[28 Pa.B. 700]
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Regulation Being Proposed Date Agency Considered for Promulgation Need and Legal Basis for Action Contact INSURANCE Operating Expense Classifications
31 Pa. Code, Chapters 1, 5, 7 and 9January 1998, as final. Repeal obsolete, unnecessary regulations. The Insurance Commissioner has determined that the form, instructions and manuals prescribed by the National Association of Insurance Commissioners (NAIC) sufficiently address the classification of the types of expenses covered in the regulations. Therefore, the regulations are outdated and redundant to the NAIC guidelines and are no longer needed. Peter J. Salvatore 717-787-4429 Allocation of Joint Expenses
31 Pa. Code, Chapter 3July 1999, as proposed. Amend to be consistent with current NAIC accounting instructions and to expand the scope of the regulations to include life and health insurers in holding company systems . Peter J. Salvatore 717-787-4429 Miscellaneous (Relating to Uniform Classification of Expenses)
31 Pa. Code, Chapter 11July 1999, 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 Repeal § 11.2 and 11.5-7 to eliminate outdated unnecessary regulations and amend § 11.4 to clarify current NAIC accounting instructions for electronic data processing expenses. Peter J. Salvatore 717-787-4429 Costs of Examinations (EDP Expenses)
31 Pa. Code, Chapter 12July 1999, as proposed. Amend to clarify the various types of costs incurred in the conduct of department examinations. Peter J. Salvatore 717-787-4429 Stock Ownership Statements
31 Pa. Code, Chapter 21July 1999, as proposed. Amend to update requirements relating to Stock Ownership Statements consistent with NAIC model language. Peter J. Salvatore 717-787-4429 Proxies, Consents and Authorizations
31 Pa. Code, Chapter 23July 1999, as proposed. Amend to update requirements relating to Proxies, Consents and Authorizations consistent with NAIC model language. Peter J. Salvatore 717-787-4429 Acquisitions of Capital Stock (Insurance Company Holding Law)
31 Pa. Code, Chapter 25August 1998, as proposed. Amend to be consistent with 1993 amendments to the authorizing statute and to eliminate unnecessary filing requirements Peter J. Salvatore 717-787-4429 Disclosure of Material Transactions
31 Pa. Code, Chapter 27March 1998, as final. Under § 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. Peter J. Salvatore 717-787-4429 Advances to Mutual, Stock and Life Companies January 1999, as proposed. New regulation to address surplus notes issued by mutual stock and life companies consistent with authorizing statute adopted in 1992. Peter J. Salvatore 717-787-4429 Assigned Risk Plan
31 Pa. Code, Chapter 33May 1998, as proposed. Amend regulation to be consistent with Pennsylvania Assigned Risk Plan Peter J. Salvatore 717-787-4429 Producer Licensing
31 Pa. Code, Chapter 37April 1998, 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 40 of 1997. Peter J. Salvatore 717-787-4429 Producer Licensing
31 Pa. Code, Chapter 38April 1998, as proposed. Amend Statement of Policy regarding procedures for National and State Chartered Banks to sell insurance and annuities. Peter J. Salvatore 717-787-4429 Producer Licensing
31 Pa. Code, Chapter 39April 1998, as proposed. Amend Chapter 39 relating to continuing education for agents and brokers consistent with statutory amendments in Act 72 of 1996. Peter J. Salvatore 717-787-4429 Fraternal Benefits Societies Administration
31 Pa. Code, Chapter 41March 1998, as final. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Reserves of Beneficial Societies
31 Pa. Code, Chapter 43December 1998, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Advertising of Insurance
31 Pa. Code, Chapter 51May 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Special Rules of Administrative Practice and Procedure
31 Pa. Code, Chapter 56March 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Publication of Citations and Notice of Hearings
31 Pa. Code, Chapter 57March 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Objections and Procedure for Hearings on Reports of Examination
31 Pa. Code, Chapter 58July 1999, as proposed. Repeal to eliminate outdated, unnecessary requirements consistent with the new examination law adopted in 1992 (40 P. S. §§ 323.1 - 323.8) . Peter J. Salvatore 717-787-4429 Cancellations and Refusal to Renew Homeowners Insurance
31 Pa. Code, Chapter 59May 1999, as proposed. Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies
31 Pa. Code, Chapter 61July 1998, 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. Peter J. Salvatore 717-787-4429 Physical Damage Appraisers
31 Pa. Code, Chapter 62July 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Uninsured Motorist Coverage
31 Pa. Code, Chapter 63August 1999, as proposed. Amend pursuant to Executive Order 1996-1 and pending filing before the Department. Peter J. Salvatore 717-787-4429 Private Passenger Automobile Policy Forms
