Pennsylvania Bulletin

PA Bulletin, Doc. No. 04-218c

[34 Pa.B. 758]

[Continued from previous Web Page]

Regulation Being
Considered Proposed Date
of Promulgation Need and Legal Basis for Action Agency Contact

OMNIBUS MA *
55 Pa. Code Chapters 1101, 1121, 1149 December 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) 783-2800

OMNIBUS Pharmacy*
55 Pa. Code Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243 June 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) 783-2800

Residential Treatment Facilities (RTF) for Mental Health Services*
55 Pa. Code Chapters 1157, 1165 July 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. These comments are currently under review by the Department. Ruth O'Brien
(717) 783-2800

Physician Assistant/Midwife*
55 Pa. Code Chapter 1141 December 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) 783-2800

Discontinuance of the Mandatory Second Opinion Program*
55 Pa. Code Chapter 1150 June 2005, 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) 783-2800

Capital Component Payment for Replacement Beds
55 Pa. Code Chapter 1187 July 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) 783-2800

New Definition of ''Emergency Medical Condition'' *
55 Pa. Code Chapters 1101, 1141, 1150, 1221 July 2004, 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 Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800

Definition of Medically Necessary
55 Pa. Code Chapter 1101 December 2004, 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) 783-2800

Tobacco Cessation and Nutritional Supplements
55 Pa. Code Chapter 1121 June 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) 783-2800

Dental Services
55 Pa. Code Chapter 1149 June 2004, 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) 783-2800

Preadmission Requirements for Nursing Facility Services (Mandatory 12 month spend-down)
55 Pa. Code Chapter 1187 July 2004, 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) 783-2800

Penile Prosthesis
55 Pa. Code Chapters 1141, 1163, December 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) 783-2800

Pharmaceutical Services
55 Pa. Code Chapter 1121 June 2004, as final This regulation revises the rates paid by the Department to pharmacy providers governing payment for and dispensing of brand-name prescription drugs under the fee for service component of the Medical Assistance Program. Ruth O'Brien
(717) 783-2800

Extension of County Transition Payments and Double Disproportionate Share
55 Pa. Code Chapter 1187 July 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.

MA Day of Care
55 Pa. Code Chapter 1187 June 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) 783-2800

Medical Assistance Provider Appeal Procedures
55 Pa. Code Chapter 31 July 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) 783-2800

Third Party Liability Programs
55 Pa. Code Chapter 259 July 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

REVENUE

Construction Contractors
61 Pa. Code, Article II June 2004, as proposed. The regulation will provide an update to the rules regarding contracts with exempt and nonexempt entities. Douglas Berguson 717-346-4633

File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program
61 Pa. Code §§ 117.19--117.21 June 2004, as proposed. The file-by-phone (TeleFile) program involves the filing of a Pennsylvania personal income tax return by phone. 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 Berguson 717-346-4633

Prebuilt Housing
April 2004, as proposed. The regulation codifies legislative changes relating to prebuilt housing that were set forth in Act 23-2000 (72 P. S. §§ 7201(g)(8), (vv)--(zz), 7202(f) and 7204(60)). Douglas Berguson 717-346-4633

Realty Transfer Tax Amendments
61 Pa. Code, Chapter 91 June 2004, as proposed. The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy. Douglas Berguson 717-346-4633

Small Games of Chance Amendments
61 Pa. Code, Part VII June 2004, as proposed. The regulation contains comprehensive amendments to Part VII to incorporate legislative changes made to the Local Option Small Games of Chance Act (10 P. S. §§ 311--328) in 1990 and 2000 and to codify policy and administrative changes regarding games of chance. Douglas Berguson 717-346-4633

Support Offset and Other Personal Income Tax Provisions June 2004, as proposed This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions. Douglas Berguson 717-346-4633

SECURITIES COMMISSION

Rule 144A exchange transactions
64 Pa. Code § 203.203 Proposed Rulemaking
May 2004 The Commission plans to propose a regulation to exempt from registration certain transactions in Rule 144A securities with certain accredited investors. G. Philip Rutledge (717) 783-5130

