[34 Pa.B. 3468]
[Continued from previous Web Page]
Regulation Being
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact GENERAL SERVICES Responsibility
4 Pa. Code, Chapter 60Fall, 2004, as proposed This chapter must be amended to conform with the legislative changes required by Act 57 and to provide for uniform Commonwealth agency debarment and suspension procedures. Mary B. Seiverling
(717) 772-2749Instructions to Bidders
4 Pa. Code, Chapter 61Summer, 2004, as final This chapter has been superseded and should be repealed because such instructions should not be set out in regulatory form. There is a need for flexibility which can be of benefit to the Department as well as bidders. Mary B. Seiverling
(717) 772-2749General Conditions of the Construction Contract
4 Pa. Code, Chapter 63Summer, 2004, as final This chapter has been superseded and should be repealed because contract conditions should not be set out in regulatory form. There is a need for flexibility that can be of benefit to the Department as well as bidders. Mary B. Seiverling
(717) 772-2749State Art Commission
4 Pa. Code, Chapter 65Summer, 2004, as final The legislation creating the State Art Commission was sunsetted. Mary B. Seiverling
(717) 772-2749Emergency Construction Repairs
4 Pa. Code, Chapter 67Winter, 2004, as proposed The regulation should be amended to more accurately reflect present practice and to delete contract provisions. Such provisions should not be in regulatory form and their deletion will serve the same purpose as noted for Chapter 61. Mary B. Seiverling
(717) 772-2749Contract Compliance
4 Pa. Code, Chapter 68Winter, 2004, as proposed Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services. Mary B. Seiverling
(717) 772-2749Commonwealth Parking Facilities
4 Pa. Code, Chapter 71Fall, 2004, as proposed Amendments are required because parking locations have been changed. Mary B. Seiverling
(717) 772-2749Commonwealth Automotive Fleet
4 Pa. Code, Chapter 73Fall, 2004, as proposed The regulation will be amended to eliminate the requirement for a Pennsylvania license to drive a state vehicle and will permit out-of-state licenses. Mary B. Seiverling
(717) 772-2749Processing Subscriptions and Sales of Pennsylvania Code and Related Publications
4 Pa. Code, Chapter 81Fall, 2004, as final omitted These regulations should be repealed since the Department of General Services' Bureau of Management Services no longer has responsibility for the processing of subscriptions and orders for the Pennsylvania Code. Mary B. Seiverling
(717) 772-2749Metrology Calibration Fees
4 Pa. Code, Chapter 90Summer, 2004, as proposed New regulations required to allow Department of General Services to charge fees as authorized by Act No. 1996-155 § 4123 for metrology laboratory calibration, type evaluation and other testing services performed by the Pennsylvania Standards Laboratory. Mary B. Seiverling
(717) 772-2749Service of Process on General Services Summer, 2004, as proposed New regulation to require that legal process for suits against DGS be served on Chief Counsel's office. Mary B. Seiverling
(717) 772-2749HEALTH
Health Facility Licensure--General & Special Hospitals & Health Planning
28 Pa. Code § 301.1 et seq.
28 Pa. Code § 401.1 et seq.December 2004, as final-omitted. Existing regulations in chapters on health planning (federal program and certificate of need) will be repealed as statutory authority for both chapters has terminated. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b. James T. Steele, Jr.
717-783-2500Health Facility Licensure--General Administrative Chapter & General and Special Hospitals
28 Pa. Code § 101.1 et seq.April 2004, as proposed. The amendments to existing regulations will update the licensure requirements for hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b. James T. Steele, Jr.
