[30 Pa.B. 690]
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Proposed Date for Regulation Being Considered Promulgation Need and Legal Basis for Action Agency Contact Annuity rule
55 Pa. Code Ch. 178December 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
55 Pa. Code Chs. 255, 275, 501June 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 is 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 Food Stamp Disqualification Penalties
55 Pa. Code Ch. 501December 2000, 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. 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 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. 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 Early and Periodic Screening Diagnosis Treatment (EPSDT) 55 Pa. Code Chs. 1101, 1121, 1123, 1147, 1241 November 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, 1243November 2000, as final-omitted. This final regulation codifies Act 1994-49 provisions that discontinue 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. 1121November 2000, 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, 4226June 2000, 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
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. 1187January 2001, as proposed. This regulation codifies the existing statement of policy. 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, 1221October 2000, 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. 1101July 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 REVENUE
Application of P. L. 86-272 and De Minimis Standards
61 Pa. Code § 151.31Fall 2000, as proposed. Public Law 86-272 (15 U.S.C.A. §§ 381--3840) restricts a state from imposing a net income tax on income derived within its borders from interstate commerce if the only business activity of the company within the state consists of the solicitation of orders for sales of tangible personal property, which orders are to be sent outside the state for acceptance or rejection, and, if accepted, are filled by shipment or delivery from a point outside the state. This proposal describes the Department's policy regarding the application of P. L. 86-272 with regard to corporate net income tax and capital stock-franchise tax. Douglas A. Berguson 717-787-1382 Books, Publications and Advertising Materials
61 Pa. Code §§ 31.3, 31.29, 48.2 and 48.3Winter 2000, as final. The Department is amending §§ 31.3, 31.29, 48.2 and 48.3 in response to statutory changes, inquiries from the public and to address the Pennsylvania Supreme Court's decision in Haller v. Department of Revenue, 556 Pa. 289, 728 A.2d 351 (1999), cert. denied, 120 S. Ct. 325 (1999). Douglas A. Berguson 717-787-1382 Commercial Motion Pictures
61 Pa. Code § 32.38Spring 2000, as final. The regulation will address 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, Hardware and Related Transactions
61 Pa. Code § 31.33Winter 2000, 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. Douglas A. Berguson 717-787-1382 File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program
61 Pa. Code §§ 117.19--117.21Spring 2000, as proposed. The regulation will address the file-by-phone (TeleFile) program. 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 2000, as final. This regulation will address Act 22-1991 (72 P. S. §§ 7201(k)(17), (o)(15) and (jj)) relating to lawn care services. Douglas A. Berguson 717-787-1382 Partial Refunds For Bad Debts
61 Pa. Code §§ 33.3 and 33.5Spring 2000, as proposed. This proposal addresses section 247.1 of the TRC (72 P. S. § 7247.1) relating to partial refund of sales tax attributed to bad debts. Douglas A. Berguson 717-787-1382 Payments for Employee Welfare Benefit Plans and Cafeteria Plans
61 Pa. Code §§ 101.1, 101.6 and 101.7Spring 2000, 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 Supplemental Unemployment Benefit Plan
61 Pa. Code §§ 101.1 and 101.6Summer 2000, as proposed. This regulatory amendment will provide an explanation of the meaning and scope of the exclusion from compensation in section 301(d)(vi) of the TRC (72 P. S. § 7301(d)(vi)) for employer or labor union payments for supplemental unemployment programs. The proposed changes will address the tax treatment of programs offered to provide supplemental benefits to employees terminated from service as a result of layoff, workforce reduction, plant closings or other involuntary terminations. Douglas A. Berguson 717-787-1382 Termination Pay, Severance Pay and Early Retirement Incentive Programs
61 Pa. Code §§ 101.1 and 101.6Summer 2000, as proposed. This regulatory change will clarify the taxation of termination pay, severance pay, early retirement incentive programs and programs offered by employers to provide benefits to employees in addition to those in qualifying retirement plans upon separation from service. This regulation also interprets section 301(d) of the TRC (72 P. S. § 7301(d)) regarding Federal insurance benefits paid under the Railroad Retirement Act and guaranteed payments to a partner of a partnership for services to the partnership are excluded from compensation. Douglas A. Berguson 717-787-1382 Utility Gross Receipts Tax
61 Pa. Code §§ 160.21--160.43Fall 2000, as final. The Department intends 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 Withholding of Tax
