[29 Pa.B. 726]
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Early 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) 783-2209 Medical Assistance case management services July 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) 783-2209 General Assistance Restructure - Act 1994-49 March 1999, 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) 783-2209 Discontinue coverage - infertility May 1999, 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) 783-2209 Residential Treatment Facilities (RTF) for mental health services July 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) 783-2209 Pharmaceutical services drug coverage July 1999, 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 May 1999, 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) 783-2209 Early Intervention Services May 1999, as proposed This regulation will establish program regulations for early intervention services in keeping with the Federal regulations under the Individuals with Disabilities Education Act (IDEA) and Act 212 of 1990. Early intervention services regulations are called for by the Legislative Budget and Financing Committee Report on early intervention services. Tom Vracarich (717) 783-2209 MH Wraparound July 1999, as final-omitted This final regulation codifies requirements necessary to receive reimbursement for medically necessary outpatient wraparound mental health services for individuals under 21 years of age with a diagnosis of mental illness or emotional disturbance. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Family Planning May 1999, as final-omitted This final regulation removes family planning clinics from the list of providers limited under the General Assistance Basic Health Care Package to 18 practitioner's office and clinic visits per year. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Physician Assistant/Midwife May 1999, as final-omitted This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Discontinuance of the Mandatory Second Opinion Program May 1999, as final-omitted This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 D&A Clinics May 1999, as final-omitted This final regulation revises the enrollment policy for outpatient drug and alcohol clinics. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Capital Component Payment for Replacement Beds July 1999, as final This regulation takes the policy as set forth in the Statement of Policy and promulgates it into the regulations. This regulation will be reviewed by the MAAC. Tom Vracarich (717) 783-2209 Intergovernmental Transfer June 1999, as final-omitted This regulation will extend the county nursing facility Transition Rates according to the Intergovernmental Transfer Agreement. This regulation will be reviewed by the MAAC. Tom Vracarich (717) 783-2209 New Definition of ''Emergency Medical Condition'' July 1999, as final-omitted This final regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 REVENUE
Books, Publications and Advertising Materials 61 Pa. Code § 31.29 Fall 1999, as final. The Department is amending § 31.29 (relating to books, printed matter and advertising materials) in response to statutory changes and inquiries from the public. Douglas A. Berguson 717-787-1382 Compensation; Allowable Deductions From Gross Compensation and Deferred Compensation Arrangements 61 Pa. Code §§ 101.6, 101.6a and 101.6b Fall 1999, as proposed. The Department is amending §§ 101.6 and adding 101.6a and 101.6b to set forth its interpretation of current case law and current policy in the areas of compensation; commonly recognized old age or retirement benefits; reimbursements of business expenses; and guaranteed payments. Douglas A. Berguson 717-787-1382 Credits Against Tax; Estimated Tax 61 Pa. Code §§ 111.2 - 111.5, 115.1 - 115.5, 115.8, 115.9 and 115.11 - 115.12 Winter 2000, as proposed. This regulation sets forth the Department's policy relating to taxes for which credit is not allowed; other conditions for allowance of the credit for taxes paid to other states; limitations on the amount of the credit for taxes paid to other states; proof requirements; jointly paid estimated tax; and application of overpayments of estimated tax. This regulation is necessary to delete obsolete text; add language consistent with statutory changes; and provide additional guidance in areas that have been subject to questions from the public. Douglas A. Berguson 717-787-1382 Commercial Motion Pictures 61 Pa. Code § 32.38 Summer 1999, as final. The Department is setting forth its interpretation of section 2 of Act 7-1997, section 204(54) (72 P. S. § 7204(54)) regarding the sales and use tax exclusion for the sale at retail to or use by a producer of commercial motion pictures of any tangible personal property directly used in the production of a feature-length commercial motion picture distributed to a national audience. Douglas A. Berguson 717-787-1382 Computer Software and Related Transactions 61 Pa. Code § 31.33 