717-783-2500Communicable Diseases
28 Pa. Code § 27.1 et seq.September 2004, as proposed. The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21. Yvette M. Kostelac
717-783-2500Public Bathing Place Lifeguard Requirements
28 Pa. Code §§ 18.1 and 18.42September 2004, as final. The amendments to existing regulations will provide lifeguard requirements for recreational swimming establishments, and add requirements for lifeguard certification and factors to be considered in determining adequate lifeguard coverage. Pursuant to Act 75 of 1998, amending 35 P. S. §§ 672--680 (the Public Bathing Law). Stephanie Michel-Segnor
717-783-2500Bacterial Monitoring of Public Bathing Beaches
28 Code §§ 18.1, 18.28, 18.30 and 18.31June 2004, as final. The amendments to existing regulations will extend the level of testing required for coastal beaches on the Great Lakes, pursuant to federal legislation, to all public bathing beaches in Pa. The amendments also add a requirement of public notice of beach closures pursuant to the Public Bathing Law, 35 P. S. §§ 672--680(d). Stephanie Michel-Segnor
717-783-2500Head Injury Program December 2004, as proposed. The amendments to existing regulations will address client enrollment and provider issues. Crystal Fox
717-783-2500Controlled Substances, Drugs, Devices and Cosmetics
28 Pa. Code § 25.72July 2004, as proposed. The amendments to existing regulations will add five substances to the list of Schedule I Controlled Substances to allow for enforcement and prosecution under the Controlled Substances, Drugs, Devices and Cosmetics Act of the illegal manufacturer, distribution, sale and use of these substances. Keith B. Fickel
717-783-2500HOUSING FINANCE AGENCY
No regulations being developed or considered at this date. INFRASTRUCTURE INVESTMENT AUTHORITY 25 Pa. Code §§ 963.12(a)(6) and (7) 963.13(b) 2, 963.15(a), and 25 Pa. Code § 965.4((9). Fall 2005 PENNVEST recommends the following revisions:
(1). Delete Sections 963.12(a) (6) and the second sentence of Section 963.13(b)(2) thereby allowing PENNVEST to provide financial assistance (loan or grant) for costs associated with the development of an approvable official sewage plan under the Sewage Facilities Act, 35 P. S. § 750.1 et seq. While PENNVEST has always construed these costs to be encompassed with in the statutory definition of ''eligible cost'' (35 P. S. § 751.3), the agency chose as a matter of policy not to fund this planning process because the Pennsylvania Department of Environmental Protection already provided grant funds for 50% of these costs. PENNVEST is revising its policy because the agency is concerned that, in some instances, needed projects are unable to move forward in a timely manner due to a lack of funds to conduct this necessary planning. PENNVEST, therefore, is removing the impediment to funding imposed by the above regulatory provisions.
(2). Delete 25 PA Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge's whether the project is sponsored by a public or private actor. While PENNVEST has historically allowed these costs for public facilities provided the profits were used to reduce system user costs it has not allowed financial assistance for such processes for private facilities. PENNVEST is revising its policy because it wants to support innovative solutions and aid economic development rather than stifle them. In order to further these objectives, PENNVEST is removing the impediment to funding imposed by the above regulatory provision.
(3). Amend 25 Pa. Code § 963.15(a) by revising the first sentence to read in its entirety: ''The term of the loans shall normally be twenty years beginning on the date construction is completed or three years from of the date of loan closing, whichever occurs first.'' This amendment provides a level loan repayment and a defined term at loan closing (normally twenty years). Under the old policy the loan term was determined sometime in the future after construction closed out. Consequently, under the old policy a Borrower with a project that took two years to construct would have had only eighteen years to repay the loan. Under the new policy the repayment term would be twenty years plus two years of interest only payments to provide for construction.
