[30 Pa.B. 3317]
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LABOR AND INDUSTRY
Workers' Compensation Bureau, Workers' Compensation Judges, and Workers' Compensation Appeal Board regulations at 34 Pa. Code Chapters 131, 121, and 111. Fall 2000, 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 July 2000, 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 it 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; amends sections 123.202 pertaining to the qualifications of vocational experts; and, amends section 125.133(c)(4) and 125.155 (a) of the self-insurance regulations. Len Negley
(717) 772-1917Underground Storage Facilities October 2000, as proposed. This regulation will address requirements for natural or man-made caverns used for LPG storage. James Varhola (717) 787-3329 Dry Cleaning August 2000, as proposed. Dry Cleaning Law, Act of December 19, 1990, P. L. 1327, No. 214, 35 P. S. 1270.1 et seq. This proposal will regulate the construction, operation and maintenance of dry cleaning plants. Edward Leister (717) 787-3323 Uniform Construction Code (UCC) regulations. Act 45 of 1999. August 2000 as proposed. Act 45 of 1999, providing for a uniform statewide building code, requires the Department of Labor & Industry to promulgate regulations. Because this measure effectively repealed the Dry Cleaning Law, Elevator Law and Fire & Panic Act, the regulations pursuant to each (including those for Personal Care Homes), will be addressed through regulations for Act 45. Personal Care Home regs, previously submitted to OGC, were withdrawn. Edward Leister (717) 787-3323 Elevators and Lifting Devices August 2000 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 Pennsylvania Minimum Wage Act, Food Service Incentive Program Regulations August 2000 as proposed. The Department is required to promulgate new regulations to implement the new ''Food Service Incentive Program'' added, via amendment to the Minimum Wage Act and signed into law on December 21, 1998. Richard Lengler (717) 772-9192 Unemployment Compensation Regulations, Title 34.
Labor & Industry RegulationsJuly 2000, as proposed. The proposed regulation will clarify the circumstances under which individuals will not be eligible for unemployment compensation (UC) based on services for an educational institution or educational service agency during summer vacation or school break periods.
In accordance with Section 402.1 of the PA UC Law, school employees who are unemployed over the summer break can not be paid benefits based on their services for the school if they have a contract or reasonable assurance of employment in a similar position in the next academic year.Robert Allen (717) 783-7644 Asbestos Occupations Accreditation and Certification June 2000, as proposed. Act of December 19, 1990, P. L. 05, No. 194, 64 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.December 2000, as proposed. This regulation will clarify and update 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. The regulation will clarify the guidelines and requirements governing proper administrative and financial operations of the Fund, and will provide uniform procedures to be used in conducting mediation. Statutory authority 40 P. S. §§ 1301.701 et.seq. Kenneth J. Serafin 717-783-3770 MILITARY AND VETERANS AFFAIRS State Veterans Home
43 Pa. Code Section 7.1 et. seq.October, 2000, 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. 717-861-8503 PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
16 Pa. Code Chapters 81, 83, 85, 87 and 91 August 2000, as proposed. 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, Chapters 61.1--75.4Winter 2000, as proposed. Definitions amended 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
55 Pa. Code Ch. 3490September 2000, as proposed This regulation incorporates the amendments to the Child Protective Services Law as a result of Act 127 of 1998. The major changes include: convening of an investigative team for the investigation of suspected child abuse; increased communication between county agencies and law enforcement officials; increased requirements for multi-disciplinary teams; increasing the length of time unfounded reports are retained; and expanded reporting requirements by county agencies to law enforcement officials. Tom Vracarich (717) 783-2209 Child Day Care Services
55 Pa. Code Chs. 3271, 3281, 3291December 2000, 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 Administration of County Children and Youth Programs
55 Pa. Code Ch. 3130March 2001, as proposed This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the final form federal regulations (effective March 27, 2000) for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include: Permanency Hearings and the matters to be determined; requirements related to reasonable efforts including aggravated circumstances, contrary to the welfare and best interests; and redefining permanency goals for children. Tom Vracarich (717) 783-2209 Planning and Financial Reimbursement Requirements for County Children and Youth Social Service Programs
55 Pa. Code Ch. 3140March 2001, as proposed. This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the final form federal regulations (effective March 27, 2000) for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include: Permanency Hearings and the matters to be determined; requirements related to reasonable efforts including aggravated circumstances, contrary to the welfare and best interests; and redefining permanency goals for children. Tom Vracarich (717) 783-2209 Medical assistance estate recovery
55 Pa. Code Ch. 258March 2001, as final. 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, home and community based services, and related hospital prescription drug services. Changes effective August 15, 1994 and are the result of OBRA' 93, Act 1994-49, and Act 1995-20. Tom Vracarich (717) 783-2209 Continuation of Medical Assistance throughout pregnancy
55 Pa. Code Chs. 140, 181March 2001, as proposed. 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. Tom Vracarich (717) 783-2209 Exclusion of Resources-Medical Assistance children
55 Pa. Code Chs. 140, 178September 2000, 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. Tom Vracarich (717) 783-2209 Workfare/Community Service
55 Pa. Code Chs. 166, 275February 2001, 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. Tom Vracarich (717) 783-2209 General Assistance Restructure--Act 1994-49
