[34 Pa.B. 758]
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Regulation Being
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies, 31 Pa. Code, Chapter 61, §§ 61.1--61.14 Fall 2004, as proposed. Modify regulation consistent with the statute (40 P. S. §§ 1008.1 et seq.). The regulations provide guidance to automobile insurers relating to cancellations and nonrenewals of certain automobile insurance policies, and the available administrative process to secure an administrative review of such terminations. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Private 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 717-787-4429 Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21--28 Fall 2004, as proposed. Amend to make the regulation consistent with statutory requirements. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Replace 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 717-787-4429 Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1--91 Fall 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Disclosure in Solicitation of Life Insurance, 31 Pa. Code, Chapter 83, §§ 83.1--57 Fall 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Annuity Disclosure, (NEW Chapter 83a) Summer 2004, as final. 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 717-787-4429 Senior Protection in Annuity Transactions (New Chapter) Winter/Spring 2004, as proposed. New regulation setting forth standards and procedures for recommendation to senior consumers involving annuity transactions. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Variable Annuity & Accumulation Contracts, 31 Pa. Code, Chapter 85, §§ 85.1--85.40 Fall 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42 Spring 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Life 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 717-787-4429 Individual 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 717-787-4429 Preparation of Forms, 31 Pa. Code, Chapter 89, §§ 89.12--16, 89.18--89.62 Spring 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Prior Approval of Forms Required, 31 Pa. Code, Chapter 89, § 89.101 Spring 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Preparation 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 717-787-4429 Description of Reserves--Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3 Spring 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Unfair 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 717-787-4429 Standards for Safeguarding Customer Information, NEW 31 Pa. Code, Chapter 146c, 146c.1--146c.11 Winter/Spring 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 717-787-4429 Annual Audited Insurers' Financial Report Required, 31 Pa. Code, Chapter 147 Winter/Spring 2004, as proposed. 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 717-787-4429 Continuing Care Providers, 31 Pa. Code, Chapter 151, § 151.7 Winter/Spring 2004, as proposed. Amend one section in conjunction with Chapter 147 in order for the regulations to be consistent. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Funds Held as Security for the Payment of Obligations of Unlicensed, Unqualified Reinsurers, 31 Pa. Code, Chapter 163 §§ 163.1--163.20 Fall 2004, as proposed Amend to update provisions relating to trust agreements and letters of credit. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Medical Catastrophe Loss Fund, 31 Pa. Code, Chapter 242 §§ 242.1--242.18 Spring 2004, as proposed. Amend the regulation to be consistent with the statute. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Health Maintenance Organizations,
31 Pa. Code,
Chapters 301, §§ 301.1--301.126Winter 2004, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Premium Finance Companies (NEW chapter) Summer 2004, as proposed. New regulation addressing issues pertaining to Premium Finance Companies. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Viatical Regulations (NEW chapter) Fall 2004, as proposed. New regulation addressing issues pertaining to the Licensing of Viatical Brokers. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 LABOR AND INDUSTRY
Underground Storage Facilities, Title 34, Bureau of Occupational and Industrial Safety Submit proposed rulemaking in Winter 2003. This regulation will address requirements for natural or man-made caverns used for LPG storage. Edward Leister 717-787-3323 Dry Cleaning, Title 34. Bureau of Occupational and Industrial Safety Addressed through Act 45 regulations. (See Act 45 regulations). 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 Elevators and Lifting Devices, Title 34
Bureau of Occupational and Industrial SafetyAddressed through Act 45 regulations. (See Act 45 regulations). 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. Edward Leister 717-787-3323 Uniform Construction Code (UCC) regulations. Act 45 of 1999. Title 34, Chaps. 401--405. Bureau of Occupational and Industrial Safety IRRC approved final-form regulation on November 20, 2003. Anticipate publication in January 2004. Act 45 of 1999, providing for a uniform statewide building code, requires department to promulgate regulations. The regulation will provide for administration and enforcement of statewide building code. Because this measure in effect repealed the Dry Cleaning Law, Elevator Law and Fire & Panic Act, the regulations under each (including those for Personal Care Homes), will be addressed through Act 45 regulations. Jon Balson 717-787-3323 Repeal of mine and excavation regulations, Title 34, Chap. 33, Bureau of Occupational and Industrial Safety. Submit final-omitted regulation in Winter 2004. Will revoke Labor and Industry's authority to regulate mines and excavations. The Department of Environmental Protection now has this authority. Edward Leister 717-787-3323 Boiler requirements, Title 34. Bureau of Occupational and Industrial Safety. Submit proposed rulemaking in Winter 2004. The regulations will update requirements for boilers and unfired pressure vessels in accordance with the Boiler and Unfired Pressure Vessel Law. Edward Leister 717-787-3323 Liquefied Petroleum Gas, Title 34. Bureau of Occupational and Industrial Safety. Submit proposed rulemaking in Winter 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 717-787-3323 Business Enterprise Program, Title 34. Bureau of Blindness and Visual Services Submit proposed rulemaking in Spring 2004. Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws. Mark Frankel 717-787-3667 Prevailing Wage Appeals Board (PWAB), Title 34, Chap 213. Submit proposed rulemaking expected in Summer 2004. PWAB will amend its regulations to reduce paperwork requirements and improve/streamline procedures. Richard C. Lengler 717-783-9288 Flammable and Combustible Liquids, Title 37, Chap. 13. Bureau of Occupational and Industrial Safety. Submit proposed rulemaking in Spring 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 Spring 2004. Update requirements and procedures for filing benefit and claim applications. Jeri Morris 717-787-3667 Bureau of Workers' Compensation Title 34, Chapter 121 Submit proposed rulemaking in Spring 2004. Updating regulations concerning processing of claims forms/petitions to reflect changes in law and technology. Nathaniel Holmes 717-772-0621 Bureau of Workers' Compensation, Title 34, Chapter 127, Medical Cost Containment Submit proposed rulemaking in Winter 2004. Update processes governing medical care and costs under the Workers' Compensation Act. Eileen Wunsch 717-772-1912 Bureau of Workers' Compensation, Title 34, Chapter 123 Submit proposed rulemaking Spring 2004. Update procedures for qualifications of vocational experts to reflect passage of Act 88 (if needed). Jack Kupchinsky 717-783-5241 MILITARY AND VETERANS AFFAIRS State Veterans Home
43 Pa. Code Section 7.1 et seqOctober 2003, as proposed. This regulation is necessary to update current regulations to 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 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 Pa. Bulletin in the spring 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 March 2004 for publication in the PA Bulletin. Chester Cope 717-772-4185 PUBLIC 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, 2620May 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 3130July 2004, 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 3040April 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 3680December 2004, 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, 275January 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, 297September 2004, 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, 141January 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 187December 2004, 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 501September 2004, 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 187January 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 285June 2004, as proposed 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 140August 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 140August 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 183December 2004, 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 181June 2004, 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 1239January 2005, 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 Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
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