31 Pa. Code, Chapter 64July 1998, as proposed. Repeal pursuant to Executive order 1996-1. Peter J. Salvatore 717-787-4429 Charter Amendments
31 Pa. Code, Chapter 65''65.21-26July 1999, as proposed. Amend to eliminate outdated, unnecessary provisions relating to minimum capital and surplus requirements pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Collision Loss Settlements
31 Pa. Code, Chapter 65, §§ 65.11-14March 1998, as final. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Catastrophic Loss Trust Fund
31 Pa. Code, Chapter 67, §§ 67.1-16July 1999, as final. Amend obsolete regulation for the automobile insurance Catastrophic Loss Trust Fund. The Fund was abolished and replaced with the Catastrophic Loss Benefits Continuation Fund. Peter J. Salvatore 717-787-4429 Motor Vehicle Financial Responsibility Law - Evidence of Financial Responsibility
31 Pa. Code, Chapter 67, §§ 67.21-28June of 1998, as final. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Motor Vehicle Financial Responsibility Law Consumer Protections Statement of Policy
31 Pa. Code, Chapter 68June 1999, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Credit Insurance
31 Pa. Code, Chapters 71 and 73February 1998, as final. 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. Peter J. Salvatore 717-787-4429 Life Insurance Illustrations September 1998, 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. Peter J. Salvatore 717-787-4429 Replace Life Insurance Annuities
31 Pa. Code, Chapter 81, §§ 81.1-9July 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Variable Life Insurance
31 Pa. Code, Chapter 82, §§ 82.1-91September 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Disclosure in Solicitation of Life Insurance
31 Pa. Code, Chapter 83, §§ 83.1-57July 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Mortality Tables Used in Determining Nonforfeiture Standards
31 Pa. Code, Chapter 84, §§ 84.1-6May 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Minimum Reserve Standards
31 Pa. Code, Chapter 84a., §§ 84a.1-8July 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Actuarial Opinion & Accumulation Contracts
31 Pa. Code, Chapter 84b., §§ 84b.1-11September 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Variable Annuity & Accumulation Contracts
31 Pa. Code, Chapter 85, §§ 85.1-40July 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Premium & Retirement Deposit Fund
31 Pa. Code, Chapter 86, 86.1-12July 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Requirements for Life Policies and Sales Practices
31 Pa. Code, Chapter 87, §§ 87.1-42August 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Individual Accident & Sickness Minimum Standards
31 Pa. Code, Chapter 88, §§ 88.1-195September 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Accident and Health Insurance Regulation
31 Pa. Code, Chapter 89 §§ 89.1-11 and § 89.17May 1998, 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. Peter J. Salvatore 717-787-4429 Preparation of Forms, etc.
31 Pa. Code, Chapter 89, §§ 89.12-16, 89.18-62 and 89.101August 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Separate Accounts for Principle and Interest Guarantees
31 Pa. Code, Chapter 90a, §§ 90a.1-31July 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Various Individual Death/Life/Annuity Benefits
31 Pa. Code, Chapter 90c-90hAugust 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Cash Advances to Insurance Companies
31 Pa. Code, Chapter 105January 1999, 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. Peter J. Salvatore 717-787-4429 Policies Covering Personal Property Pledged as Collateral 31 Pa. Code, Chapter 112 August 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Consent to Rate Filings
31 Pa. Code, §§ 113.1-9October 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Mass Merchandising of P&C Insurance
31 Pa. Code, §§ 113.51-62January 1998, as final. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Notice of Increase in Premium
31 Pa. Code, Chapter 113,''113.81-87March 1998, 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 . Peter J. Salvatore 717-787-4429 Public Adjusters
31 Pa. Code, Chapter 115June 1998, 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. Peter J. Salvatore 717-787-4429 Discounting Workers' Compensation Loss Reserves
31 Pa. Code, Chapter 116, ''116.1-9May 1998, as proposed. Blend regulations on discounting of loss reserves into one regulation consistent with Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Anti Arson Application
31 Pa. Code, Chapter 117, §§ 117.1-8March 1998, as final. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Discounting Medical Malpractice Loss Reserve
31 Pa. Code, Chapter 118. ''118.1-6May 1998, as proposed. Blend regulations on discounting of loss reserves into one regulation consistent with Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Fees for Out of State Companies