Investment adviser registration procedures
64 Pa. Code § 303.012 Proposed Rulemaking
May 2004 The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. G. Philip Rutledge (717) 783-5130

Investment adviser capital requirements
64 Pa. Code § 303.042 Proposed Rulemaking
May 2004 The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. G. Philip Rutledge (717) 783-5130

Investment adviser required records
64 Pa. Code § 304.012 Proposed Rulemaking
May 2004 The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. G. Philip Rutledge (717) 783-5130

Investment adviser required financial reports
64 Pa. Code § 304.022 Proposed Rulemaking
May 2004 The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. G. Philip Rutledge (717) 783-5130

Dishonest and unethical practices
64 Pa. Code § 305.019 Proposed Rulemaking
May 2004 The Commission plans to amend this regulation to include those practices which, in the context of investment adviser custody of client funds or securities, would be deemed to be dishonest or unethical. G. Philip Rutledge (717) 783-5130

Investment adviser custody or possession of funds or securities of clients
64 Pa. Code § 404.013 Proposed Rulemaking
May 2004 The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules. G. Philip Rutledge (717) 783-5130

STATE

State Board of
Accountancy
--General Revisions--
49 Pa. Code, Chapter
11. (16A-559)

--CPA Examination--
49 Pa. Code, Chapter
11. (16A-5510)

--Schedule of Civil
Penalties--
49 Pa. Code
§ 43b.10a (16-32)

Spring 2004, as
Proposed.

Spring 2004, as
Final (Proposed-
Omitted)

Spring 2004, as
Proposed

The regulation would clarify certain issues related
to the enforcement of the C.P.A. Law; make
requirements consistent with the language of the
C.P.A. Law; repeal outdated and unnecessary
requirements; and make editorial changes.
Statutory Authority: Section 3 of the C.P.A. Law,
63 P. S. § 9.3.

This proposed regulation would revise examination
requirements as needed to implement the new
computer-based C.P.A. examination and would
repeal unnecessary requirements related to the
administration of the examination. Statutory
Authority: Section 3 of the CPA Law, 63 P. S. § 9.3.

This proposed regulation amends the schedule of
Act 48 civil penalties for violations of the C.P.A.
law and the Board's regulations to correct a
technical error in the authority cited for two
violations. Statutory Authority: Section 5(a) of Act
48 of 1993, 63 P. S. § 2205(a).
Dorna Thorpe
(717) 783-1404

State Architects
Licensure Board
--Definition of Sole
Proprietorship and
Clarification of
Renewal Fee for
Firms--
49 Pa. Code §§ 9.2
and 9.3 (16A-418)

--Schedule of Civil
Penalties--
49 Pa. Code § 43b.21.
(16-32)

Spring 2004, as
Proposed.

Spring 2004, as
Proposed

This regulation is needed to clarify which types of
firm practice are subject to the annual fee for
registered architecture firms. Statutory Authority:
Section 6(a) of the Architects Licensure Law, 63
P. S. § 34.6(a).

This regulation would amend the schedule of Act
48 civil penalties for violations of the Architects
Licensure Law and the Board's regulations.
Statutory Authority: Section 5(a) of Act 48 of 1993,
63 P. S. § 2205(a).
Dorna Thorpe
(717) 783-3397

State Athletic
Commission
--Communicable
Disease Testing--58
Pa. Code §§ 1.1 and
28.1 (16-34)

Spring 2004, as
Proposed

This regulation would expand the Commission's
current regulations that authorize the testing of
boxers for HIV to permit testing for other
communicable diseases, including Hepatitis C.
Statutory Authority: Sections 103(b) and 501 of the
State Athletic Code, 5 Pa.C.S. §§ 103(b) and 501.
Greg Sirb
(717) 787-5720

State Board of
Auctioneer Examiners
--Deletion of
Reference to
Examination
Fees--49 Pa. Code
§ 1.41. (16A-647)

Summer 2004, as
Final.

The regulation would delete references to
examination fees. Statutory Authority: Section 6(a)
of the Auctioneer and Auction Licensing Act, 63
P. S. § 734.6(a).
Tammy Radel
(717) 783-3397

State Board of Barber
Examiners
--Deletion of
Examination Fees--
49 Pa. Code, Chapter
3. (16A-425)

--Ten chair schools--
49 Pa. Code § 3.82
(16A-426)

--Schedule of Civil
Penalties--
49 Pa. Code § 43b.4
(16-32)

Spring 2004, as
Final.