Fall 1999, as proposed. Pursuant to Act 7-1997, various types of computer services are no longer subject to sales and use tax on or after July 1, 1997. However, certain computer related transactions remain subject to tax. This regulation provides guidance concerning these transactions. Douglas A. Berguson 717-787-1382 Definitions; Net Profits and Regulated Investment Companies 61 Pa. Code §§ 101.1, 103.12 and 155.30 Summer 1999, as final. Section 101.1 (relating to definitions) is being amended by replacing the existing definitions of ''employee'' and ''employer'' with new definitions consistent with the requirements of 72 P. S. § 7301(g) and (h). The definition of ''income'' is being expanded to implement the provisions of 72 P. S. § 7602(f)(2)(A) and reflect recent holdings in Morgan v. Commonwealth, 42 Pa. Commonwealth Ct. 557, 400 A.2d 1384 (1979) and Wettach v. Commonwealth, 153 Pa. Commonwealth Ct. 293, 620 A.2d 730 (1993). Section 103.12 (relating to net profits) is also being amended to reflect Morgan and Wettach. The definition of ''personal income tax income'' set forth in § 155.30(b)(4) (relating to regulated investment companies) is being amended to provide that the term means income computed in the same manner and on the same basis as the income of an individual under Article V. Personal Income Tax. Douglas A. Berguson 717-787-1382 Disclaimers of Nonprobate Taxable Assets
61 Pa. Code § 93.81Summer 1999, as final. The regulation sets forth specific conditions that must be met in order for a disclaimer executed in regard to nonprobate taxable assets and nontrust assets of resident decedents to be valid for Pennsylvania inheritance tax purposes. Based on the decision and order received from the Commonwealth Court In Re Estate of Bernecker, 654 A.2d 246 (Pa. Commonwealth 1995), the Department is revising its policy on the effectiveness of disclaimers of nonprobate taxable assets for Pennsylvania inheritance tax purposes. Douglas A. Berguson 717-787-1382 File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program 61 Pa. Code §§ 117.19 - 117.21 Fall 1999, as proposed. The file-by-phone (TeleFile) program involves the filing of a Pennsylvania personal income tax return by phone. The Federal and State electronic tax filing program involves the filing of a Pennsylvania personal income tax return as part of the Federal and State Electronic Filing Program. Douglas A. Berguson 717-787-1382 Lawn Care Services
61 Pa. Code §§ 55.6 and 60.2Summer 1999, as proposed. This regulation sets forth the Department's interpretation of Act 22-1991 (72 P. S. §§ 7201(k)(17), (o)(15) and (jj)) relating to lawn care services. Douglas A. Berguson 717-787-1382 Local Tax
61 Pa. Code §§ 60.16, and 95.1 - 95.303Fall 1999, as proposed. This regulation sets forth the Department's interpretation of sections 501-509 of the Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class (53 P. S. §§ 12720.501 - 12720.509), sections 3150-B - 3157-B of the Second Class County Code (16 P. S. §§ 6150-B - 6157-B) and section 201-A of the Tax Reform Code of 1971 (72 P. S. § 7201-A). Currently the Department's interpretation is set forth as a pronouncement and codified at 61 Pa. Code § 60.16 (relating to local sales, use and hotel occupancy tax). The Department has concluded that its policy relating to local sales, use and hotel occupancy tax should be set forth as a regulation. Therefore, In addition to proposing to add Chapter 95. Local Tax, the Department is also proposing to delete the pronouncement set forth at § 60.16. Douglas A. Berguson 717-787-1382 Payments for Employe Welfare Benefit Plans and Cafeteria Plans
61 Pa. Code §§ 101.1, 101.6 and 101.7Winter 1999, as final. The amendments to §§ 101.1, 101.6, and 101.7 are being added to explain how employee welfare benefit programs and other wage and salary supplemental programs are taxed and to implement amendments to section 301(d) of the Tax Reform Code of 1971 (72 P. S. § 7306(d)) under Act 7-1997. Douglas A. Berguson 717-787-1382 Sales and Use Tax Amendments
61 Pa. Code §§ 7.3, 7.6, 31.4, 31.5, 31.7, 31.26, 32.1 - 32.5, 32.21, 32.22, 32.31 - 32.37, 33.1, 33.2, 33.4, 42.1, 42.3, 44.2, 45.1, 46.9, 47.18 and 58.13Fall 1999, as final. The Department is proposing numerous amendments to the Pennsylvania Code, Title 61. This regulatory package is the result, In part, of a comprehensive review of sales and use tax regulations In light of legislative changes from 1991 to the present. Douglas A. Berguson 717-787-1382 Telecommunications Service
61 Pa. Code §§ 31.1, 31.24, 48.1 and 55.8Summer 1999, as final. This regulation sets forth the Department's interpretation of the 1991 statutory changes set forth in section 201(m), 202(c) and 204(5) of the Tax Reform Code of 1971 (72 P. S. §§ 7201(m), 7202(c) and 7204(5)) regarding telephone, telegraph and telecommunications services. Douglas A. Berguson 717-787-1382 Utility Gross Receipts Tax
