[27 Pa.B. 630]
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Regulation Being Considered Proposed Date Need and Legal Basis for Action Agency for Promulgation Contact Surplus Lines
31 Pa. Code Chapter 124June 1997, as proposed. Repeal of obsolete regulations relating to surplus lines insurance (Chapters 35 and 123), and replacement with a new regulation consistent with the current surplus lines law enacted in 1992 (Act 178). Arnold Braun 7l7-783-2142 Qualifications of Persons Signing Annual Financial Statements
31 Pa. Code Chapter 135, §§ 135.1-2Summer 1997, as proposed. Proposed for repeal pursuant to Executive Order 1996.1. Arnold Braun 7l7-783-2142. LABOR AND INDUSTRY
Unemployment--Subchapter E: Retirement Pensions & Annuities
34 Pa. Code §§ 65.101 through 107December 1997, as proposed. The primary purpose of the proposed rulemaking is to 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, as proposed. These rules have not been updated in many years; they need to reflect the changes in the law and practice of workers' compensation. Thomas J. Kuzma
(717) 783-4467Work-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 129December 1997, as proposed. Implementation of Article X of Act 44 Len Negley
(717) 772-1917Group Self Insurance Funds
34 Pa. Code Chapter 125April 1997, as proposed. 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) 783-4476Unemployment Compensation Telephone Hearings
34 Pa. Code, Part VI, Chapter 101June 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) 787-5122Elevators and Lifting Devices--New regulation
March 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. James Varhola
(717) 787-3329Underground Storage Facilities--New regulation
June 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) 787-3329Dry Cleaning--New regulations June 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) 777-3323Lead-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) 782-3396Asbestos 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) 782-3396MEDICAL 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.July 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 § 213.45February 1997, as proposed. 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) 720-4733PUBLIC WELFARE
Subsidized child day care July 1997, as final This regulation adds in-home care as a child care service option to a family eligible for the subsidized child day care program. This amendment is mandated by the child care and development block grant (CCDBG) and the at-risk block grant and applies to all subsidized day care funding sources. Tom Vracarich
(717) 783-2209Subsidized child day care May 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. Tom Vracarich
(717) 783-2209Child protective services law June 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) 783-2209Medical assistance estate recovery June 1997, as proposed. This regulation will codify the department's collection practices to recover correctly paid ma from the estates of certain deceased recipients age 55 or older who receive Medical Assistance for nursing facility care (includes Intermediate Care Facilities/Mental Retardation and Intermediate Care Facilities/Other Related Conditions), home and community based services, and related hospital prescription drug services. Changes effective August 15, 1994 and are the result of OBRA' 93 and Act 1994-49. Tom Vracarich
(717) 783-2209OBRA 90: Supplemental Security Income-related MA income/resource No publication anticipated in next six months This final omitted regulation codifies seven changes resulting from OBRA 90 that effect the SSI program and therefore the SSI-related program in the areas of income and resources. OBRA 90 also provides a mandatory change to the posteligibility requirements for institutionalized MA eligibles who will have their VA pension reduced to $90 but that will now not be counted in determining cost of care. Thus, SSI and MA recipients will be positively impacted. The reduction that veterans will contribute toward cost of care will increase federal/state costs but will not affect service delivery. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Disclosure of social security number July 1997, as proposed. This regulation incorporates federal requirements that applicants for and recipients of benefits administered by the Department of Public Welfare are required to disclose or apply for a social security number as a condition of eligibility. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Continuation of Medical Assistance throughout pregnancy. September 1997, as final omitted. 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Lump sum payments July 1997, as proposed. This proposed regulation will require that any balance remaining of a lump sum that has been treated as income in the calendar month of receipt for the Medical Assistance eligibility determination is treated as a resource in subsequent months. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Veterans Affairs Aid and Attendance July 1997, as final omitted. This regulation codifies the provision that the VA aid and attendance benefit received by a MA recipient in a nursing facility are not counted as income when determining the amount of income they are expected to pay toward the cost of care. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Emergency Assistance Program July 1997, as final omitted. This regulation eliminates the provision of emergency assistance for housing under the TANF block grant. Funding previously used for this purpose will be transferred to the Office of Social Programs. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Exclusion of Resources-Medical Assistance children September 1997, 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 and general assistance (GA) related persons under 21 years of age and for TANF-related and GA-related families with children under 21 years of age. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Community work experience program (CWEP) March 1997, as final. These final regulations revise the community work experience program to incorporate requirements of the federal jobs program. The revisions clarify who may be assigned and the priority and factors to be considered in making community work experience program assignments, define responsibilities of county assistance offices and project operators regarding participation expenses and program requirements, and provide for grievance rights for cwep recipients and regular employees. Provisions of Act 1995-20 will also be incorporated into this regulation package. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209General Assistance Restructure--Act 1994-49 June 1997, as final omitted. This regulation incorporates provisions of Act 1994-49 including acceptance of written verification of medical disability for chronically needy non-financial eligibility determination; 60-day residency requirement; savings designated for educational purposes; and certain medical services which are no longer compensable expenses. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Elimination of PACE requirement May 1997, as final omitted. This regulation codifies the elimination of the income deduction for the PACE program as required by Title XIX. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Change in guardian income deduction No publication anticipated in next six months. This regulation provides for a limited income deduction for court-ordered guardian and other fiduciary fees in the Medical Assistance posteligibility determination process for institutionalized patients. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Organ transplants No publication anticipated in next six months. This regulation codifies an OBRA '93 requirement that organ transplants are not considered an emergency medical service. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Minor parent June 1997, as final omitted. This regulation incorporates Act 1995-20 revisions to the Temporary Assistance for Needy Families and General Assistance general eligibility requirements by adding a condition that, to receive cash assistance, certain minor parents who are applicants or recipients and the dependent children in the minor parent's care, must reside in the home of a parent, legal guardian, other adult relative, or in an adult-supervised supportive living arrangement, unless one of several exceptions is met. Act 35 expanded this provision to include the TANF-related category of categorically needy- nonmoney payment medical assistance. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Elimination of transitionally needy component of general assistance program June 1997, as final omitted. This regulation codifies the elimination of cash assistance payments to persons in the GA-Transitional Needy (''TN'') category. References to both the TN and chronically needy (CN) components are deleted since there is no longer a need to differentiate between GA program requirements. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Real property liens August 1997, 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Criminal history June 1997, as final omitted. 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Act 1996-35--General eligibility changes June 1997, as final omitted. This regulation codifies statutory changes to eligibility conditions for General Assistance benefits, including the following: expanding the eligibility determination period to 30 days; establishing a 12-month period of residency; imposing ineligibility periods based on welfare fraud convictions; limiting Medically Needy Only/Medical Assistance (''MNO/MA'') eligibility to certain groups; revising the methodology used to determine eligibility for retroactive MNO/MA; and imposing a 90-day residency requirement. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Act 1996-35--Provisions Effective 10-1-96 or upon approval of federal Waiver. June 1997, as final omitted. This regulation incorporates provisions including establishing RESET; requiring applicants and recipients to enter into an agreement of mutual responsibility with the department; and establishing a two-tier benefit level based on residency. Act 1996-35 provisions applicable to the TANF program may not be implemented until federal approval is received. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Act 1996-35--Child Support Cooperation June 1997, as final omitted. This regulation codifies provisions to further define Title IV-D cooperation requirements and procedures for TANF, General Assistance, and Medical Assistance applicants/recipients. Provisions require federal waiver. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Act 1996-35--Community Service March 1997, as proposed. This proposed regulation would provide that a person who verifies they are actively engaged in volunteer community services for 100 hours per month can qualify for MNO-MA benefits if otherwise eligible. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Veterans Affairs pension to surviving spouse in a nursing facility No publication anticipated in next six months. This regulation codifies the exclusion of the aid and attendance benefits of a reduced Veterans Affairs pension to veterans and to the surviving spouses of veterans similarly situated, having no dependents and in a medicaid-funded nursing facility. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Medical support rights August 1997, as final omitted. 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Annuity rule April 1997, as final omitted. 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 or comunity spouse 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich
(717) 783-2209Early and Periodic Screening Diagnosis Treatment (EPSDT) July 1997, 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. This regulation will be reviewed by the medical assistance advisory committee (MAAC) which includes representatives of professional provider associations, providers, the health law project, the welfare rights organization, consumers, and client advocacy groups. Tom Vracarich
(717) 783-2209Clozapine support services May 1997, as final omitted. This regulation codifies coverage for psychiatrists, outpatient psychiatric clinics and psychiatric partial hospital facilities for support services provided to MA recipients receiving clozapine. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich
(717) 783-2209Medical Assistance case management services May 1997, 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. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich
(717) 783-2209
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