Summer 2004, as
Final.

Spring 2004, as
Proposed

The regulation would delete references to the
licensing examination fees. Statutory Authority:
Section 14 of the Barber's Licensing Law, 63 P. S.
§ 564.

The regulation would reduce the minimum number
of barber chairs and desks and the minimum
square footage requirements for barber schools and
eliminate the requirement of two inspections for
new barber schools. Statutory Authority: Section
15-A.4(b) of the Barbers' Licensing Law, 63 P. S.
§ 566.4(b).

This regulation would amend the schedule of Act
48 civil penalties for violations of the Barbers'
Licensing Law and the Board's regulations.
Statutory Authority: Section 5(a) of Act 48 of 1993,
63 P. S. § 2205(a).
Sara Sulpizio
(717) 783-3402

State Board of
Chiropractic
--Chiropractic
specialties--
49 Pa. Code Ch. 5
(16A-4312)

--Patient records--
49 Pa. Code § 5.51
(16A-4313)

--Volunteer license--
49 Pa. Code § 5.20
(number not yet
assigned)

Spring 2004, as
Proposed.

Summer 2004, as
Proposed.

Spring 2004, as
Proposed.

The Chiropractic Practice Act prohibits licensees
from holding themselves out as specialists unless
they possess a post-graduate certification in that
specialty. The regulation would identify the
certifications acceptable to the Board. Statutory
Authority: Section 302(3) of the Chiropractic
Practice Act, 63 P. S. § 625.302(3).

The regulation would clarify the requirements for
patient records. Statutory Authority: Section 302(3)
of the Chiropractic Practice Act, 63 P. S.
§ 625.302(3).

This regulation is required by the amendments to
the Volunteer Health Services Act under Act 58 of
2002. Statutory Authority: Section 302 of the
Chiropractic Practice Act, 63 P. S. § 625.302.
Deborah Smith
(717) 783-7155

Commissioner, BPOA
--Schedule of Civil
Penalties--
49 Pa. Code §§ 43b.4;
43b.8; 43b.9; 43b.10a
and 43b.11a (16-32)

--Schedule of Civil
Penalties--
49 Pa. Code
§§ 43b.15; 43b.16;
436.17; 43b.18; 43b.19
and 43b.20 (16-29)

Spring 2004, as
Proposed.

Spring 2004, as
Statement of
Policy

The regulation would amend the schedules of civil
penalties for the State Board of Barber Examiners;
State Real Estate Commission; State Board of
Vehicle Manufacturers, Dealers and Salespersons;
State Board of Accountancy; and State Architects
Licensure Board that were previously codified as
regulations under Act 48 of 1993. Statutory
Authority: Section 5(a) of Act 48 of 1993, 63 P. S.
§ 2205(a).

This Statement of Policy would establish Act 48
Civil Penalty Schedules for six additional boards
(State Board of Certified Real Estate Appraisers;
State Board of Examiners in Speech-Language and
Hearing; State Board of Examiners of Nursing
Home Administrators; State Board of Nursing;
State Board of Occupational Therapy Education
and Licensure; and State Board of Medicine).
Statutory Authority: Section 5(a) of Act 48 of 1993,
63 P. S. § 2205(a). Cynthia K. Montgomery
(717) 783-7200

Bureau of
Commissions,
Elections &
Legislation
--Fees for Notary
Services--
(16-33)

Spring 2004, as
Proposed.
This regulation would increase the fees that
notaries are permitted to charge for their services.
An increase has not occurred since February 1984.
Statutory Authority: Sections 21 and 22.3 of the
Notary Public Law, 57 P. S. §§ 167 and 168.3.
Nancy Chavez
(717) 787-5280

Corporations Bureau --UCC Revised Article 9--
(16-35) Spring 2004, as Proposed. This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526. Christal Pike-Nase (717) 787-6802

State Board of
Cosmetology
--Sanitation/
Disinfection--
49 Pa. Code
§§ 7.90--7.101
(16A-454)

--General Revisions--
49 Pa. Code
§§ 7.1--7.142.
(16A-459) (Includes
previous16A-457)

Spring 2004, as
Final.

