[27 Pa.B. 3294]
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Regulation Being Considered
Proposed Date
Need and Legal Basis for Action
Agency
for Promulgation Contact Individual On-Lot Sewage Disposal System Program
25 Pa Code Chapter 967Winter 1997, as proposed. The On-Lot Program affords citizens of the Commonwealth a means to finance and comply with environmental sewage disposal regulations in rural areas where households are not and will not be served by a centralized sewage disposal system. The aforementioned regulations set forth the terms and conditions for obtaining financial assistance from the On-Lot Program and are necessary to instruct the individual homeowners on the particulars of the On-Lot Program. For example, the On-Lot Program regulations will inform the homeowners on how to apply for assistance, funding eligibility criteria and on how the Program is administered. The On-Lot Program regulations are a collaborative effort of the U.S. Environmental Protection Agency, the Dept. of Environmental Protection, the PA Housing Agency and PENNVEST. The grant of authority to issue these regulations is set forth in Section 6(4)(i) of the Pennsylvania Infrastructure Investment Authority Act 35 P. S. § 751.6(4)(i). Brion Johnson (717) 783-6798 INSPECTOR GENERAL No regulations being developed or considered at this date. INSURANCE
Miscellaneous (Relating to Uniform Classification of Expenses)
31 Pa. Code, Chapter 11August 1997, as proposed. Repeal ''11.2 and 11.5-7 to eliminate outdated unnecessary regulations and amend '11.4 to clarify current NAIC accounting instructions for electronic data processing expenses. Arnold Braun 7l7-783-2142 Costs of Examinations
31 Pa. Code, Chapter 12September 1997, as proposed. Amend to clarify the various types of costs incurred in the conduct of department examinations. Arnold Braun 7l7-783-2142 Securities and Stock Transactions
31 Pa. Code, Chapters 21, 23November 1997, as proposed. Amend to update requirements relating to Stock Ownership Statements, Proxies, Consents and Authorizations consistent with NAIC model language. Arnold Braun 7l7-783-2142 Rules and Procedural Requirements for Insurance Holding Company Systems 31 Pa. Code, Chapter 25 August 1997, as proposed Amend to be consistent with statutory amendments adopted in 1993 and to eliminate duplicative, unnecessary filing requirements. pursuant to Executive Order 1996-1 Arnold Braun 7l7-783-2142 Disclosure of Material Transactions
31 Pa. Code, Chapter 27August 1997, as final. Under section 320 of The Insurance Company Law of 1921 (40 P. S. '443), insurers transacting business in the Commonwealth are required to file financial statements with the Department on an annual basis, and the Department has the discretion to require additional statements as necessary. The proposed regulation requires domestic insurers to file interim statements of specific transactions which may have an effect on the financial condition of the company. The regulation is required for continued accreditation by the NAIC. Arnold Braun 7l7-783-2142 Assigned Risk Plan
31 Pa. Code, Chapter 33August 1997, as proposed. Amend pursuant to Executive Order 1996-1. Helfried LeBlanc 7l7-787-6117 Producer Licensing
31 Pa. Code, Chapters 37 and 39August 1997, as proposed. Amend 31 Pa. Code, Chapter 37, Agent Certificates of Qualification and Broker Licenses, consistent with statutory amendments in Act 72 of 1996, and amend Chapter 39 relating to continuing education for agents and brokers. Arnold Braun 717-783-2142 Fraternal Beneficial Societies/Administration and Reserves
31 Pa. Code, Chapter 43August 1997, as proposed. Repeal to eliminate outdated, unnecessary requirements relating to the reserves of beneficial societies. Arnold Braun 7l7-783-2142 Advertising of Insurance
31 Pa. Code, Chapter 51August 1997, as proposed. Amend pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Special Rules of Administrative Practice and Procedure
31 Pa. Code, Chapter 56August 1997, as proposed. Amend pursuant to Executive Order 1996-1. James Johnson 717-783-2126 Publication of Citations and Notice of Hearings
31 Pa. Code, Chapter 57August 1997, as proposed. Amend pursuant to Executive Order 1996-1. James Johnson 717-783-2126 Objections and Procedure for Hearings on Reports of Examination
31 Pa. Code, Chapter 58July 1997, as proposed. Repeal to eliminate outdated, unnecessary requirements consistent with the new examination law adopted in 1992 (40 P. S. '' 323.1--323.8) . Arnold Braun 7l7-783-2142 Cancellations and Refusal to Renew Homeowners Insurance
31 Pa. Code, Chapter 59July 1997, as proposed. Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1. Helfried LeBlanc 7l7-787-6174 Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies
31 Pa. Code, Chapter 61July 1997, as proposed. Modify regulation consistent with the statute (40 P. S. ''1008.1 et seq.). The regulations provide guidance to automobile insurers relating to cancellations and nonrenewals of certain automobile insurance policies, and the available administrative process to secure an administrative review of such terminations. Helfried LeBlanc 7l7-787-6174 Physical Damage Appraisers
31 Pa. Code, Chapter 62July 1997, as proposed. Amend pursuant to Executive Order 1996-1. Helfried LeBlanc 7l7-787-6174 Uninsured Motorist Coverage
31 Pa. Code, Chapter 63August 1997, as proposed. Amend pursuant to Executive Order 1996-1 and pending filing before the Department. Gregory Martino 7l7-783-5079 Private Passenger Automobile Policy Forms
31 Pa. Code, Chapter 64July 1997, as proposed. Repeal pursuant to Executive order 1996-1. Gregory Martino 7l7-783-5079 Charter Amendments
31 Pa. Code, Chapter 65 §§ 65.21--26July 1997, as proposed. Amend to eliminate outdated, unnecessary provisions relating to minimum capital and surplus requirements pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Motor Vehicle Financial Responsibility Law Consumer Protections Statement of Policy
31 Pa. Code, Chapter 68July 1997, as proposed. Repeal pursuant to Executive Order 1996-1. Helfried LeBlanc 7l7-787-6174 Catastrophic Loss Trust Fund
31 Pa. Code, Chapter 67July 1997, as proposed. Amend obsolete regulation for the automobile insurance Catastrophic Loss Trust Fund. The Fund was abolished and replaced with the Catastrophic Loss Benefits Continuation Fund. Ronald Gallagher 7l7-783-8093 Credit Insurance
31 Pa. Code, Chapters 71 and 73August 1997, as proposed. Delete Chapter 71 and amend Chapter 73. Because legislation passed in July 1994 expanded the Insurance Department's regulatory authority over credit unemployment insurance, the current credit insurance regulations will be expanded to include credit unemployment insurance. Additionally, the regulations will be revised to provide for less burdensome rating and rate deviation procedures, for new prima facie rates, and to incorporate and update numerous current credit insurance notices and guidelines. Gregory Martino 717-787-5079 Life Insurance Illustrations September 1997, as proposed. Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form. Gregory Martino 717-783-5079 Accident and Health
Insurance Regulation
31 Pa. Code, Chapter 89September 1997, as proposed. Changes will be promulgated regarding the deregulation of rates and forms filings for accident and health insurance, as a result of Act 159 of 1996. Changes will be made pursuant to the health care provisions of the Federal Health Insurance Portability and Accountability Act of 1996. Gregory Martino 7l7-783-5079 Medicare Supplement
Insurance Policies 31 Pa. Code, Chapter 89 §§ 89.721--89.769September 1997, as proposed. Amend pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Hospital Expenses Benefits; Separate Accounts; Medicare Fee Control; Various Individual Death/Life/Annuity Benefits 31 Pa. Code, Chapter 90a; 90c--90h September 1997, as proposed. Amend pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Bylaws for Mutual Fire Insurance Companies
31 Pa. code, Chapter 103July 1997, as proposed. Repeal to eliminate inaccurate, unnecessary provisions relating to bylaws of domestic assessable mutual fire insurance companies pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Cash Advances to Insurance
Companies 31 Pa. Code, Chapter 105September 1997, as proposed. Amend to reflect statutory amendments adopted in 1992 and 1995 and to eliminate outdated, unnecessary provisions relating to cash advancements to insurance companies pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Pennsylvania FAIR Plan
31 Pa. Code, Chapter 111October 1997, as final. Repeal pursuant to Executive Order 1996-1. Helfried LeBlanc 7l7-787-6174 Policies Covering Personal Property Pledged as Collateral
31 Pa. Code, Chapter 112September 1997, as proposed. Amend pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Certificates of Insurance
31 Pa. Code, §§ 113.31--31October 1997, as final. Repeal pursuant to Executive Order 1996-1. Helfried LeBlanc 717-787-6174 Mass Merchandising of Property and Casualty Insurance
31 Pa. Code, §§ 113.51--62October 1997, as final. Repeal pursuant to Executive Order 1996-1. Helfried LeBlanc 717-787-6174 Miscellaneous (Relating to Premium Rates and Payments)
31 Pa. Code, §§ 113.56--57November 1997, as proposed. Repeal pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Notice of Increase in Premium
31 Pa. Code, Chapter 113, §§ 113.81--87September 1997, as final. Amend current regulations to be consistent with 1995 amendments to Act 86 of 1986, which governs the termination of commercial property and casualty insurance policies. Act 10 of 1995 reduced the period for advance notice of increase in renewal premium from 60 to 30 days and eliminated the requirement that companies provide insureds with notice of estimated increases in premium. The proposed regulation reflects these statutory changes and clarifies various other provisions of Act 86 . Helfried LeBlanc 717-787-6174 Public Adjusters