31 Pa. Code, Chapter 121March 1998, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Surplus Lines
31 Pa. Code, Chapter 124March 1998, 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. Peter J. Salvatore 717-787-4429 Title Insurance
31 Pa. Code, Chapter 125July 1998, as proposed. Amend pursuant to Executive Order 1196-1. Peter J. Salvatore 717-787-4429 Title Insurance
31 Pa. Code, Chapter 126July 1998, as proposed. Amend pursuant to Executive Order 1196-1. Peter J. Salvatore 717-787-4429 Deductible Program
31 Pa. Code, Chapter 131January 1998, as final. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Preparation of Filing of Property and Casualty Forms for Approval
31 Pa. Code, Chapter 133September 1998, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Qualifications of Persons Signing Annual Financial Statements
31 Pa. Code, Chapter 135March 1998, as final. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Miscellaneous (Unsafe Products, Consumer Affairs, Advertising
31 Pa. Code, Chapter 137February 1998, as final. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Description of Reserves - Prohibited Phrases
31 Pa. Code, Chapter 139August 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Unfair Insurance Practices; Unfair Claims Settlement Practices
31 Pa. Code, Chapter 146June 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Securities Held Under Custodial Agreements
31 Pa. Code, Chapter 148December 1998, 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 . Peter J. Salvatore 717-787-4429 Continuing Care Providers
31 Pa. Code, Chapter 151July 1999, 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. Peter J. Salvatore 717-787-4429 Contractual Agreements with Integrated Delivery Systems
31 Pa. Code, Chapter 152December 1998, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore 717-787-4429 Medical Professional Catastrophe Loss Fund
31 Pa. Code, Chapters 242 §§ 242.1- 242.20December 1998, 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. Peter J. Salvatore 717-787-4429 Health Maintenance Organizations
31 Pa Code, Chapters 301-303August 1998, as proposed. Amend pursuant to Executive order 1996-1. Peter J. Salvatore 717-787-4429 Underground Storage Tank Indemnification Fund - Claims Regulation
25 Pa. Code, Chapter 977October 1998, 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. Peter J. Salvatore 717-787-4429 Underground Storage Tank Indemnification Fund - Fee Regulation
25 Pa. Code, Chapter 971October 1998, 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. Peter J. Salvatore 717-787-4429 LABOR AND INDUSTRY Workers' Compensation Judges and Workers' Compensation Appeal Board
34 Pa. Code Chapters 131 and 111Fall 1998, 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. Draft (tentatively) to be prepared by September 1998, but not into approval process until late 1998 for Judges Rules. Workers' Compensation Appeal Board, draft tentatively in 1998. 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 129March 1998, as proposed. 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. Len Negley
(717) 772-1917Group Self Insurance Funds
34 Pa. Code Chapter 125March 1998, 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) 783-4476Underground Storage Facilities July 1998, as proposed. This regulation will address requirements for natural or man-made caverns used for LPG storage. James Varhola
(717) 787-3329Dry 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) 787-3323Personal Care Homes Housing Immobile Residents
34 Pa. Code Chapters 49, 55 & 56.May 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 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) 772-3396Elevators and Lifting Devices October 1998, 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) 787-3329MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND Payment and Collection of Fund Surcharge
31 Pa Code §§ 242.1 et. seq.January 1999, 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 1998, 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 PARDONS Recommendation
37 PA. Code § 81.301April, 1998, as final omitted. This regulation will be amended to conform with Joint Resolution 1997-2. Nelson R. Zullinger 717-787-2596 PROBATION AND PAROLE No regulations being developed or considered at this date. PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM Change in Benefit Payment Plan
22 Pa. Code § 213.45January 1999, 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 Employes' Retirement Code (Act of October 2, 1975, P. L. 298, No. 96, as amended), 24 Pa.C.S. §§ 8101-8535. Frank Ryder
(717) 720-473322 Pa. Code Chapters 201, 211, 213 and 215 No publication anticipated in next six months These regulations are in the process of review as a result of Executive Order 1996-1. Frank Ryder
(717) 720-4733PUBLIC WELFARE Subsidized child day care May 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) 783-2209
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