NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[28 Pa.B. 2189] The Independent Regulatory Review Commission met publicly at 11:30 a.m., Thursday, April 23, 1998, and took the following actions:
Regulations Approved:
#1704 Insurance Department #11-132: Disclosure of Material Transactions (amends 31 Pa. Code by adding Chapter 27).
#1834 Environmental Quality Board #7-316: Mine Subsidence Control, Subsidence Damage Repair and Water Supply Replacement (amends 25 Pa. Code Chapter 89).
#1848 Department of Health #10-148: Health Facility Licensure (amends 28 Pa. Code Chapter 139 and adds new Chapters 51, 136, 138 and 158).
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Robert J. Harbison, III; Arthur Coccodrilli
Public Meeting held
April 23, 1998Insurance Department--Disclosure of Material Transactions; Doc. No. 11-132
Order On February 8, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking would amend 31 Pa. Code by adding Chapter 27. The authority for this regulation is section 320 of the Insurance Company Law of 1921 (40 P. S. § 443). The proposed regulation was published in the February 24, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 24, 1998.
The Department is adding Chapter 27 to 31 Pa. Code to require domestic insurers to file interim statements of specific transactions that may affect an insurer's financial condition. The filings required by the regulation are informational in nature and serve as an early warning to the Department that they should scrutinize a particular insurer more closely between annual financial statement filings. The National Association of Insurance Commissioners (NAIC) has standards for states to follow in the regulation of the insurance industry for NAIC accreditation. This proposed rulemaking generally follows NAIC model language.
We have reviewed this regulation and find it to be in the public interest. The Department has experienced situations where reporting of these transactions would have provided an early warning that an insurer was approaching insolvency. By requiring this disclosure, the Department will be better able to monitor solvency and protect Pennsylvania policyholders' interests.
Therefore, It Is Ordered That:
1. Regulation No. 11-132 from the Insurance Department, as submitted to the Commission on March 24, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III
Public Meeting held
April 23, 1998Environmental Quality Board--Mine Subsidence Control, Subsidence Damage Repair and Water Supply Replacement; Doc. No. 7-316
Order On April 21, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 89 relating to underground bituminous coal mining. The authority for this regulation is the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). The proposed regulation was published in the May 10, 1997 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on March 23, 1998.
Act 54 required underground mine operators to replace water supplies, repair or provide compensation for subsidence damage to a wider range of structures, and prevent imminent hazards to human safety. Act 54 also eliminated the right to coal support previously available to owners of pre-1966 dwellings and to cemeteries, and the surface owner's right to purchase coal support necessary to prevent damage to buildings.
We have reviewed this regulation and find it to be in the public interest. The proposal will bring Chapter 89 into conformance with changes to Pennsylvania law instituted through Act 54 of 1994. It is also intended to meet primacy requirements under Federal Office of Surface Mining regulations.
Therefore, It Is Ordered That:
1. Regulation No. 7-316 from the Environmental Quality Board, as submitted to the Commission on March 24, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli, Dissenting; Robert J. Harbison, III
Public Meeting held
April 23, 1998Department of Health--Health Facility Licensure; Doc. No. 10-148
Order On May 21, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapter 139 and adds new Chapters 51, 136, 138 and 158. The authority for this regulation is section 801.1 of the Health Care Facilities Act (35 P. S. § 448.801a). The proposed regulation was published in the May 31, 1997 edition of the Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 22, 1998. The Commission disapproved the initial final-form regulation on February 13, 1998. The Department submitted a revised final-form regulation on March 30, 1998.
The Department is amending its regulations to provide quality assurance standards for specific services provided by hospitals. The regulation is necessary because the Certificate of Need (CON) Program sunsetted in December of 1996. Unlike the CON process, the Department of Health will not be reviewing the need for a specific health service in a particular area. Instead, the Department will be reviewing quality assurance standards in the provision of services.
The Commission disapproved the initial final-form regulation for two reasons. First, we believed the definition of pediatric heart surgery was too vague. Second, we were concerned that the staffing requirements in the cardiac catheterization lab may prohibit the use of cardiovascular technicians currently on staff.
The Department revised the definition of pediatric heart surgery to allow individuals 18 years or younger to be treated in an adult program if the attending physician determines it is safe and appropriate to do so. The Department also made revisions to the staffing requirements for the cardiac catheterization lab to allow an RN or other personnel with appropriate education, training and experience to assist the physician in performing cardiac catheterization procedures.
We have reviewed this regulation and find it to be in the public interest. The Department has adequately addressed our previous concerns with the initial final-form regulation. The regulation will establish necessary licensure standards for hospitals to provide quality patient care.
Therefore, It Is Ordered That:
1. Regulation No. 10-148 from the Department of Health, as resubmitted to the Commission on March 30, 1998, is approved;
2. The Commission's bar to final publication of Regulation No. 6-255 issued under section 6(b) of the Regulatory Review Act (71 P. S. § 745.6(b)) is hereby rescinded; and
3. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 98-741. Filed for public inspection May 8, 1998, 9:00 a.m.]
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