(4). Amend 25 Pa. Code § 965.4 (9) to place a period after the word ''Board'' and delete the remainder of the sentence. This amendment allows those costs associated with the acquisition of land under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to be financed by PENNVEST. This change is necessary to reflect a shift in policy by the Environmental Protection Agency and the desire of PENNVEST to take advantage of the policy shift to finance such costs.Jayne B. Blake
(717)-783-6776INSURANCE
Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61 Fall 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Private Passenger Automobile Policy Forms, 31 Pa. Code, Chapter 64, §§ 64.1--64.14 Fall 2004, as proposed. Repeal pursuant to Executive order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1--9 Winter 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Disclosure in Solicitation of Life Insurance, 31 Pa. Code, Chapter 83, §§ 83.1--57 Winter 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Senior Protection in Annuity Transactions
(NEW Chapter 83a)Fall 2004, as proposed. New regulation setting forth standards and procedures for recommendation to senior consumers involving annuity transactions. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Annuity Disclosure,
(NEW Chapter 83b)Winter 2004, as proposed. A new regulation to eliminate misleading illustrations, make illustrations more understandable and to standardize the disclosure statement language to be use with the selling of annuities. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42 Winter 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Life Insurance Illustrations
(New Chapter 87a)Winter 2004, as proposed. Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Individual Accident & Sickness Minimum Standards, 31 Pa. Code, Chapter 88, §§ 88.1--88.195 Winter 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Preparation of Forms, 31 Pa. Code, Chapter 89, §§ 89.12--16, 89.18--89.62 Winter 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Prior Approval of Forms Required, 31 Pa. Code, Chapter 89, § 89.101 Winter 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Preparation of Filing of Property and Casualty Forms for Approval, 31 Pa. Code, Chapter 133, §§ 133.1--133.12 Fall 2004, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Description of Reserves--Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3 Winter 2004, as proposed Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1--146.10 Fall 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Standards for Safeguarding Customer Information, NEW 31 Pa. Code, Chapter 146c, 146c.1--146c.11 Summer 2004, as final. NEW. This implements the third part of the NAIC model privacy regulation with respect to safeguarding customer information. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Annual Audited Insurers' Financial Report Required, 31 Pa. Code, Chapter 147 Summer 2004, as final. Amend to prohibit a person or firm from being recognized as a qualified independent certified public accountant if the person or firm has entered into an agreement of indemnity or release from liability with respect to an audit of an insurer. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Continuing Care Providers, 31 Pa. Code, Chapter 151, § 151.7 Summer 2004, as final. Amend one section in conjunction with Chapter 147 in order for the regulations to be consistent. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Property and Casualty Actuarial Opinion (NEW) Winter 2004, as proposed. New regulation to require property and casualty insurers to annually submit an Actuarial Opinion Summary of the Actuarial Report on loss and loss adjustment expense reserves, including information on the opining actuary's best estimate and/or range of reasonable estimates. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Medical Catastrophe Loss Fund, 31 Pa. Code, Chapter 242 §§ 242.1--242.18 Summer/Fall 2004, as proposed. Amend the regulation to be consistent with the statute. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Health Maintenance Organizations, 31 Pa. Code, Chapters 301, §§ 301.1--301.126 Winter 2004, as proposed. Amend pursuant to Executive order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Premium Finance Companies (NEW chapter) Winter 2004, as proposed. New regulation addressing issues pertaining to Premium Finance Companies. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Viatical Regulations (NEW chapter) Fall 2004, as proposed. New regulation addressing issues pertaining to the Licensing of Viatical Brokers. Peter J. Salvatore, Regulatory Coordinator
717-787-4429LABOR AND INDUSTRY
Uniform Construction Code (UCC) regulations. Title 34, Chaps. 401--405. Bureau of Occupational and Industrial Safety Submission of amendments in Spring 2004 Act 45 of 1999, providing for a uniform statewide building code, requires department to promulgate regulations. Proposed rulemaking will make amendments reflecting legislative amendments since UCC enactment in April 2004 and to clarify utility coverage. Jon Balson
