NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[32 Pa.B. 5145] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, September 26, 2002, and took the following actions:
Regulations Approved
Insurance Department #11-209: Privacy of Consumer Health Information (adds 31 Pa. Code Chapter 146b)
Insurance Department #11-204: Safeguarding Insurer Securities (deletes 31 Pa. Code Chapter 148 and replaces it with new Chapter 148a)
State Board of Education #6-278: Academic Standards and Assessment, High School Graduation Requirements (amends 22 Pa. Code § 4.24)
Department of Health #10-159: Drug and Alcohol Facilities and Services (deletes Chapter 263, amends Chapter 701 and adds Chapter 715 to 28 Pa. Code)
Approval Order Public Meeting held
September 26, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by proxy; Arthur Coccodrilli; Robert J. Harbison, III
Insurance Department--Privacy of Consumer Health Information; Regulation No. 11-209
On March 4, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking adds 31 Pa. Code Chapter 146b. The proposed regulation was published in the March 16, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 13, 2002. On August 29, 2002, the Department simultaneously tolled and resubmitted the regulation to clarify one subsection. On September 5, 2002, the Department simultaneously withdrew and resubmitted the regulation to correct a wording error.
This regulation requires that insurers obtain authorization from a consumer prior to disclosing the consumer's nonpublic personal health information. The regulation is based on the National Association of Insurance Commissioners Model Privacy of Consumer Financial and Health Information regulation.
We have determined this regulation is consistent with the statutory authority of the Department (40 P. S. § 1171.2) 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.
Approval Order Public Meeting held
September 26, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by proxy; Arthur Coccodrilli; Robert J. Harbison, III
Insurance Department--Safeguarding Insurer Securities; Regulation No. 11-204
On April 1, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking deletes 31 Pa. Code Chapter 148 and replaces it with new Chapter 148a. The proposed regulation was published in the April 13, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 5, 2002.
This regulation prescribes permissible methods of holding securities owned by various types of insurers regulated by the Department. It also prescribes the requirements of the custodial agreements under which the securities are held.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. §§ 66, 186, 411 and 412) 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.
Approval Order Public Meeting held
September 26, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by proxy; Arthur Coccodrilli; Robert J. Harbison, III
State Board of Education--Academic Standards and Assessment, High School Graduation Requirements; Regulation No. 6-278
On August 30, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Education. This rulemaking amends 22 Pa. Code § 4.24. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This rulemaking deletes the requirement that school districts place seals of proficiency or distinction on the high school diplomas of students who score at certain levels on the Pennsylvania System of School Assessment (PSSA) tests. School districts will now be required to issue certificates of proficiency or distinction to students who score at those levels on the PSSA tests. School districts will also be required to place PSSA scores on student transcripts.
We have determined this regulation is consistent with the statutory authority of the State Board of Education (24 P. S. § 26-2603-B(k) and § 32 of Act 88 of 2002) 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.
Approval Order Public Meeting held
September 26, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by proxy; Arthur Coccodrilli; Robert J. Harbison, III
Department of Health--Drug and Alcohol Facilities and Services; Regulation No. 10-159
On July 19, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking deletes Chapter 263, amends Chapter 701 and adds Chapter 715 to 28 Pa. Code. The proposed regulation was published in the July 29, 2000, Pennsylvania Bulletin with a 30-day public comment period. A final-form regulation was originally submitted on August 20, 2002. On August 26, 2002, the Department withdrew this final-form regulation and simultaneously resubmitted the final-form regulation to the Commission.
This regulation amends the process for approving and monitoring narcotic treatment programs and facilities. The amendments address changes in Federal programs and clinical treatment methods since the original regulations were implemented 25 years ago. There are approximately 30 licensed and approved narcotic treatment programs in the Commonwealth, serving an estimated 9,000 individuals. All will be required to comply with the proposed regulation.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 1690.104(j)) 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. 02-1795. Filed for public inspection October 11, 2002, 9:00 a.m.]
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