55 Pa. Code Chs. 141, 145, 147, 166, 171, 178, 181July 2000, 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. Tom Vracarich (717) 783-2209 Elimination of transitionally needy component of general assistance program
55 Pa. Code Ch. 141July 2000, 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. Tom Vracarich (717) 783-2209 Act 1996-35--General eligibility changes
55 Pa. Code Chs. 125, 141, 168, 171, 175, 177, 181, 183July 2000, 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. Tom Vracarich (717) 783-2209 Elimination of PACE requirement
55 Pa. Code Ch. 181October 2000, 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. Tom Vracarich (717) 783-2209 Real property liens
55 Pa. Code Chs. 101, 121, 177, 183, 257, 297June 2001, 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. Tom Vracarich (717) 783-2209 Criminal history
55 Pa. Code Chs. 125, 133, 141December 2000, as proposed. 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. Tom Vracarich (717) 783-2209 Act 1996-35--Provisions Effective March 3, 1997
55 Pa. Code Chs. 105, 125, 133, 140, 141, 145, 151, 153, 165, 168, 177, 178, 181, 183, 187, 255August 2000, 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. Tom Vracarich (717) 783-2209 Medical support rights
55 Pa. Code Ch. 187December 2000, 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. Tom Vracarich (717) 783-2209 Annuity rule
55 Pa. Code Ch. 178July 2001, as proposed. 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. Tom Vracarich (717) 783-2209 Intentional Program Violations
55 Pa. Code Chs. 255, 275, 501October 2000, 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. Tom Vracarich (717) 783-2209 Food Stamp Disqualification Penalties
55 Pa. Code Ch. 501March 2001, as final-omitted. This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from six months to one year for the first violation and from one year to two years for the second violation. Tom Vracarich (717) 783-2209 TANF Clean-up
55 Pa. Code, various chapters--not defined at this timeJuly 2001, as proposed. This proposed regulation incorporates the provisions of the final Federal TANF regulations, 64 FR 17720 (April 12, 1999) which made changes affecting the implementation of the TANF program. The proposed regulations include a modification to the definition of assistance to provide that non-recurrent, short-term benefits and many supports for low-income families are considered non-assistance. Tom Vracarich (717) 783-2209 Employment Requirements for Two-Parent Households: Definition of Unemployment
55 Pa. Code Chs. 153, 178June 2001, as proposed. This regulation codifies the provision in the current Temporary Assistance for Needy Families (TANF) State Plan that DPW is revising the definition of unemployment so that working parents who meet financial eligibility requirements and are otherwise eligible may receive TANF until their income exceeds eligibility limits or they exhaust their 60 months of TANF. Tom Vracarich (717) 783-2209 Family Violence Option
55 Pa. Code Ch. 187June 2001, as proposed. This regulation codifies provisions in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, and waive certain program requirements, including support requirements, for those individuals, as needed. Tom Vracarich (717) 783-2209 Increases in Payment for Burial and/or Cremation
55 Pa. Code Ch. 285June 2001, as proposed. This regulation codifies an increase to the maximum payment for burial and/or cremation for eligible persons. A decreased person of any age who received or was eligible to receive a money payment -- TANF, General Assistance, State Blind Pension, or Supplemental Security Income--may be eligible for a maximum burial and/or cremation payment of $750, if there are no resources that reduce the payment. Tom Vracarich (717) 783-2209 Early and Periodic Screening Diagnosis Treatment (EPSDT)
55 Pa. Code Chs. 1101, 1121, 1123, 1147, 1241November 2000, 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
55 Pa. Code Ch. 1239January 2001, 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
55 Pa. Code Chs. 1101, 1121, 1149November 2000, 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
55 Pa. Code Chs. 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243February 2001, 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
55 Pa. Code Chs. 1157, 1165January 2001, 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
55 Pa. Code Ch. 1121February 2001, 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
55 Pa. Code Ch. 1101November 2000, 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
55 Pa. Code Chs. 4225, 4226July 2001, as final. 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
55 Pa. Code Ch. 1154January 2001, 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
55 Pa. Code Ch. 1101November 2000, 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
55 Pa. Code Ch. 1141November 2000, 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
55 Pa. Code Ch. 1150November 2000, 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
55 Pa. Code Ch. 1223November 2000, 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
55 Pa. Code Ch. 1187July 2001, as proposed. 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
55 Pa. Code Ch. 1187December 2000, 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''
55 Pa. Code Chs. 1101, 1141, 1150, 1221June 2001, 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 Definition of Medically Necessary
55 Pa. Code Ch. 1101November 2000, as proposed. This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Provision of Drug and Alcohol Treatment
55 Pa. Code Ch. 1223June 2001, as final-omitted. This final regulation eliminates the need for the supervisory physician to perform a physical exam within 15 days following intake and before the provision of treatment. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Invoicing for Services
55 Pa. Code Ch. 1101July 2001, as final-omitted. This regulation revises the invoice submission requirements for nursing facilities. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 Exceptional Payments for Durable Medical Equipment
55 Pa. Code Ch. 1187December 2000, as final-omitted. This regulation provides for payment for exceptional DME separate from and in addition to the case mix payment rate. This regulation will be reviewed by the MAAC, as noted above. Tom Vracarich (717) 783-2209 (as well as any considered subsequent to publication of this Agenda) is published.
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