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PA Bulletin, Doc. No. 99-94

NOTICES

DEPARTMENT OF PUBLIC WELFARE

Joint Committee on Documents Resolution 1998-1

[29 Pa.B. 375]

   Joint Committee on Documents Resolution 1998-1 published at 28 Pa.B. 2629 (June 6, 1998) requires that regulations securing actions under any or all prior Joint Committee on Documents Resolutions must be submitted by the Secretary of Public Welfare to the Office of General Counsel by December 31, 1998, or be deemed withdrawn. (JCD Resolution 1998-1, paragraph 6.) There are 37 outstanding Notices of Rule Change (NORCs) issued under Joint Committee on Documents Resolutions 1990-1, 1992-1, 1994-1 and 1996-1. Effective December 31, 1998, the Department has submitted 17 sets of regulations to the Office of General Counsel to secure actions under 27 outstanding Notices of Rule Change. A list of these regulations and corresponding Notices of Rule Change appears as Attachment 1.

   In addition, JCD Resolution 1998-1 requires the Department of Public Welfare to submit to the Legislative Reference Bureau a list of any withdrawn Notices of Rule Change by December 31, 1998, for publication in the Pennsylvania Bulletin. (JCD Resolution 1998-1, paragraph 7.) After careful consideration, the Department has decided to withdraw 10 outstanding NORCs. The list of withdrawn Notices of Rule Change appears as Attachment 2, along with a brief explanation of the reason for the withdrawal.