61 Pa. Code §§ 160.21 - 160.43Spring 1999, as proposed The Department is proposing this regulation to clarify the changes to the utility gross receipts tax brought about by utility deregulation (Act 138-1996) codified in Title 15 and Title 66. This regulation will also provide guidance and clarity to out-of-state businesses and the emerging industry. Douglas A. Berguson 717-787-1382 Vending Machines
61 Pa. Code § 31.28Summer 1999, as proposed This regulation sets forth the Department's interpretation of Act 45-1998 as it relates to vending machines. Douglas A. Berguson 717-787-1382 SECURITIES COMMISSION
Licensing Regulations
64 Pa. Code § 303 - § 404June 1999, as proposed. The Commission plans to amend this regulation to conform its requirements to the state preemption provisions of the federal National Securities Markets Improvement Act of 1996. G. Philip Rutledge
(717) 783-5130''Notice to Purchasers under Section 207(m)''
64 Pa. Code § 207.130March 1999, as proposed. This amendment would implement provisions of Act 126 of 1994. Act 126 of 1994 amended Section 207(m) and deleted its application to transactions under Sections 203(e) and (r) of the 1972 Act while also making the furnishing of a notice reciting the withdrawal rights under Section 207(m) a condition of the exemption in Section 203(d). Act 126 also gave the Commission explicit authority to adopt a regulation specifying the form and manner in which a 207(m) notice has to be given. G. Philip Rutledge
(717) 783-5130''Limited offerings''
64 Pa. Code § 203.041March 1999, as proposed. Commission proposes to repeal Form 203-D and Form D Supplement and replace them with Form E which will allow issuers to use only one form to claim the exemptions afforded by Section 203(d), (s) or (t.) G. Philip Rutledge
(717) 783-5130.''Electronic signatures''
64 Pa. Code § 207.141Spring 1999, as proposed. Commission proposes to adopt a rule governing use of electronic or digital signatures on materials required to be filed with the Commission. G. Philip Rutledge
(717) 783-5130.STATE
Bureau of Commissions, Elections and Legislation May 1999, as proposed. The Department proposes comprehensive revisions to regulations at 4 Pa. Code to eliminate obsolete provisions, reflect recent statutory changes and reflect changes to campaign finance reporting as a result of the computerization initiative. Amendments will be proposed pursuant to the Pennsylvania Voter Registration Act (25 P. S. § 961.301), the Pennsylvania Election Code (25 P. S. § 2601 et seq ) and Campaign Expense Reporting Law (25 P. S. § 3241 et seq) Richard Filling, (717) 787-5280 State Athletic Commission 58 Pa. Code, Chapter 21 June 1999, as proposed. Comprehensive revisions to 58 Pa. Code will reflect statutory changes to the Pennsylvania Athletic Code and changes in commission procedures. The regulations will be promulgated pursuant to the Pennsylvania Athletic Code (5 Pa.C.S. § 101 et seq). Greg Sirb
(717) 787-5720Navigation Commission for the Delaware River and Its Navigable Tributaries - 13 Pa. Code Ch. 201-209. May 1999, as proposed. Proposed comprehensive revisions will enhance navigational safety, eliminate obsolete regulations and reflect statutory changes pursuant to 55 P. S. § 31 and 71 P. S. § 670.2(4). Larry Boyle, (717) 787-6458 Bureau of Professional and Occupational Affairs - Schedule of Civil Penalties for Act 48 - State Boards of Accountancy, Architects, Auctioneers, Professional Engineers, Land Surveyors and Geologists, and Dentistry -49 Pa. Code, Chapter 43 February 1999, as proposed. The Boards propose to provide for civil penalties for violations pertaining to the conduct or operation of a business or facility licensed by the Board. Statutory authority: 63 P. S. § 2205(a). Beth Sender Michlovitz
(717) 783-7200State Board of Auctioneer Examiners -Approved Course of Study -49 Pa. Code § 1.11.
Sponsorship of Apprentices - 49 Pa. Code § 1.31.No publication anticipated in next six months.
No publication anticipated in next six months.The proposal would establish standards for school course practicum work in auctioneering. The regulation will permit the Board to verify the minimum level of education the Board believes necessary for licensure. Legal authority for the regulation is Section 32, 63 P. S. § 734.32.
The proposal would require sponsors to provide minimum training of apprentices and document their supervision. The regulation is needed to provide objective standards for sponsors to follow in training and supervising apprentices whom they employ and whose apprenticeship qualifies them for licensure. Legal authority for the regulation is Section 32, 63 P. S. § 734.32.Linda Dinger (717) 783-3397 State Board of Barber Examiners - General Revisions - 49 Pa. Code, Chapter 3.
Barber Shop Trainees - 49 Pa. Code §§ 3.70, 3.72, 3.87.February 1999, as proposed.
February 1999, as proposed.
The Board proposes to revise and update its entire chapter and repeal antiquated provisions. Statutory authority: 63 P. S. § 566.4(b).