Fall 2004, as
Proposed.

The proposed regulation would update the Board's
sanitation and disinfection requirements for
manicuring, cosmetician and cosmetology shops
and schools. Statutory Authority: Sections 11 and
14 of the Beauty Culture Law, 63 P. S. §§ 517 and
520.

The Board plans a comprehensive amendment to
Chapter 7 to bring existing regulations up-to-date
and to clarify requirements for sanitation and the
provisions of advanced aesthetic services. Statutory
Authority: Section 11 of the Beauty Culture Law,
63 P. S. § 517. Sara Sulpizio
(717) 783-7130

State Board of
Dentistry
--Administration of
General Anesthesia,
Conscious Sedation
and Nitrous
Oxide/Oxygen
Analgesia--
49 Pa. Code
§§ 33.331--33.344.
(number not yet
assigned)

--Sexual
Misconduct--49
Pa. Code, Chapter 33.
(16A-4613)

--Expanded Function
Dental Assistants--
49 Pa. Code § 33.103.
(16A-4612)

--Volunteer license--
49 Pa. Code § 33.110
(number not yet
assigned)

Spring 2004, as
Proposed.

Fall 2004, as
Final.

Spring 2004, as
Final.

Spring 2004, as
Proposed

This regulation would amend requirements for
administration of anesthesia/analgesic in response
to a Commonwealth Court case and the enactment
of Act 135 of 2002. Statutory Authority: Section
3(o) of the Dental Law, 63 P. S. § 122(o) and
Section 2 of Act 135 of 2002.

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 of a
sexual nature which the Board deems
unprofessional when occurring or resulting from a
professional relationship. Statutory Authority:
Section 3(o) of the Dental Law, 63 P. S. § 122(o).

This regulation would eliminate the clinical
examination component with respect to expanded
function dental assistants. Statutory Authority:
Section 3(o) of the Dental Law, 63 P. S. § 122(o).

This regulation is required to amend the current
regulations to conform to amendments to the
Volunteer Health Services Act made by Act 58 of
2002. Statutory Authority: Section 3(o) of the
Dental Law, 63 P. S. § 122(o).
Lisa Burns
(717) 783-7162

State Board of
Funeral Directors
--Unprofessional
Conduct--
49 Pa. Code § 13.201,
202. (16A-483)

--Advertising--
49 Pa. Code §§ 13.191
to 13.196 (16A-484)

--Application--
49 Pa. Code, Chap. 13
(16A-485)

--Facility--
49 Pa. Code, Ch. 13
(16A-486)

--Qualifications--
49 Pa. Code, Ch. 13
(16A-487) State Board
of Funeral Directors
(cont'd)

--Supervisor--
49 Pa. Code, Chap. 13
(16A-488)

--Continuing
Education--
49 Pa. Code, Ch. 13
(16A-489)

--Limited License--
49 Pa. Code §§ 13.1,
13.12, and 13.77
(16A-4810)

--Forms Review--
49 Pa. Code §§ 13.204
and 13.244
(16A-4813)

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

Fall 2004, as
Final.

Spring 2004, as
Proposed.

Spring 2004, as
Proposed.

The amendment would add to the Board's
standards of practice and conduct. Statutory
Authority: Section 16(a) of the Funeral Director
Law, 63 P. S. § 479.16(a).

These amendments would update the Board's
regulations related to advertising. Statutory
authority: Section 16(a) of the Funeral Director
Law, 63 P. S. § 479.16(a).

This regulation revises the procedures for applying
for licensure as a funeral establishment. Statutory
authority: Section 16(a) of the Funeral Director
Law, 63 P. S. § 479.16(a).

The amendments would update facility
requirements for funeral establishments. Statutory
authority: Section 16(a) of the Funeral Director
Law, 63 P. S. § 479.16(a).

The amendments would update qualifications for
licensure. Statutory authority: Section 16(a) of the
Funeral Director Law, 63 P. S. § 479.16(a).