FEATHER O. HOUSTOUN,   
Secretary

ATTACHMENT 1

Regulations Securing Action Under Outstanding NORCs

(#14-444)Minor Parent14-NRC-69
55 Pa.Code Ch. 141, 175, 177, & 183Final-Omit Rulemaking
Submitted to OGC:June 15, 1998 (Published: 28 Pa.B. 3939; 8-15-98)
NORC publication date: March 1, 1997 (27 Pa.B. 1089)
(#14-445) MA Estate Recovery 14-NRC-56
55 Pa.Code Ch. 258Proposed Rulemaking
Submitted to OGC: June 24, 1998
NORC publication date: May 13, 1995 (25 Pa.B. 1916)
(#14-446)Pre-TANF Welfare Reform14-NRC-35,-52,-58,-64,-68
55 Pa.Code Chs. 101 et seq.Final-Omit Rulemaking
Submitted to OGC:November 17, 1998
NORC publication dates:July 17, 1993 (23 Pa.B. 3433)
August 27, 1994(24 Pa.B. 4425)
July 8, 1995 (25 Pa.B. 2762)
June 15, 1996 (26 Pa.B. 2865)
March 1, 1997 (27 Pa.B. 1092)1
(#14-447)TANF14-NRC-68
55 Pa.Code Chs. 101 et seq.Final-Omit Rulemaking
Submitted to OGC:December 23, 1998
NORC publication date:March 1, 1997 (27 Pa.B. 1092)2
(#14-448)Intentional Program Violation14-NRC-66
55 Pa.Code Chs. 255, 275, 501Final-Omit Rulemaking
Submitted to OGC: December 24, 1998
NORC publication date:November 16, 1996 (26 Pa.B. 5659)
(#14-449)Exclusion of Resource Test14-NRC-34
55 Pa.Code Chs. 140 & 178
Submitted to OGC:December 24, 1998
NORC publication date:June 9, 1993 (23 Pa.B. 2878)
(#14-450)Discontinue Mandatory 2nd 14-NRC-70
Opinion
55 Pa. Code Ch. 1150
Submitted to OGC: December 24, 1998
NORC publication date:March 29, 1997 (27 Pa.B. 1608)
(#14-451)Physician Asst./Nurse Midwife14-NRC-71
55 Pa.Code Ch. 1141
Submitted to OGC:December 24, 1998
NORC publication date:August 9, 1997 (27 Pa.B. 4045)
(#14-452)Early Intervention Services 14-NRC-16
55 Pa.Code Ch. 4225, 4226
Submitted to OGC:December 24, 1998
NORC publication date:June 29, 1991 (21 Pa.B. 2953)
______
   1 The Notice of Rule Change for TANF (14-NRC-68) is cited in the Pre-TANF rulemaking because it implements the change of name resulting from the Aid to Families with Dependent Children (AFDC) cash assistance program being replaced by the Temporary Assistance to Needy Families (TANF) program.
   2 This rulemaking implements the substantive changes in the new Temporary Assistance to Needy Families (TANF) program under 14-NRC-68.
(#14-453)Outpatient Drug & Alcohol 14-NRC-72
Clinics
55 Pa.Code Ch. 1223
Submitted to OGC:December 28, 1998
NORC publication date: March 7, 1998 (28 Pa.B. 1281)
(#14-454)MA Case Management 14-NRC-46
55 Pa.Code Ch. 1239
Submitted to OGC: December 28, 1998
NORC publication date:May 24, 1994 (24 Pa.B. 2654)
(#14-455)GA Omnibus 14-NRC-36,-37,-54,-63,-65
55 Pa.Code Ch. 1101, 1149
Submitted to OGC:December 30, 1998
NORC publication dates:September 25, 1993 (23 Pa.B. 4583)
September 25, 1993 (23 Pa.B. 4585)
September 10, 1994 (24 Pa.B. 4640)
May 4, 1996 (26 Pa.B. 2132)
October 19, 1996 (26 Pa.B. 5058)
(#14-456)Criminal History14-NRC-62, -64, -68
55 Pa. Code Chs. 125, 133, 141
Submitted to OGC:December 30, 1998
NORC publication dates:March 2, 1996 (26 Pa.B. 945)3
June 15, 1996 (26 Pa.B. 2865)4
March 1, 1997 (27 Pa.B. 1092)5
(#14-457)JCAHO & non-JCAHO14-NRC-40,-59,-60
Residential Treatment
55 Pa. Code Chs. 1157 & 1167
Submitted to OGC:December 31, 1998
NORC publication dates:August 28, 1993 (23 Pa.B. 4155)
September 9, 1995 (25 Pa.B. 3786)
September 9, 1995 (25 Pa.B. 3791)
(#14-458)EPSDT (OBRA-89)14-NRC-17
55 Pa. Code Chs. 1101, 1121, 1123, 1147, 1241
Submitted to OGC: December 31, 1998
NORC publication date:August 17, 1991 (21 Pa.B. 3755)
(#14-459)Omnibus Pharmacy14-NRC-48, -53
55 Pa. Code Chs. 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243
Submitted to OGC: December 31, 1998
NORC publication dates:July 30, 1994 (24 Pa.B. 3670)
September 3, 1994 (24 Pa.B. 4539)
(#14-460)MH Wraparound14-NRC-61
55 Pa. Code Ch. 1154
Submitted to OGC: December 31, 1998
NORC publication date:September 9, 1995 (25 Pa.B. 3782)
______
   3 This Notice of Rule Change applied the change regarding eligibility for assistance of persons who have a criminal history to the State-funded General Assistance (GA) cash assistance program.
   4 This Notice of Rule Change made the change regarding eligibility for assistance of persons who have a criminal history to the State-funded General Assistance (GA) cash assistance program.
   5 This Notice of Rule Change made the change regarding eligibility for assistance of persons who have a criminal history to the Federally-funded Temporary Assistance to Needy Families (TANF) cash assistance program.