31 Pa. Code, Chapter 115August 1997, as proposed. The regulation was initially promulgated to clarify the requirements of public adjuster contracts. The authorizing statute, Act 72, was amended in 1983 (63 P. S. ''1601--1608), and the Insurance Department seeks to modify Chapter 115 to be consistent with the revised statutory language. Additionally, three sections have been proposed for deletion since they mirror the Act. Helfried LeBlanc 7l7-787-6174 Discounting Workers' Compensation Loss Reserves/Medical Malpractice Loss Reserve
31 Pa. Code, Chapter 116, §§ 116.1--9 31 Pa. Code, Chapter 118. ''118.1--6September 1997, as proposed. Blend regulations on discounting of loss reserves into one regulation consistent with Executive Order 1996-1. Gregory Martino 7l7-783-5079 Anti-Arson Application
31 Pa. Code, Chapter 117October 1997, as final. Repeal pursuant to Executive Order 1996-1. Helfried LeBlanc 7l7-787-6174 Fees for Out of State Companies
31 Pa. Code, Chapter 121July 1997, as proposed. Repeal pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Surplus Lines 31 Pa. Code, Chapter 124 August 1997, as proposed. Repeal two current regulations, 31 Pa. Code, Chapters 35 and 123 and replace with one updated regulation relating to surplus lines insurance consistent with 1992 statutory amendments. Arnold Braun 7l7-783-2142 Title Insurance
31 Pa. Code, Chapter 125July 1997, as proposed. Amend pursuant to Executive Order 1996-1. Gregory Martino 7l7-787-5079 Management Contracts or Exclusive General Agency Agreements
31 Pa. Code, Chapter 127October 1997, as proposed. Amend to clarify the types of licensees to which the regulations apply, eliminate unnecessary filings and update provisions to reflect current requirements applicable to managers and exclusive general agents . Arnold Braun 7l7-783-2142 Deductible Program
31 Pa. Code, Chapter 131October 1997, as final. Repeal pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Preparation of Filing of Property and Casualty Forms for Approval
31 Pa. Code, Chapter 133August 1997, as proposed. Repeal pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Qualifications of Persons Signing Annual Financial Statements
31 Pa. Code, Chapter 135September 1997, as final. Repeal pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Miscellaneous (Unsafe Products, Consumer Affairs, Advertising
31 Pa. Code, Chapter 137September 1997, as final. Repeal pursuant to Executive Order 1996-1. Scott Schwartz 7l7-787-2567 Description of Reserves--Prohibited Phrases
31 Pa. Code, Chapter 139November 1997, as proposed. Amend pursuant to Executive Order 1996-1. Gregory Martino 7l7-783-5079 Unfair Insurance Practices; Unfair Claims Settlement Practices
31 Pa. Code, Chapter 146October 1997, as proposed. Amend pursuant to Executive Order 1996-1. Helfried LeBlanc 7l7-787-6174 Securities Held Under Custodial Agreements 31 Pa. Code, Chapter 148 November 1997, as proposed. Amend to eliminate unnecessary forms, add uniform requirements relating to custodial agreements and duties of custodians and update provisions relating to permissible custodians. Arnold Braun 7l7-783-2142 Continuing Care Providers
31 Pa. Code, Chapter 151October 1997, as proposed. Amend to be consistent with 1996 statutory amendments relating to the order of distribution of assets in insolvencies and to provide for the voluntary surrender of a certificate of authority. Arnold Braun 7l7-783-2142 Liability Risk Retention Groups
31 Pa. Code, Chapter 153August 1997, as proposed. Repeal pursuant to Executive Order 1996-1. Arnold Braun 7l7-783-2142 Medical Professional Catastrophe Loss Fund
31 Pa. Code, Chapters 242--245October 1997, as proposed. Act 135 of 1996 reforms the Medical Professional Liability Catastrophe Loss Fund (Fund) by raising primary coverage limits for health care providers to $300,000. The statute also changes the formula used to assess providers' Fund coverage from a premium based method to one fixed on filed Joint Underwriting Association rates. The Insurance Department will amend its regulations consistent with the statute. Gregory Martino 7l7-783-5079 Health Maintenance Organizations
31 Pa Code, Chapters 301--303November 1997, as proposed. Amend pursuant to Executive order 1996-1. Gregory Martino 7l7-783-5079 Underground Storage Tank Indemnification Fund--Claims Regulation
25 Pa. Code, Chapter 977October 1997, as proposed. Requires underground storage tank owners be in compliance with certain leak detection standards in order to obtain claims coverage from the Underground Storage Tank Indemnification Fund. The proposed regulation establishes requirements for owners to file such claims. Ronald Gallagher 717-783-8093 Underground Storage Tank Indemnification Fund--Fee Regulation
