[29 Pa.B. 726]
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Management Contracts or Exclusive General Agent Agreements, 31 Pa. Code, Chapter 127, §§ 127.1-127.8 July 1999, as proposed. Amend 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 133, §§ 133.1-133.12 March 1999, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Description of Reserves - Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1-139.3 June 1999, 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 146, §§ 146.1-146.10 June 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Securities Held Under Custodial Agreements, 31 Pa. Code, Chapter 148, §§ 148.1-148.4 May 1999, 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 151, §§ 151.1-151.14 July 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 152, §§ 152.1-152.25 September 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429 Managed Care Plans - Quality Health Care Accountability and Protections of Act 68 of 1998, 31 Pa. Code, (NEW Chapter 154) June 1999, as proposed. Regulations are necessary to address outstanding issues and to fully implement the requirements of Act 68. Peter J. Salvatore, 717-787-4429 Health Maintenance Organizations, 31 Pa Code, Chapters 301, §§ 301.1-301.126 April 1999, as proposed. Amend pursuant to Executive order 1996-1. Peter J. Salvatore, 717-787-4429 Underground Storage Tank Indemnification Fund - Fee Regulation, 25 Pa. Code, Chapter 971, §§ 971.1-971.4 April 1999, as proposed. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 973 and 975 into a new regulation, Chapter 977. Peter J. Salvatore, 717-787-4429 Underground Storage Tank Indemnification Fund - Fee Collections Regulation, Chapter 973, §§ 973.1-973.12 April 1999, as proposed. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 975 into a new regulation, Chapter 977. Peter J. Salvatore, 717-787-4429 Underground Storage Tank Indemnification Fund - Voluntary Heating Oil Tank Program, 25 Pa. Code, Chapter 975, §§ 975.1-975.6 April 1999, as proposed. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 973 into a new regulation, Chapter 977 Peter J. Salvatore, 717-787-4429 Underground Storage Tank Indemnification Fund - Claims Regulation, 25 Pa. Code, (NEW Chapter 977) April 1999, 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. This will combine most of 25 Pa. Code, Chapters 971, 973 and 975. Peter J. Salvatore, 717-787-4429 LABOR AND INDUSTRY
Workers' Compensation Bureau; Workers' Compensation Judges and Workers' Compensation Appeal Board 34 Pa. Code Chapters 131 and 111 Summer 1999, 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 129 May 1999, 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) 772-1917Workers' Compensation Assessment Regulations February 1999, as final. These regulations are required to define new assessments on employers as specified in Act 57 of 1997. Proposed regulations published September 5, 1998. Thomas J. Kuzma
(717) 783-4467Underground Storage Facilities October 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 June 1999, 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 Elevators and Lifting Devices NOTE: Dependent upon passage of Legislation. Legislation did not pass during the 1997-98 legislative session. This is postponed until passed by the legislature. December 1999, 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) 787-3329 Personal Care Homes Housing Immobile Residents 34 Pa. Code Chapters 49, 55 & 56. June 1999, 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 1999, 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 2000, 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) 787-2065 PROBATION AND PAROLE
Definitions 37 PA. Code, Chapter 61.1 June 1999, 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 61.2 June 1999, 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 June 1999, 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 63.4 June 1999, 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 63.5 June 1999, 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 65.4 June 1999, 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 June 1999, 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 69.1 June 1999, as proposed. Amend pursuant to Executive Order 1996-1. Vicki Wilken 717-787-6208 37 Pa. Code - Chapter 69.2 and 69.3 June 1999, 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 June 1999, 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 75.4 June 1999 , 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
No regulations being developed or considered at this date PUBLIC WELFARE
Child Protective Services Law February 1999, 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) 783-2209 Child Residential and Day Treatment Facility March 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) 783-2209 Child Day Care Services December 1999, as proposed This regulation is proposed in response to Governor's Executive Order 1996-1 and to strengthen health and safety requirements in the regulation. The regulation will impact child day care centers, group day care homes and family day care homes. 55 Pa. Code, Chapter 3300, Specialized Day Care Service for Children with Disabilities, will be rescinded in order to comply with the provisions of the Americans With Disabilities Act. Tom Vracarich (717) 783-2209 Medical assistance estate recovery April 1999, 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/MR 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) 783-2209 Disclosure of social security number April 1999, as final 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) 783-2209 Continuation of Medical Assistance throughout pregnancy. October 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) 783-2209 Lump sum payments June 1999, as final This final 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) 783-2209 Exclusion of Resources-Medical Assistance children April 1999, 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) 783-2209 Workfare/Community Service January 2000, 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) 783-2209 General Assistance Restructure - Act 1994-49 March 1999, 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) 783-2209 Elimination of transitionally needy component of general assistance program. March 1999, 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) 783-2209 Act 1996-35 - General eligibility changes March 1999, 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) 783-2209 Elimination of PACE requirement October 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) 783-2209 Real property liens November 1999, 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. The Department intends to rescind 55 Pa. Code Chapter 257, regarding Reimbursement. Instead, the Department will propose a new chapter governing reimbursement policy for cash assistance recipients and applicants who own personal property. 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) 783-2209 Criminal history April 1999, 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) 783-2209 Act 1996-35 - Provisions Effective March 3, 1997 March 1999, 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) 783-2209 Act 1996-35 - Community Service October 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) 783-2209 Medical support rights September 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) 783-2209 Annuity rule June 2000, 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) 783-2209 Intentional Program Violations April 1999, 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) 783-2209 Expansion of Income Limits - Qualifying Individuals 1 and 2 August 1999, as final-omitted This regulation codifies the revisions needed to comply with the Balanced Budget Act of 1997 for the expansion of Medicare Part B premiums. Full payment of the Medicare Part B premium is available to individuals with income at 120% of the Federal Poverty Income Guidelines (FPIG) but less than 135% of the FPIG. Partial payment of the premium is available to individuals with income at 135% of the FPIG but less than 175% of the FPIG. 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) 783-2209 Medical Assistance Closure November 1999, as proposed This proposed regulation removes references to the closing of MA benefits using the cash payment date schedule to designate the closure date. The proposed regulations state that Medical Assistance benefit eligibility ends after the required notice is forwarded to the recipient and the corresponding appeal period expires. 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) 783-2209
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