This regulation amends the procedures for
licensure as a supervisor and clarifies the
responsibilities of a funeral supervisor. Statutory
authority: Section 16(a) of the Funeral Director
Law, 63 P. S. § 479.16(a).

This regulation is being promulgated to comply
with the requirement of Act 48 of 2000 that the
Board adopt regulations to implement continuing
education, as now required by Section 10(b) of the
Funeral Director Law. Statutory Authority: 63 P. S.
§ 479.10(b).

This regulation is being promulgated to implement
the provisions of Act 48 of 2000 that authorized the
Board to enter into agreements with other states to
issue limited licenses to funeral directors from
other states. Statutory Authority: Section 9(c) of
the Funeral Director Law, 63 P. S. § 479.9(c).

This regulation would delete the requirement that
form statements of funeral goods and services and
preneed contracts be reviewed and approved by the
Board. Statutory Authority: Section 16(a) of the
Funeral Director Law, 63 P. S. § 479.16(a).
Michelle Smey
(717) 783-3397

State Board of
Landscape Architects
--Deletion of
Reference to
Examination
Fees--49 Pa. Code
§ 15.12. (16A-617)

--General Revisions--
49 Pa. Code, Chapter
15. (16A-618)

Fall 2004, as
Final.

Spring 2004, as
Proposed.

The regulation would delete references to
examination fees. Statutory Authority: Section 4(2)
of the Landscape Architects' Registration Law, 63
P. S. § 904(2).

The regulation would entail general revisions of
the Board's current regulations. Statutory
Authority: Section 4(9) of the Landscape Architects'
Registration Law, 63 P. S. § 904(9).
Shirley Klinger
(717) 772-8528

