Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 01-1657

NOTICES

INDEPENDANT REGULATORY REVIEW COMMMISSION

Action Taken by the Commission

[31 Pa.B. 5211]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, August 23, 2001, and took the following action:

Regulation Approved:

   Department of Public Welfare #14:445: Medical Assistance Estate Recovery Program (adds 55 Pa. Code Chapter 258)

Commissioners Voting:  John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
August 23, 2001

Department of Public Welfare--Medical Assistance Estate Recovery Program; Regulation No. 14-445

   On July 9, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking adds 55 Pa. Code Chapter 258. The proposed regulation was published in the July 24, 1999, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 29, 2001. On July 19, 2001, the Commission received a request from the Department to toll consideration of this final-form regulation to make a number of technical corrections. On August 6, 2001, the Department submitted its revisions to the final-form regulation to the Commission.

   This final-form rulemaking establishes rules for the operation of the Medical Assistance (MA) Estate Recovery Program (Program). The Program recovers the costs of MA-funded nursing care facility services, home and community-based services and related hospital and prescription drug services from the estates of persons aged 55 or over at the time of death. The proposed regulation is mandated by the Federal Medicaid Program, as well as Act 49 of 1994 and Act 20 of 1995, both omnibus public welfare laws.

   We have determined this regulation is consistent with the statutory authority of the Department (62 P. S §§ 201(2), 1410 and 1412 and 42 U.S.C.A. § 1396p(b)(1)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 01-1657. Filed for public inspection September 7, 2001, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.