ 113.2, 113.3, 113.3a, 113.3b, 113.3c, 113.4, 113.4a, 113.7 and 121.16 Summer 2001, as proposed. The Department is proposing amendments to various withholding regulatory sections, including requiring an employer who is required to file 250 or more withholding statements, to forward to the Department the reconciliation statement with such withholding statements via electronic or magnetic media as specified in the instructions of the Department. In addition, § 121.16 is amended to delete language relating to the filing of a W-2 with Form PA-40 as evidence of taxes withheld. Douglas A. Berguson
(717) 787-1382File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program 61 Pa. Code §§ 117.19--117.21 Summer 2001, as proposed. The file-by-phone (TeleFile) program involves the filing of a Pennsylvania personal income tax return by phone. The Federal and State electronic tax-filing program involves the filing of a Pennsylvania personal income tax return as part of the Federal and State Electronic Filing Program. Douglas A. Berguson
(717) 787-1382Partial Refunds For Bad Debts 61 Pa. Code §§ 33.3 and 33.5 Summer 2001, as final. This regulation explains the application of section 247.1 of the TRC (72 P. S. § 7247.1) relating to partial refund of sales tax attributed to bad debts. Douglas A. Berguson
(717) 787-1382Realty Transfer Tax Amendments 61 Pa. Code, Chapter 91 Summer 2001, as proposed. The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy. Douglas A. Berguson
(717) 787-1382Supplemental Unemployment Benefit Plan 61 Pa. Code §§ 101.1 and 101.6 Winter 2001, as final. This regulatory amendment will provide an explanation of the meaning and scope of the exclusion from compensation in section 301(d)(vi) of the TRC (72 P. S. § 7301(d)(vi)) for employer or labor union payments for supplemental unemployment programs. The changes will address the tax treatment of programs offered to provide supplemental benefits to employees terminated from service as a result of layoff, workforce reduction, plant closings or other involuntary terminations. Douglas A. Berguson
(717) 787-1382Termination Pay, Severance Pay and Early Retirement Incentive Programs 61 Pa. Code §§ 101.1 and 101.6 Winter 2001, as final. This regulatory change will clarify the taxation of termination pay, severance pay, early retirement incentive programs and programs offered by employers to provide benefits to employees in addition to those in qualifying retirement plans upon separation from service. This regulation also interprets section 301(d) of the TRC (72 P. S. § 7301(d)) to mean that Federal insurance benefits paid under the Railroad Retirement Act and guaranteed payments to a partner of a partnership for services to the partnership are excluded from compensation. Douglas A. Berguson
(717) 787-1382Utility Gross Receipts Tax 61 Pa. Code §§ 160.21--160.43 Fall 2001, as final. The Department is proposing this regulation to clarify the changes to the utility gross receipts tax brought about by utility deregulation (Act 138-1996) codified in Title 15 and Title 66. This regulation will also provide guidance and clarity to out-of-state businesses and the emerging industry. Douglas A. Berguson
(717) 787-1382Vending Machines 61 Pa. Code § 31.28 Spring 2001, as final. This regulation sets forth the Department's interpretation of Act 45-1998 as it relates to vending machines. Douglas A. Berguson
(717) 787-1382SECURITIES COMMISSION
''Financial reports to security holders'' 64 Pa. Code § 606.011 May 2001, as proposed. The Commission plans to amend this regulation to require issuers of debt securities by non-profit organizations to provide PA purchasers with annual financial statements. G. Philip Rutledge
(717) 783-5130''Revision of broker-dealer and agent licensing regulations'' 64 Pa. Code § 301.011, 020, 061; § 304.011; § 305.019 May 2001, as proposed. The Commission plans to revise this regulation to conform to the requirements of the federal National Securities Markets Improvement Act of 1996. G. Philip Rutledge
(717) 783-5130''Examination requirements for agents'' 64 Pa. Code § 303.031 May 2001, as proposed. The Commission plans to remove the Series 66 exam requirement and to add waivers similar to those found in 64 Pa. Code § 303.032. G. Philip Rutledge
(717) 783-5130''Revision of Advertising Regulations'' 64 Pa. Code § 606.031--034 May 2001, as proposed. The Commission plans to revise this regulation to conform to the requirements of the federal National Securities Markets Improvement Act of 1996. G. Philip Rutledge
(717) 783-5130''Delegation and substitution'' 64 Pa. Code § 606.041 May 2001, as proposed. The Commission plans to amend this regulation to update delegated authority within the Commission. G. Philip Rutledge (717) 783-5130 ''Charitable contributions to pooled income funds exempt'' 64 Pa. Code § 202.093 May 2001, as proposed. The Commission plans to revise this rule to permit registered persons to receive sales commissions and to recognize use of federally covered advisers by the charity. G. Philip Rutledge
(717) 783-5130''Charitable gift annuities'' 64 Pa. Code § 202.095 May 2001, as proposed. The Commission plans to revise this regulation to permit registered persons to receive sales commissions. G. Philip Rutledge
(717) 783-5130
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