[28 Pa.B. 3127]
[Continued from previous Web Page]
Regulation Being Considered Proposed Date Need and Legal Basis for Action Agency for Promulgation Contact Workers' Compensation Assessment Regulations July 1998, as proposed. These regulations are required to define new assessments on employers as specified in Act 57 of 1997. Thomas J. Kuzma
(717) 783-4467Underground Storage Facilities January 1999, as proposed. This regulation will address requirements for natural or man-made caverns used for LPG storage. James Varhola (717) 787-3329 Dry Cleaning October 1998, 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. Edward Leister (717) 787-3323 Personal Care Homes Housing Immobile Residents
34 Pa. Code Chapters 49, 55 & 56.October 1998, as proposed. The regulation is a result of the Act of December 21, 1988, P. L. 1883, No. 185, which permitted the housing of immobile persons in personal care homes. The current Fire and Panic Regulations for personal care homes require personal care home occupants to be both physically and mentally capable of taking appropriate measures for self preservation with minimal supervision in the event of a fire. They are not designed to provide a fire safe environment for immobile persons. The proposed regulations will require the installation of an automatic sprinkler system in personal care homes which house immobile residents. Edward L. Leister,
(717) 787-3323Asbestos Occupations Accreditation and Certification June 1998, 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) 772-3396 MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND
Payment and Collection of Fund Surcharge
31 PA.Code §§ 242.1 et. seq.January 1999, as proposed. This regulation 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 1999, 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. Eclemus Wright, Jr.
717-861-8503PARDONS
No regulations being developed or considered at this date. PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM 16 Pa. Code Chapters 81, 83, 85, 87 and 91 No publication anticipated in next six months These regulations are in the process of review as a result of Executive Order 1996-1. James B. Allen
(717) 787-2065PROBATION AND PAROLE Definitions
37 PA. Code, Chapter 61.1September 1998, as proposed. Definitions amended pursuant to Executive Order 1996-1 and to conform to statutory changes. Vicki Wilken 717-787-6208 Confidentiality of records
37 Pa. Code, Chapter 61.2September 1998, as proposed. Amend pursuant to Executive Order 1996-1. Vicki Wilken 717-787-6208 37 Pa. Code Chapter 63.1, 63.2 and 63.3 September 1998, as proposed. Amend pursuant to Executive Order 1996-1 and to update terms to conform to statutory changes.. Vicki Wilken 717-787-6208 General conditions of parole
37 PA. Code, Chapter 63.4September 1998, as proposed. Amend pursuant to Executive Order 1996-1 and to conform to statutory changes. Vicki Wilken 717-787-6208 Special conditions of parole
37 Pa. Code, Chapter 63.5September 1998, as proposed. Amend pursuant to Executive Order 1996-1 and to conform to statutory changes. Vicki Wilken 717-787-6208 General conditions of special probation or parole
37 Pa. Code, Chapter 65.4September 1998, as proposed. These regulations are being reviewed pursuant to Executive Order 1996-1. Vicki Wilken 717-787-6208 37 Pa. Code Chapter 65.5, 65.6, 65.7, 67.1, 67.2 and 67.3 September 1998, as proposed. Amend pursuant to Executive Order 1996-1 and to update terms to conform to statutory changes. Vicki Wilken 717-787-6208 General
37 Pa. Code, Chapter 69.1September 1998, as proposed. Amend pursuant to Executive Order 1996-1. Vicki Wilken 717-787-6208 37 Pa. Code Chapter 69.2 and 69.3 September 1998, as proposed. Repeal pursuant to Executive Order 1996-1. Vicki Wilken 717-787-6208 37 Pa. Code Chapter 71.1, 71.2, 71.3, 71.4, 71.5, 73.1, 75.1, 75.2 and 75.3 September 1998, as proposed. Amend pursuant to Executive Order 1996-1 and to update terms to conform to statutory changes. Vicki Wilken 717-787-6208 Presumptive ranges for technical parole violators.