25 Pa. Code, Chapter 971August 1997, as final. Amend the existing fee regulation for the Underground Storage Tank Indemnification Fund (USTIF) to comport with the USTIF Board's decision to reduce fees of the USTIF. Ronald Gallagher 7l7-783-8093 LABOR AND INDUSTRY Unemployment--Subchapter E: Retirement Pensions & Annuities
34 Pa. Code §§ 65.101 through 107December 1997, as proposed. The proposed rulemaking will bring the pension and annuities section of the unemployment compensation regulations into conformity with USDOL's interpretation of the Federal Unemployment Tax Act, 26 U.S.C. § 3301, et seq. In order to avoid a conformity dispute with USDOL, which could have serious repercussions for the State, the Department of Labor and Industry has agreed to remove the nondeductibility of these payments from the regulations. Pete Cope
(717) 787-3547Workers' Compensation Judges and Workers' Compensation Appeal Board
34 Pa. Code Chapters 131 and 111December 1997, draft. Approval in 1998 for Judges. Draft for WCAB in 1998. These rules have not been updated in many years; they need to reflect the changes in the law and practice of workers' compensation. Draft (tentatively) to be prepared by December 1997, but not into approval process until 1998 for Judges Rules. Workers' Compensation Appeal Board, draft tentatively in 1998. Thomas J. Kuzma
(717) 783-4467Act 57--Workers' Compensation Reform--Regulations
December 1997, as proposed. The regulations effectuate the provisions of Act 57. The amendments were intended to curtail the escalating costs associated with work-related injuries in terms of workers' compensation insurance premiums and litigation costs, while preserving the rights of injured workers to be adequately compensated for their work-related injuries. The regulations safeguard the rights of parties and ensure the uniform application of the provisions of Act 57. Len Negley
(717) 772-1917Work-place Safety Committee Certification; Evaluation of Accident/Illness Prevention Services & Programs of Insurers and Self-insureds; Qualifications of Accident/Illness Prevention Service Providers 34 Pa. Code Chapter 129 December, 1997, as final. The rulemaking implements the health and safety provisions of Article X of the Workers' Compensation Act. The proposed rulemaking specifies the safety committee certification application and renewal processes and establishes the necessary program components and evaluation criteria for accident and illness prevention programs maintained or provided by licensed insurers and self-insured employers. In addition, the regulation ensures the uniform application of the provisions of Article X. Group Self Insurance Funds
34 Pa. Code Chapter 125December 1997, as final. These regulations will bring Chapter 125 into compliance with certain amendments (Sections 30582, 802 (b)(11), 819) which resulted from Act 57. George Knehr (717) 783-4476 Unemployment Compensation Telephone Hearings
34 Pa. Code, Part VI, Chapter 101December 1997, as final. The former regulations governing hearings conducted via telephone sunsetted on April 8, 1994, although telephone hearings continue to be conducted with the consent of all parties. The Commonwealth Court held in Knisley v. Unemployment Compensation Board of Review, 93 Pa. Cmwlth. 519, 501 A.2d 1180 (1985), that absent promulgated regulations which safeguard the minimum due process rights of parties and also ensure that all hearings are conducted uniformly, evidence obtained via telephone, if properly objected to, will be stricken from the record. Carol A. Shaffner (717) 787-5122 Elevators and Lifting Devices --New regulation December 1997, as proposed. The new regulation will amend the current standards to include ANSI/ASME A17.1, B20.1 and other national consensus standards. There is a need to update standards to bring them in line with national standards. Regulation is pending approval of Statewide Building Code Legislation. James Varhola (717) 787-3329 Underground Storage Facilities --New regulation December 1997, as proposed. This regulation will address requirements for natural or man-made caverns used for LPG storage. Drafting of proposed regulations were put on hold pending the outcome of the statewide Building Code Legislation. James Varhola (717) 787-3329 Dry Cleaning--New regulations December 1997, as proposed. ''Dry Cleaning Law,'' Act of December 19, 1990, P. L. 1387, No. 214, 35 P. S. § 1270.1 et seq. This regulation is to regulate the construction, operation and maintenance of dry cleaning plants. Drafting of proposed regulation was put on hold pending the outcome of the statewide Building Code Legislation. Edward Leister (717) 777-3323 Lead-Based Paint Occupations Accreditation and Certification --New regulations December 1997, as