The regulations will provide for the training of students in barber shops. Statutory authority: 63 P. S. § 566.4(b).Sara Sulpizio (717) 783-3402 State Board of Chiropractic - Sexual Misconduct - 49 Pa. Code § 5.54.
Peer Review - 49 Pa. Code § 5.55.
Radiologic Procedures Exam Fee - 49 Pa. Code § 5.6.No publication anticipated in next six months.
No publication anticipated in next six months.
April 1999, as final.Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts which the Board deems unprofessional. Statutory authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).
The proposal would regulate standards for review of chiropractic treatment. The proposal would assure that when chiropractic diagnosis and treatment are subject to utilization review by chiropractors, appropriate standards will be employed. Statutory authority: Section 302(3), 63 P. S. § 625.302(3).
The Board will reduce the fee charged to applicants who take the radiologic procedures examination because of contractual scheduling changes. Statutory authority: 63 P. S. § 625.1101.Deb Smith (717) 783-7156 State Board of Cosmetology - Disinfection, Equipment and Supplies; - 49 Pa. Code §§ 7.71, 7.71a, 7.71b, 7.105, 7.113a and 7.114.
General Revisions - 49 Pa. Code, Chapter 7.
Safe use of Chemicals - 49 Pa. Code § 7.96.No publication anticipated in next six months.
No publication anticipated in next six months.
No publication anticipated in next six months.These regulations reflect improved industry standards for disinfecting and sterilizing equipment required to be available in cosmetology shops. Minimum safety and sanitation standards are authorized under Section 11 of the Cosmetology Law, 63 P. S. § 517.
These regulations will revise and update current rules and repeal outdated provisions. Statutory authority: 63 P. S. § 517.
The Board will update and broaden standards to require licensees to follow manufacturers' instructions and FDA restrictions when using chemicals on clients. Statutory authority: 63 P. S. § 517.Sara Sulpizio (717) 783-7130 State Board of Accountancy - Continuing Education Program Sponsors -
49 Pa. Code §§ 11.1, 11.4, 11.64, 11.65, 11.66, 11.70-11.73, 11.80.
Commissions and Referral Fees - 49 Pa. Code § 11.24.
General Revisions - 49 Pa. Code, Ch. 11.
Peer Review - 49 Pa. Code, §§ 11.81-11.88.April 1999, as proposed.
April 1999, as proposed.
June 1999, as proposed.
April 1999, as proposed.The regulations would require approved continuing education program sponsors to renew approval biennially and authorize the Board to conduct audits of approved programs. The regulations ensure that continuing education programs meet licensure renewal needs. Statutory authority: 63 P. S. § 9.3(10).
The regulation would codify rules for the written disclosure licensees must make in order to pay or receive commissions and referral fees in connection with the referral or recommendation of products and services. The regulation complies with 1997 amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.12(p).
The regulations would revise or repeal existing requirements in compliance with comprehensive amendments to the C.P.A. Law effective February 3, 1997. Statutory authority: 63 P. S. § 9.3(10)-(12).
The regulations would set forth requirements for public accounting firms which must undergo peer review, standards for the conduct of peer reviews, and confidentiality provisions. The regulation implements 1997 amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.8i.Dorna Thorpe (717) 783-1404 State Board of Funeral Directors - Pre-need Requirements - 49 Pa. Code, Chapter 13. No publication anticipated in next six months. The Board will update current regulations in order to provide clear and concise guidance to licensees regarding pre-need monies and contracts. Legal authority: Section 16(a) of the Law, 63 P. S. § 479.16(a). Cheryl Lyne (717) 783-3397 State Board of Landscape Architects - Continuing Education - 49 Pa. Code § 15.71-15.83.
Examination Fees - 49 Pa. Code § 15.12.
General Revisions; Seals - 49 Pa. Code § 15.1 et seq.July 1999, as final.
March 1999, as final.
No publication anticipated in next six months.The amendments establish procedures and standards for continuing education as a condition of biennial renewal. The Board is required to adopt regulations establishing requirements of continuing education as a condition for renewal of a license under Section 9.1 of the Landscape Architects' Registration Law, Act of January 24, 1966, P. L. (1965) 1527, added by the Act of December 7, 1994, P. L. 774, 63 P. S. § 909.1.
The amendments revise fees for the C.L.A.R.B. examination pursuant to contract for administrations in June 1999 and thereafter. The Board is required to administer this examination under Sections 4(2) and 4(3) of the Landscape Architects' Registration Law, 63 P. S. §§ 904(2) and 904(3).
In compliance with Executive Order 1996-1, the Board will propose updated standards relating to licensees' seals to reflect new technology. Statutory authority: 63 P. S. §§ 904(9) and 909.Shirley Klinger (717) 772-8528
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