717-787-3323Repeal of mine and excavation regulations, Title 34, Chap. 33, Bureau of Occupational and Industrial Safety. Submit final-omitted regulation in Summer 2004. Will revoke Labor and Industry's authority to regulate mines and excavations. The Department of Environmental Protection now has this authority. Edward Leister
717-787-3323Boiler requirements, Title 34. Bureau of Occupational and Industrial Safety. Submit proposed rulemaking in Summer 2004. The regulations will update requirements for boilers and unfired pressure vessels in accordance with the Boiler and Unfired Pressure Vessel Law. Edward Leister
717-787-3323Liquefied Petroleum Gas, Title 34. Bureau of Occupational and Industrial Safety. Submit proposed rulemaking in Fall 2004. Will enact the Propane and Liquefied Petroleum Gas Act passed in June 2002. Will govern the design, installation and construction of containers and equipment for storage and handling of liquefied petroleum gas, specify the odorization of the gases and establish guidelines for the processing and technologies that are not covered by industry standards. Edward Leister
717-787-3323Business Enterprise Program, Title 34. Bureau of Blindness and Visual Services Submit proposed rulemaking in Fall 2004. Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws. Mark Frankel
717-787-3667Prevailing Wage Appeals Board (PWAB), Title 34, Chap 213. Submit proposed rulemaking in Fall 2004. PWAB will amend its regulations to reduce paperwork requirements and improve/streamline procedures. Richard C. Lengler
717-783-9288Flammable and Combustible Liquids, Title 37, Chap. 13. Bureau of Occupational and Industrial Safety. Submit proposed rulemaking in Fall 2004. Amendment to Flammable and Combustible Liquids regulation setting standards for unattended self-service gasoline dispensing. National Fire Protection Association standards will be incorporated. Doug McAdam
717- 787-4713Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Benefits Submit proposed rulemaking in Summer 2004. Update requirements and procedures for filing benefit and claim applications. Jeri Morris
717-787-6337Office of Unemployment Compensation Tax Services, Title 34, Chapters 61 and 63 Submit proposed rulemaking in Fall 2004 Update regulations on administration and employer responsibilities to reflect changes in law and procedures. Sue Babski
717-772-0634Bureau of Workers' Compensation
Title 34, Chapter 121Submit proposed rulemaking in Fall 2004. Updating regulations concerning processing of claims forms/petitions to reflect changes in law and technology. Jack Kupchinsky
717-783-5241Bureau of Workers' Compensation, Title 34, Chapter 127, Medical Cost Containment Submit proposed rulemaking in Fall 2004. Update processes governing medical care and costs under the Workers' Compensation Act. Eileen Wunsch
717-772-1912Bureau of Workers' Compensation, Title 34, Chapter 123 Submit proposed rulemaking Summer 2004. Update procedures for qualifications of vocational experts to reflect passage of Act 53. Jack Kupchinsky
717-783-5241MILITARY AND VETERANS AFFAIRS
State Veterans Home
43 Pa. Code Section 7.1 et seqOctober 2004, 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. Dennis T. Guise
717-861-8503PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
See Public School Employees' Retirement System. PROBATION AND PAROLE The County Probation and Parole Officers Firearms Education and Training Law 61 P. S. § 332.5(13) requires the Commission to ''make rules and regulations and to perform other duties as may be reasonably necessary or appropriate to implement the training program for county probation and parole officers.'' The proposed regulation will be published in the Pennsylvania Bulletin in the fall of 2004. The County Probation and Parole Officers' Education and Training Commission is in the process of promulgating these regulations and anticipates the completion of proposed regulations by Fall 2004 for publication in the Pennsylvania Bulletin. Chester Cope
717-772-4185PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
22 Pa. Code
Chapter 215Publication anticipated within 2--3 months This proposal is being made to amend 22 Pa. Code, Chapter 215 and would delete the transitional provisions for electing to participate in an optional alternate retirement plan contained in § 215.36. The provision is no longer needed, and may conflict with current Retirement Code provisions. Frank Ryder
(717) 720-4733PUBLIC WELFARE
Personal Care Homes
55 Pa. Code Chapters 2600, 2620December 2004, as final This regulation strengthens health and safety requirements for personal care homes. Ruth O'Brien
(717) 783-2800Administration of County Children and Youth Programs
55 Pa. Code Chapter 3130February 2005, as proposed This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the 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. Ruth O'Brien
(717) 783-2800Subsidized Child Day Care Eligibility
55 Pa. Code Chapter 3040July 2004, as proposed This regulation clarifies and revises the eligibility requirements for child day care subsidy. Ruth O'Brien
(717) 783-2800Administration and Operation of a Children and Youth Social Services Agency