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
OMNIBUS MA * 55 Pa. Code Chapters 1101, 1121, 1149	December 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) 783-2800
OMNIBUS Pharmacy* 55 Pa. Code Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243	June 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) 783-2800
Residential Treatment Facilities (RTF) for Mental Health Services* 55 Pa. Code Chapters 1157, 1165	July 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. These comments are currently under review by the Department.	Ruth O'Brien (717) 783-2800
Physician Assistant/Midwife* 55 Pa. Code Chapter 1141	December 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) 783-2800
Discontinuance of the Mandatory Second Opinion Program* 55 Pa. Code Chapter 1150	June 2005, 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) 783-2800
Capital Component Payment for Replacement Beds 55 Pa. Code Chapter 1187	July 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) 783-2800
New Definition of ''Emergency Medical Condition'' * 55 Pa. Code Chapters 1101, 1141, 1150, 1221	July 2004, 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 Medical Assistance Advisory Committee.	Ruth O'Brien (717) 783-2800
Definition of Medically Necessary 55 Pa. Code Chapter 1101	December 2004, 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) 783-2800
Tobacco Cessation and Nutritional Supplements 55 Pa. Code Chapter 1121	June 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) 783-2800
Dental Services 55 Pa. Code Chapter 1149	June 2004, 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) 783-2800
Preadmission Requirements for Nursing Facility Services (Mandatory 12 month spend-down) 55 Pa. Code Chapter 1187	July 2004, 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) 783-2800
Penile Prosthesis 55 Pa. Code Chapters 1141, 1163,	December 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) 783-2800
Pharmaceutical Services 55 Pa. Code Chapter 1121	June 2004, as final	This regulation revises the rates paid by the Department to pharmacy providers governing payment for and dispensing of brand-name prescription drugs under the fee for service component of the Medical Assistance Program.	Ruth O'Brien (717) 783-2800
Extension of County Transition Payments and Double Disproportionate Share 55 Pa. Code Chapter 1187	July 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.
MA Day of Care 55 Pa. Code Chapter 1187	June 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) 783-2800
Medical Assistance Provider Appeal Procedures 55 Pa. Code Chapter 31	July 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) 783-2800
Third Party Liability Programs 55 Pa. Code Chapter 259	July 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
*REVENUE*
Construction Contractors 61 Pa. Code, Article II	June 2004, as proposed.	The regulation will provide an update to the rules regarding contracts with exempt and nonexempt entities.	Douglas Berguson 717-346-4633
File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program 61 Pa. Code §§ 117.19--117.21	June 2004, as proposed.	The file-by-phone (TeleFile) program involves the filing of a Pennsylvania personal income tax return by phone. 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 Berguson 717-346-4633
Prebuilt Housing	April 2004, as proposed.	The regulation codifies legislative changes relating to prebuilt housing that were set forth in Act 23-2000 (72 P. S. §§ 7201(g)(8), (vv)--(zz), 7202(f) and 7204(60)).	Douglas Berguson 717-346-4633
Realty Transfer Tax Amendments 61 Pa. Code, Chapter 91	June 2004, as proposed.	The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy.	Douglas Berguson 717-346-4633
Small Games of Chance Amendments 61 Pa. Code, Part VII	June 2004, as proposed.	The regulation contains comprehensive amendments to Part VII to incorporate legislative changes made to the Local Option Small Games of Chance Act (10 P. S. §§ 311--328) in 1990 and 2000 and to codify policy and administrative changes regarding games of chance.	Douglas Berguson 717-346-4633
Support Offset and Other Personal Income Tax Provisions	June 2004, as proposed	This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions.	Douglas Berguson 717-346-4633
*SECURITIES COMMISSION*
Rule 144A exchange transactions 64 Pa. Code § 203.203	Proposed Rulemaking May 2004	The Commission plans to propose a regulation to exempt from registration certain transactions in Rule 144A securities with certain accredited investors.	G. Philip Rutledge (717) 783-5130
Investment adviser registration procedures 64 Pa. Code § 303.012	Proposed Rulemaking May 2004	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	G. Philip Rutledge (717) 783-5130
Investment adviser capital requirements 64 Pa. Code § 303.042	Proposed Rulemaking May 2004	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	G. Philip Rutledge (717) 783-5130
Investment adviser required records 64 Pa. Code § 304.012	Proposed Rulemaking May 2004	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	G. Philip Rutledge (717) 783-5130
Investment adviser required financial reports 64 Pa. Code § 304.022	Proposed Rulemaking May 2004	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	G. Philip Rutledge (717) 783-5130
Dishonest and unethical practices 64 Pa. Code § 305.019	Proposed Rulemaking May 2004	The Commission plans to amend this regulation to include those practices which, in the context of investment adviser custody of client funds or securities, would be deemed to be dishonest or unethical.	G. Philip Rutledge (717) 783-5130
Investment adviser custody or possession of funds or securities of clients 64 Pa. Code § 404.013	Proposed Rulemaking May 2004	The Commission plans to amend this regulation to update its provisions and make it consistent with SEC rules.	G. Philip Rutledge (717) 783-5130
*STATE*