61 Pa. Code §§ 113.2, 113.3, 113.3a, 113.3b, 113.3c, 113.4, 113.4a, 113.7 and 121.16Spring 2000, as proposed. The Department is proposing amendments to various withholding regulatory sections, including requiring an employer who is required to file 250 or more withholding statements, to forward to the Department the reconciliation statement with such withholding statements via electronic or magnetic media as specified in the instructions of the Department. In addition, § 121.16 is amended to delete language relating to the filing of a W-2 with Form PA-40 as evidence of taxes withheld. Douglas A. Berguson 717-787-1382 Vending Machines
61 Pa. Code § 31.28Summer 2000, as final. This regulation sets forth the Department's position on Act 45-1998 as it relates to vending machines. Douglas A. Berguson 717-787-1382 SECURITIES COMMISSION
Licensing Regulations
64 Pa. Code Chapters 301--404March 2000, as proposed. The Commission plans to amend a number of licensing regulations to conform them to the state preemption provisions of the federal National Securities Markets Improvement Act of 1996. G. Philip Rutledge (717) 783-5130 ''Employee benefit plans''
64 Pa. Code § 202.070March 2000, as proposed. The Commission plans to amend this regulation to delete obsolete language. G. Philip Rutledge (717) 783-5130 ''Registration by coordination'' 64 Pa. Code § 205.021 March 2000, as proposed. The Commission plans to amend this regulation to revise Form 205 G. Philip Rutledge (717) 783-5130 ''Registration by qualification'' 64 Pa. Code § 206.010 March 2000, as proposed. The Commission proposes to amend this regulation to revise Form 206 G. Philip Rutledge (717) 783-5130 ''Charges for Commission publications''
64 Pa. Code § 602.060March 2000, as proposed. The Commission now issues a quarterly bulletin and annual report free of charge and plans to delete the current charge for these publications. G. Philip Rutledge (717) 783-5130 STATE Corporations Bureau Summer 2000, as proposed. The Corporations Bureau will delete references by name to the Governor, Secretary of the Commonwealth and Director of the Corporation Bureau on its sample filing forms and to the docketing statement promulgated by the Department pursuant to 15 Pa.C.S. § 133. Changes in administration render such references obsolete. Michael Frick, (717) 787-1057 Bureau of Commissions, Elections and Legislation Winter 2000, as proposed. The Department proposes to eliminate outdated references to campaign finance reporting forms. The amendments will be proposed pursuant to the Campaign Expense Reporting Law (25 P. S. § 3241 et seq) Richard Filling, (717) 787-5280 State Athletic Commission
58 Pa. Code, Chapter 21Winter 2000, 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.A. § 101 et seq). Greg Sirb (717) 787-5720 Navigation Commission for the Delaware River and Its Navigable Tributaries--13 Pa. Code Ch. 201--209. Winter 2000, 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). L. Lawrence 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. April 2000, as final. The regulations provide for civil penalties for violations pertaining to the conduct or operation of a business or facility licensed by the Boards. Statutory authority: 63 P. S. § 2205(a). Beth Sender Michlovitz (717) 783-7200 State Board of Auctioneer Examiners--chedule of Fees-- 49 Pa. Code § 1.41. February 2000, as proposed. The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 734.6. Linda Dinger (717) 783-3397 State Board of Barber Examiners--General Revisions-- 49 Pa. Code, Chapter 3.
Verification/Certification Fees-- 49 Pa. Code § 3.103.April 2000, as proposed.
April 2000, as final.The Board proposes to revise and update its entire chapter and repeal antiquated provisions. Statutory authority: 63 P. S. § 566.4(b).
This regulation apportions costs of providing Board services to specific applicants and licensees Statutory authority: Section 14 of the Barber License Law, 63 P. S. § 564.Sara Sulpizio (717) 783-3402 State Board of Chiropractic-- Sexual Misconduct--49 Pa. Code § 5.54.
Application Fees--49 Pa. Code § 5.6.Summer 2000, as proposed.
February 2000, as proposed.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).
This regulation apportions costs of providing Board services to specific applicants and licensees. Statutory authority: 63 P. S. §§ 625.302(3) and 625.1101.Deb Smith (717) 783-7156 State Board of Cosmetology Application Fees--49 Pa. Code § 7.2 June 2000, as final. The regulation amends the Board's fee schedule by revising fees to reflect the actual cost incurred by the Board to provide the following services: licensure of cosmetologist, manicurist or cosmetician; licensure of cosmetology, manicurist or cosmetician shop; licensure of cosmetology school, licensure by reciprocity; registration of cosmetology apprentice; approval of cosmetology school supervisor; change in cosmetology shop (inspection required); and reinspection of cosmetology shop. New fees are added to include reinspection of cosmetology school; certification of student or apprentice training hours; certification of examination scored; and verification of licensure, registration permit or approval. Statutory authority: 63 P. S. § 522(a). Sara Sulpizio (717) 783-7130 State Architects Licensure Board--Fees--49 Pa. Code § 9.3.