55 Pa. Code Chapter 3680July 2005, as proposed This regulation incorporates the changes identified in the Child and Family Services Review, including requirements for visitation with fathers and non-custodial parents and between siblings; concurrent planning; improving permanency outcomes for children; and preserving connections with family and community for children placed out of the home. Ruth O'Brien
(717) 783-2800Workfare/Community Service
55 Pa. Code Chapters 166, 275March 2005, as proposed This regulation clarifies who may be assigned and the priority and factors to be considered in making Workfare program assignments. The regulation also defines responsibilities of county assistance offices and project operators regarding participation expenses and program requirements and provides for grievance rights for Workfare recipients and regular employees. Provisions of Act 1995-20 will also be incorporated into this regulation. This regulation will be reviewed by representatives of community legal services agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800Real Property Liens
55 Pa. Code Chapters 101, 121, 177, 183, 257, 297July 2005, 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 (relating to Reimbursement). Instead, the Department will propose a new chapter governing reimbursement policy for cash assistance recipients and applicants who own personal property. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800Criminal History
55 Pa. Code Chapters 125, 133, 141March 2005, 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800Medical Support Rights
55 Pa. Code Chapter 187March 2005, 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800Food Stamp Disqualification Penalties
55 Pa. Code Chapter 501February 2005, as proposed 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 client advocacy groups. Ruth O'Brien
(717) 783-2800Family Violence Option
55 Pa. Code Chapter 187March 2005, as proposed This regulation codifies the provision in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, establish service plans, provide universal notification and make appropriate referrals to social service agencies. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800Increases in Payment for Burial and/or Cremation
55 Pa. Code Chapter 285March 2005, as final-form This regulation codifies an increase to the maximum payment for burial and/or cremation for eligible persons. A deceased 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800Medical Assistance for Workers with Disabilities
55 Pa. Code Chapter 140October 2004, as proposed This regulation provides Medicaid benefits to Workers with Disabilities (MAWD) who would otherwise not be eligible, effective January 1, 2002. The Ticket to Work and Work Incentives Improvement Act of 1999 (P. L. 106-170) gave states the option of providing categorically needy Non-Money Payment Medicaid benefits to workers with disabilities who have higher incomes and resources than the current Medicaid standards. Pennsylvania exercised this option by passing Act 2001-77 of June 26, 2001 (P. L. 755), also known as the Tobacco Settlement Act, which establishes MAWD. MAWD is intended to provide individuals with disabilities the opportunity to enter and remain in the workforce while receiving Medicaid coverage. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, disability advocacy organizations and other client advocacy groups. Ruth O'Brien
(717) 783-2800Breast and Cervical Cancer Prevention and Treatment Program
55 Pa. Code Chapter 140October 2004, as proposed This regulation provides Medicaid benefits to individuals diagnosed with Breast and Cervical Cancer, effective January 1, 2002. The BCCPT Act of 2000 amended Title XIX of the Social Security Act by giving states the option of providing full Medicaid benefits to a new group of individuals. This regulation provides Medical Assistance for women who have breast and cervical cancer, including pre-cancerous conditions of the breast and cervix, in addition to full Medicaid benefits. Specifically, uninsured and underinsured women under the age of 65, screened and diagnosed with either breast or cervical cancer, including pre-cancerous conditions of the breast or cervix, by a provider or facility funded in full or part by the Centers for Disease Control and Prevention under its National Breast and Cervical Cancer Early Detection Program, will be eligible for Medicaid benefits. Pennsylvania has chosen the Department of Health Healthy Woman Project as the screening entity for this program. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, professional medical organizations and other client advocacy groups. Ruth O'Brien
(717) 783-2800Semi-annual Budgeting
55 Pa. Code Chapters 142, 168, 175, and 183March 2005, as proposed This regulation will change the manner of reporting and adjusting earned income for employed clients. Reporting of earned income will be required for specific periods within six-month intervals. Benefits will be adjusted on a post-adjustment basis so that income reported for period A will affect benefits received in period B, etc. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800Medical Assistance Changes (MAC)