37 Pa. Code, Chapter 75.4September 1998, as proposed. Amend pursuant to Executive Order 1996-1 and to conform to statutory changes. Vicki Wilken 717-787-6208 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM Change in Benefit Payment Plan 22
Pa. Code § 213.45June 1998, 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, 1975, P. L. 298, No. 96, as amended), 24 Pa.C.S. §§ 8101-8535. Frank Ryder (717) 720-4733 PUBLIC WELFARE
Subsidized child day care September 1998, as final The final regulation will provide policy changes needed to implement an integrated child care system as required by the Federal Child Care and Development Block Grant. The final regulation includes the requirements for a family to be eligible for the subsidized child care program and the benefit available through the subsidized child care system. Tom Vracarich
(717) 783-2209Child Protective Services Law November 1998, as final 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) 783-2209Child Residential and Day Treatment Facility January 1999, as final This regulation consolidates eight chapters of existing chapters, or portions of chapters, into one chapter of health and safety protections. The regulations address contemporary changes in the fields of residential care and day treatment. The emphasis is on protecting the health, safety and well-being of children served. The Department's legal basis for the regulations is Article IX and X of the Public Welfare Code, Act of June 13, 1967 (P. L. 31, No. 21) (62 P. S. § 901--922 and 1001 and 1080). Tom Vracarich
(717) 783-2209Medical assistance estate recovery September 1998, as proposed 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 (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) 783-2209Disclosure of social security number December 1998, as final This regulation incorporates federal requirements that applicants for and recipients of benefits administered by the Department of Public Welfare be 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. June 1999, 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 March 1999, as final 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 June 1998, as final omitted This regulation codifies the provision that the VA aid and attendance benefit received by an MA recipient in a nursing facility is not counted as income when determining the amount of income an individual is 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 November 1998, as final This regulation eliminates the allocation of emergency assistance for housing under the cash grant line. Funding 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 October 1998, 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. 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) 783-2209Workfare/Community Service January 1999, 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. 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 August 1998, 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 transitionally needy component of general assistance program August 1998, 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) 783-2209Act 1996-35--General eligibility changes August 1998, 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 period of residency; imposing ineligibility periods based on welfare fraud convictions; limiting Medically Needy Only/Medical Assistance (''MNO/MA'') eligibility to certain groups; and revising the methodology used to determine eligibility for retroactive MNO/MA. 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 June 1999, 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. 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 July 1998, 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) 783-2209Real property liens October 1998, 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. In addition, the regulation would address other policy issues and a general restructure of the existing chapter. 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 September 1998, 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--Provisions Effective March 3, 1997 August 1998, 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. 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 April 1999, as final 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) 783-2209Medical support rights June 1999, 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. 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 October 1999, 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 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. 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) 783-2209Intentional Program Violations November 1998, 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 be subject to an immediate disqualification penalty regardless of the individual's current eligibility status for benefits. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client groups. Tom Vracarich
(717) 783-2209Early and Periodic Screening Diagnosis Treatment (EPSDT) July 1999, 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 December 1998, 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 1999, 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) 783-2209General Assistance Restructure --Act 1994-49 December 1998, 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. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich
(717) 783-2209Prior authorization December 1998, as final omitted This final regulation adds a prior authorization requirement for home health services, psychiatric partial hospitalization and multisource brand name drugs identified by the department as having equivalent generic drug products available for substitution. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich
(717) 783-2209Discontinue coverage-- infertility December 1998, as final omitted This final regulation codifies Act 1994-49 provisions that discontinues payment for all drugs, devices, products, services and procedures that are used or related to treating infertility, including surrogacy services, effective September 1, 1994. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich
(717) 783-2209Residential Treatment Facilities (RTF) for mental health services May 1999, 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. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich
(717) 783-2209Pharmaceutical services drug coverage December 1998, 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). This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich
(717) 783-2209$150 deductible for General Assistance recipients December 1998, 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. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich
(717) 783-2209Minimum Data Set December 1998, as final omitted This final regulation replaces the Department's current minimum data set forth for long term care providers. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich
(717) 783-2209
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