proposed. Act of July 6, 1995, P. L. 291, No. 44, 35 P. S. § 5901, et seq. This regulation sets up the Department's lead-based paint accreditation of training providers and the worker certification program. It is based on the Environmental Protection Agency's model plan. Sharon Lawson (717) 782-3396 Asbestos Occupations Accreditation and Certification --New regulations December 1997, as proposed. Act of December 19, 1990, P. L. 05, No. 194, 63 P. S. §§ 2101--2112. This regulation established the Department's worker certification and training provider accreditation program. It also sets up training course requirements. It is based on the Environmental Protection Agency's model plan. Sharon Lawson (717) 782-3396 MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND Payment and Collection of Fund Surcharge 31 Pa Code §§ 242.1 et. seq. August 1997, as proposed. This regulations will further clarify the basis upon which the Medical Professional Liability Catastrophe Loss Fund's surcharge is to be paid. The regulation will be consistent with the statute as it relates to the procedure for levying, payment and collection of the surcharge, and the date on which it is to be remitted to the Fund. Statutory authority 40 P. S.§§ 1301.701 et.seq. Arthur McNulty 717-783-3770 MILITARY AND VETERANS AFFAIRS
State Veterans Home 43 Pa.Code Section 7.1 et. seq. October 1997, as proposed. This regulation is necessary to update current regulations, make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7. Robert P. Daday 717-861-8503 PROBATION AND PAROLE
Definitions
37 Pa. Code Chapter 61No publication anticipated in the next six months. Adds two terms to the definition section to further clarify what the Board means by ''application'' for parole and ''residence.'' Doris Shappell 717-772-0260 Application Process
37 Pa. Code Chapter 63No publication anticipated in the next six months. Expands the subsection dealing with parole applications to provide for a formal application process, including an official form. Doris Shappell 717-772-0260 Reporting Requirements
37 Pa. Code Chapter 63No publication anticipated in the next six months. Changes the reporting requirement from within 48 hours to 24 hours from the time of release. Makes changes to standard conditions of parole. Doris Shappell 717-772-0260 Firearms
37 Pa. Code Chapter 69No publication anticipated in the next six months. Repeals the section. Doris Shappell 717-772-0260 Conviction for a New Criminal Offense
37 Pa. Code Chapter 71No publication anticipated in the next six months. Changes language governing time period for holding revocation hearing in order to mirror recent court decisions. Doris Shappell 717-772-0260 Presumptive Ranges for Parole Violations
37 Pa. Code Chapter 75No publication anticipated in the next six months. Repeal the chapter or revise the current presumptive ranges listed for new criminal offenses and technical parole violations. Doris Shappell 717-772-0260 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
Change in Benefit Payment Plan 22 Pa. Code § 213.45 July 1997, as final. Under the current regulations, a benefit payment plan becomes irrevocable upon filing of the application for annuity. The member, however, does not receive a final audit of the retirement account until after the application has been filed and benefits have commenced. The proposed regulation seeks to correct the unfairness of having the member make irrevocable retirement elections before receiving final account information by making the benefit payment plan irrevocable only after the required account audit is performed. The regulations are promulgated under the authority of the Public School Employees' Retirement Code (Act of October 2, 1 975, P. L. 298, No. 96, as amended), 24 Pa.C.S. §§ 8101--8535. Frank Ryder (717) 720-4733 PUBLIC WELFARE
Subsidized child day care July 1997, as proposed This proposed regulation will indicate the changes being made to implement an integrated child care system as required by the Federal Child Care and Development Block Grant. The proposed regulation includes requirements for families eligible for the subsidized day care program and the option for families to select in-home care. Tom Vracarich (717) 783-2209 Child Protective Services Law December 1997, as proposed This regulation incorporates the amendments to the child protective services law as a result of Act 151 of 1994 and Act 10 (Special Services No. 1) of 1995. The major changes are: provisions for investigating reports of suspected sexual abuse or exploitation or serious bodily injury by a school employee against a student; screening applicants for employment in schools against childline files to determine whether or not their names are on file as an abuser; and reports of neglect. Tom Vracarich (717) 783-2209
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