55 Pa. Code Chapters 133, 140, 141, 178 and 181February 2005, as proposed This regulation incorporates eligibility requirements for Temporary Assistance for Needy Families (TANF)-related, Supplemental Security Income (SSI)-related and General Assistance (GA)-related Medicaid. Some of the major changes include revisions to: 1) the application and redetermination process; 2) the qualification requirements and eligibility rules for Healthy Beginnings; 3) the income eligibility methodologies for TANF-related categories of Medicaid; 4) the income and resource requirements for the Medicaid Program; 5) Extended Medical Coverage to include provisions as set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1966 (PRWORA); 6) the GA-related Nonmoney Payment (NMP) and Medically Needy Only (MNO) eligibility criteria as set forth in Act 35; 7) the qualifying criteria for TANF-related categories to include a new eligibility group as set forth in § 1931 of the Social Security Act. Ruth O'Brien
(717) 783-2800Time Out Benefits
55 Pa. Code Chapter 281July 2004, as final The current regulation sunsets July 1, 2004. The Department plans to readopt the existing regulation to allow continuation of the Time Out program which benefits cash assistance recipients by allowing them to ''stop the clock'' for purposes of applying the 60-month limitation for the receipt of benefits under the Temporary Assistance to Needy Families (TANF) program. Ruth O'Brien
(717) 783-2800Early and Periodic Screening Diagnosis Treatment (EPSDT)
55 Pa. Code Chapters 1101, 1121, 1123, 1147, 1241December 2005, 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 State Plan. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Medical Assistance Case Management Services
55 Pa. Code Chapter 1239March 2005, as proposed This 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 Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800OMNIBUS MA
55 Pa. Code Chapters 1101, 1121, 1149December 2005, 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 also 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. In addition, this 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 Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800OMNIBUS Pharmacy
55 Pa. Code Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243October 2004, 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 also 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 was reviewed by the Medical Assistance Advisory Committee in 2001. Ruth O'Brien
(717) 783-2800Residential Treatment Facilities (RTF) for Mental Health Services
55 Pa. Code Chapters 1157, 1165July 2005, as proposed 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 was reviewed by the Medical Assistance Advisory Committee on 3/28/02. The Department received comments from 6 agencies. Revised regulations are under review by the Department. Ruth O'Brien
(717) 783-2800Physician Assistant/Midwife
55 Pa. Code Chapter 1141December 2004, as final omitted This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Discontinuance of the Mandatory Second Opinion Program
55 Pa. Code Chapter 1150September 2004, as final omitted This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Capital Component Payment for Replacement Beds
55 Pa. Code Chapter 1187July 2005, as proposed This regulation takes the policy as set forth in the Statement of Policy published at 27 Pa.B. 6238 (November 29, 1997) and promulgates it into the regulations. This regulation will specify the conditions under which the Department will recognize nursing facility beds as replacement beds for purposes of making capital component payments for those beds. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800New Definition of ''Emergency Medical Condition''
55 Pa. Code Chapters 1101, 1141, 1150, 1221March 2005, as proposed This 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 Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Definition of Medically Necessary
55 Pa. Code Chapter 1101March 2005, as proposed This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. This regulation was reviewed on 9/21/01 by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Tobacco Cessation and Nutritional Supplements
55 Pa. Code Chapter 1121October 2004, as final omitted This final regulation will provide coverage under the Medical Assistance Program for tobacco cessation products and counseling services and will extend coverage for nutritional supplements to eligible Medical Assistance recipients 21 years of age and older. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Dental Services
55 Pa. Code Chapter 1149March 2005, as final omitted This final regulation will provide coverage for crown core build-up and will revise the Medical Assistance Orthodontia Program. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Preadmission Requirements for Nursing Facility Services
(Mandatory 12 month spend-down)