Completion of Architectural Work Initiated by a Deceased Architect--49 Pa. Code Chapter 9.Spring 2000, as final.
Summer 2000, as proposed.The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. §§ 34.6(d) and 34.11.
The new regulation is needed because the current regulations pertaining to the architect's seal do not provide adequate guidance as to allowable procedures for completion of a deceased architect's work. Statutory authority: 63 P. S. §§ 34.6(b), 34.6(d) and 34.12.Dorna Thorpe (717) 783-1404 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, Chapter 11.
Peer Review--49 Pa. Code, §§ 11.81--11.86.
Fees--49 Pa. Code § 11.4.April 2000, as proposed.
April 2000, as proposed.
May 2000, as proposed.
April 2000, as final.
April 2000, as proposed.The regulations require approved continuing education program sponsors to renew their 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 establishes requirements for licensees who 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 repeal outdated requirements in compliance with 1997 amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.3(10)--(12).
The regulations clarify deadlines for peer review compliance; establish qualifications for peer review administering organizations, peer review team captains, and peer reviewers; adopt peer review standards; prescribe conditions for out-of-state peer reviews of multi-state firms; provide for confidentiality of peer review reports; and define relevant terms. The regulation implements 1997 amendments to the C.P.A. Law. Statutory authority: 63 P. S. §§ 9.8h and 9.8i.
The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 9.6.Dorna Thorpe (717) 783-1404 State Board of Funeral Directors--Application/
Certification/Verification/
Reinspection Fees--49 Pa. Code § 13.12.Winter 2000, as proposed. The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: Section 18.1 of the Funeral Director Law, act of January 14, 1952 (P. L. 1951-1898, No. 522), as amended, 63 P. S. § 479.18.1. Cheryl Lyne (717) 783-3397 State Board of Landscape Architects--Continuing Education--49 Pa. Code §§ 15.71--15.83.
February 2000, as final. The amendments establish procedures and standards for continuing education as a condition of biennial renewal pursuant to 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. Shirley Klinger (717) 772-8528 Application Fees--49 Pa. Code §§ 15.12, 15.57. February 2000, as final. The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Section 5 of the Law, 63 P.S. § 905, requires the Board to adopt fees by regulation to match Board revenues with expenditures. State Board of Medicine-- Sexual Misconduct--49 Pa. Code, Chapter 16.
Certified Registered Nurse Practitioners (CRNPs)--49 Pa. Code § 18.21.
General Delegation--49 Pa. Code, Ch. 16.
Fees--49 Pa. Code §§ 16.13, 16.17, 18.303.
Health Care Services Malpractice Act--49 Pa. Code § 16.32.Spring 2000, as proposed.
Fall 2000, as final.
June 2000, as proposed.
June 2000, as proposed.
June 2000, 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. The Board has authority to adopt regulations necessary to carry out the act under Section 8 of the Medical Practice Act, Act of December 20, 1985, P. L. 457, as amended, 63 P. S. § 422.8.
The Board will collaborate with the State Board of Nursing for joint promulgation of standards and criteria by which CRNPs could write prescriptions for medical therapeutic measures. Prescriptive authority of the CRNP is provided under Section 15 of the Medical Practice Act, 63 P. S. § 422.15.
This regulation would establish standards for the delegation of medical services to qualified personnel. Statutory authority: Section 17(b) of the Medical Practice Act, 63 P. S. § 422.17(b).
The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. The Board has authority to adopt such regulation under Section 6 of the Medical Practice Act, 63 P. S. § 422.6.
The General Assembly amended the Health Care Services Malpractice Act to increase malpractice insurance coverage requirements. The Board's regulations are out of date regarding these amounts. The Board plans to delete the duplication of the statutory dollar amounts and instead provide reference to the statute. Statutory authority: 40 P. S. §§ 1301.101--1301.1006.Cindy Warner (717) 783-1400 State Board of Vehicle Manufacturers, Dealers and Salespersons--Verification/Certification Fees--49 Pa. Code § 19.4. Spring 2000, as final. This regulation apportions costs of providing Board services to specific applicants and licensees, pursuant to Section 30 of the Board of Vehicles Act, Act of December 22, 1983 (P. L. 306, No. 84), as amended, 63 P. S. § 818.30. Teresa Woodall (717) 783-1697
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