ATTACHMENT 2

Outstanding Notices of Rule Change Withdrawn by DPW

Name Original Publication Date
1. Emergency Assistance June 29, 1991 (21 Pa.B. 2935)
      (14-NRC-15)
Reason for withdrawal: In a notice of proposed rulemaking dated May 16, 1998 (28 Pa.B. 2287), the Department of Public Welfare announced its intent to rescind the provisions of 55 Pa. Code Ch. 289 relating to the Emergency Assistance program. Until such time as the rescission or other modification of this chapter, the Department will continue the enhanced benefits levels announced in the Notice of Rule Change.
2. Community Work Experience ProgramAugust 28, 1993 (23 Pa.B. 4155)
      (14-NRC-38)
Reason for withdrawal: The Community Work Experience Program is no longer in effect. The Notice of Rule Change is, therefore, obsolete.
3. Removal of Liens June 11, 1994 (24 Pa.B. 2971)
      (14-NRC-44)
Reason for withdrawal:  The Notice of Rule Change was based upon the self-executing provisions of Act 1993-17. Act 17 eliminated the Department's authority to place a lien on real property which is the primary residence of persons who apply for or receive cash assistance benefits. Act 17 also released such liens that existed on the law's effective date, August 6, 1993. The Department satisfied all applicable liens on cash assistance recipients' real estate throughout the Commonwealth by December 31, 1993. Effective August 6, 1993, the Department also discontinued the requirement that cash assistance applicants and recipients encumber their resident real property as a condition of cash assistance eligibility. The Department intends to issue a proposed rulemaking which is broader in scope than the original Notice of Rule Change. The Department intends to rescind 55 Pa.Code Ch. 257, regarding Reimbursement, which has been in effect since 1977. Instead, the Department will propose a new chapter governing reimbursement policy for cash assistance recipients and applicants who own personal property.
4. Underpayments October 22, 1994 (24 Pa.B. 5376)
      (14-NRC-50)
Reason for withdrawal: The Notice of Rule Change related to the now-obsolete Aid to Families with Dependent Children cash assistance program, which has been replaced with the Temporary Assistance to Needy Families (TANF) cash assistance program. The Department of Public Welfare is considering whether to continue the policy announced in the Notice of Rule Change and will issue a future rulemaking to address the issue. In the meantime, the Department will continue to correct underpayments to both current and former recipients.
5. Clozapine Supportive ServicesJune 13, 1992 (22 Pa.B. 3023)
      (14-NRC-29)
Reason for withdrawal:  The Notice of Rule Change announced a procedure rather than a rule change. Therefore, the Department has decided to withdraw the Notice of Rule Change and, instead, has issued the change in procedure as a Class I Bulletin on December 29, 1998.
6. Prior Authorization--Home HealthJuly 30, 1994 (24 Pa.B. 3761)
      (14-NRC-49)
Reason for withdrawal:  Section 443.6(b)(7) of the Public Welfare Code authorizes the Department of Public Welfare to add other items or services to its list of services requiring prior authorization by publication of a Notice in the Pennsylvania Bulletin. (62 P. S. § 443.6(b)(7). The Department deposited a list in the Legislative Reference Bureau on December 16, 1998 which identifies all home health services as requiring prior authorization. Thus, the previously issued Notice of Rule Change is superseded by the new Notice.
7. Prior Authorization--Partial Hospitalization January 28, 1995 (25 Pa.B. 347)
      (14-NRC-55)
Reason for withdrawal:  Section 443.6(b)(7) of the Public Welfare Code authorizes the Department of Public Welfare to add other items or services to its list of services requiring prior authorization by publication of a Notice in the Pennsylvania Bulletin. (62 P. S. § 443.6(b)(7)). The Department deposited a list in the Legislative Reference Bureau on December 16, 1998 which identifies psychiatric partial hospitalization services as requiring prior authorization. Thus, the previously issued Notice of Rule Change is superseded by the new Notice.
8. Prior Authorization--Pharmacy August 27, 1994 (24 Pa.B. 4423)
      (14-NRC-51)
Reason for withdrawal:  Section 443.6(b)(7) of the Public Welfare Code authorizes the Department of Public Welfare to add other items or services to its list of services requiring prior authorization by publication of a Notice in the Pennsylvania Bulletin. (62 P. S. § 443.6(b)(7). The Department deposited a list in the Legislative Reference Bureau on December 16, 1998 which identifies multisource legend brand name products as requiring prior authorization. Thus, the previously issued Notice of Rule Change is superseded by the new Notice.
9.  Accessing Non-Residential August 28, 1993 (23 Pa.B. 4158)
MH Svcs. For Children
      (14-NRC-39)
Reason for withdrawal:  This Notice of Rule Change was superseded by a later Notice of Rule Change published on September 9, 1995 (25 Pa.B. 3786). Pursuant to JCD Resolution 1998-1, DPW has submitted a final rulemaking to the Office of General Counsel to implement the later Notice of Rule Change.
10. Physician Assistant & Midwife SupervisionNovember 30, 1996 (26 Pa.B. 5847)
      (14-NRC-67)
Reason for withdrawal:  This Notice of Rule Change was superseded by a later Notice of Rule Change published on August 9, 1997 (27 Pa.B. 4045). Pursuant to JCD Resolution 1998-1, DPW has submitted a final rulemaking to the Office of General Counsel to implement the later Notice of Rule Change.
[Pa.B. Doc. No. 99-94. Filed for public inspection January 15, 1999, 9:00 a.m.]


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