55 Pa. Code Chapter 1187February 2005, as proposed This regulation will require nursing facilities to have all individuals applying for nursing facility services, evaluated by the Department or an independent assessor if it is likely that the applicant will use Medical Assistance as a payer source within 12 months of admission. The purpose of this regulation is to allow an individual to remain in the community by delaying or eliminating the need for admission to a nursing facility. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Penile Prosthesis
55 Pa. Code Chapters 1141, 1163,September 2004, as proposed This regulation revises the current § 1141.59(8) non-compensable services and § 1163.59(a)(4) noncompensable services, items and outliers days. Ruth O'Brien
(717) 783-2800Extension of County Transition Payments and Double Disproportionate Share
55 Pa. Code Chapter 1187December 2004, as final omitted This regulation will extend the county nursing facility transition rates for the period July 1, 2003, through June 30, 2008, and will increase the disproportionate share incentive payments to qualified nursing facilities for the period July 1, 2003 through June 30, 2007. The disproportionate share incentive payment shall be increased to equal two times the disproportionate share per diem incentive calculated in accordance with 55 Pa. Code Chapter 1187 § 1187.111(c). This regulation will be reviewed by the Medical Assistance Advisory Committee. These changes are made in accordance with the Intergovernmental Transfer Agreements. Ruth O'Brien
(717) 783-2800MA Day of Care
55 Pa. Code Chapter 1187July 2004, as proposed The regulation will revise the definition of an MA day of care to include days of care for which an MCO under contract with the Department or LTCCAP provider pays 100 percent of the negotiated rate or fee for the MA resident's care in a nursing facility and days of care for which the resident and an MCO under contract with the Department or LTCCAP provider pays 100 percent of the negotiated rate or fee for the MA resident's care in the nursing facility. In addition, the regulation will further expand the definition of an MA day of care to include days of care for which the Department makes payment for MA residents receiving hospice services in a nursing facility. Ruth O'Brien
(717) 783-2800Metropolitan Statistical Area (MSA)
55 Pa. Code Chapter 1187July 2004, as proposed The proposed regulation changes the manner in which the Department establishes the peer groups used to set net operating prices under the case-mix payment system. The Department is proposing to change the payment system to specify that it will use the historical MSA group classification issued by the Federal Office of Management and Budget (OMB) in OMB Bulletin No. 99-04 to classify nursing facilities into peer groups. The Federal OMB revised its definitions of MSA and recommended that the definitions not be used for the development or implementation of any Federal, state or local nonstatistical policies without full consideration of the effects that the changes will have on the programs. If the Department adopts the MSA changes, it has been determined that nursing facilities (except hospital-based and special rehabilitation nursing facilities) participating in the MA Program would experience, in the aggregate, a negative impact in their reimbursement rate under the case-mix payment system. Ruth O'Brien
(717) 783-2800Home Health Regulation
55 Pa. Code Chapter 1249February 2005, as proposed The proposed regulation: 1. removes the State requirement that clients be homebound to receive home health agency services. Requiring a client to be homebound is in violation of ''Olmstead Update No. 3'' codified at 42 CFR 440.230(c) and 440.240(b); 2. moves service limitations from the regulations to the fee schedule which will permit program exceptions to the limitations when appropriate. Ruth O'Brien
(717) 783-2800Medical Assistance Provider Appeal Procedures
55 Pa. Code Chapter 31July 2004, as proposed This regulation implements 67 Pa.C.S. § 1106 which provides that the Department's Bureau of Hearings and Appeals, in consultation with an advisory committee, will promulgate regulations establishing rules of procedure governing Medical Assistance Provider appeals. Ruth O'Brien
(717) 783-2800Third Party Liability Programs
55 Pa. Code Chapter 259December 2005, as proposed Section 1902(a)(25) of the Social Security Act (42 U.S.C. § 1396a(a)(25)) requires the Department to develop and implement a TPL program to insure that Medicaid is the payor of last resort. Section 1906 of the Social Security Act (42 U.S.C. § 1396(e)) authorizes the Department to have a special program to enroll certain MA recipients into group health insurance. Both the general TPL program and the special group health insurance program have been in operation in Pennsylvania for a number of years. During this period of operation, questions have arisen as to interpretation and procedures under the Federal and state's statutes. This proposed regulation is needed to supply guidance with respect to issues not directly addressed by the Federal and state statutes, to resolve ambiguities and to fill gaps in the state statutory language. Ruth O'Brien
(717) 783-2800
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