State Board of Accountancy --General Revisions-- 49 Pa. Code, Chapter 11. (16A-559) --CPA Examination-- 49 Pa. Code, Chapter 11. (16A-5510) --Schedule of Civil Penalties-- 49 Pa. Code § 43b.10a (16-32)	Spring 2004, as Proposed. Spring 2004, as Final (Proposed- Omitted) Spring 2004, as Proposed	The regulation would clarify certain issues related to the enforcement of the C.P.A. Law; make requirements consistent with the language of the C.P.A. Law; repeal outdated and unnecessary requirements; and make editorial changes. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3. This proposed regulation would revise examination requirements as needed to implement the new computer-based C.P.A. examination and would repeal unnecessary requirements related to the administration of the examination. Statutory Authority: Section 3 of the CPA Law, 63 P. S. § 9.3. This proposed regulation amends the schedule of Act 48 civil penalties for violations of the C.P.A. law and the Board's regulations to correct a technical error in the authority cited for two violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Dorna Thorpe (717) 783-1404
State Architects Licensure Board --Definition of Sole Proprietorship and Clarification of Renewal Fee for Firms-- 49 Pa. Code §§ 9.2 and 9.3 (16A-418) --Schedule of Civil Penalties-- 49 Pa. Code § 43b.21. (16-32)	Spring 2004, as Proposed. Spring 2004, as Proposed	This regulation is needed to clarify which types of firm practice are subject to the annual fee for registered architecture firms. Statutory Authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a). This regulation would amend the schedule of Act 48 civil penalties for violations of the Architects Licensure Law and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Dorna Thorpe (717) 783-3397
State Athletic Commission --Communicable Disease Testing--58 Pa. Code §§ 1.1 and 28.1 (16-34)	Spring 2004, as Proposed	This regulation would expand the Commission's current regulations that authorize the testing of boxers for HIV to permit testing for other communicable diseases, including Hepatitis C. Statutory Authority: Sections 103(b) and 501 of the State Athletic Code, 5 Pa.C.S. §§ 103(b) and 501.	Greg Sirb (717) 787-5720
State Board of Auctioneer Examiners --Deletion of Reference to Examination Fees--49 Pa. Code § 1.41. (16A-647)	Summer 2004, as Final.	The regulation would delete references to examination fees. Statutory Authority: Section 6(a) of the Auctioneer and Auction Licensing Act, 63 P. S. § 734.6(a).	Tammy Radel (717) 783-3397
State Board of Barber Examiners --Deletion of Examination Fees-- 49 Pa. Code, Chapter 3. (16A-425) --Ten chair schools-- 49 Pa. Code § 3.82 (16A-426) --Schedule of Civil Penalties-- 49 Pa. Code § 43b.4 (16-32)	Spring 2004, as Final. Summer 2004, as Final. Spring 2004, as Proposed	The regulation would delete references to the licensing examination fees. Statutory Authority: Section 14 of the Barber's Licensing Law, 63 P. S. § 564. The regulation would reduce the minimum number of barber chairs and desks and the minimum square footage requirements for barber schools and eliminate the requirement of two inspections for new barber schools. Statutory Authority: Section 15-A.4(b) of the Barbers' Licensing Law, 63 P. S. § 566.4(b). This regulation would amend the schedule of Act 48 civil penalties for violations of the Barbers' Licensing Law and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Sara Sulpizio (717) 783-3402
State Board of Chiropractic --Chiropractic specialties-- 49 Pa. Code Ch. 5 (16A-4312) --Patient records-- 49 Pa. Code § 5.51 (16A-4313) --Volunteer license-- 49 Pa. Code § 5.20 (number not yet assigned)	Spring 2004, as Proposed. Summer 2004, as Proposed. Spring 2004, as Proposed.	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. The regulation would identify the certifications acceptable to the Board. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3). The regulation would clarify the requirements for patient records. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3). This regulation is required by the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302.	Deborah Smith (717) 783-7155
Commissioner, BPOA --Schedule of Civil Penalties-- 49 Pa. Code §§ 43b.4; 43b.8; 43b.9; 43b.10a and 43b.11a (16-32) --Schedule of Civil Penalties-- 49 Pa. Code §§ 43b.15; 43b.16; 436.17; 43b.18; 43b.19 and 43b.20 (16-29)	Spring 2004, as Proposed. Spring 2004, as Statement of Policy	The regulation would amend the schedules of civil penalties for the State Board of Barber Examiners; State Real Estate Commission; State Board of Vehicle Manufacturers, Dealers and Salespersons; State Board of Accountancy; and State Architects Licensure Board that were previously codified as regulations under Act 48 of 1993. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a). This Statement of Policy would establish Act 48 Civil Penalty Schedules for six additional boards (State Board of Certified Real Estate Appraisers; State Board of Examiners in Speech-Language and Hearing; State Board of Examiners of Nursing Home Administrators; State Board of Nursing; State Board of Occupational Therapy Education and Licensure; and State Board of Medicine). Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Cynthia K. Montgomery (717) 783-7200
Bureau of Commissions, Elections & Legislation --Fees for Notary Services-- (16-33)	Spring 2004, as Proposed.	This regulation would increase the fees that notaries are permitted to charge for their services. An increase has not occurred since February 1984. Statutory Authority: Sections 21 and 22.3 of the Notary Public Law, 57 P. S. §§ 167 and 168.3.	Nancy Chavez (717) 787-5280
Corporations Bureau --UCC Revised Article 9-- (16-35)	Spring 2004, as Proposed.	This regulation would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526.	Christal Pike-Nase (717) 787-6802
State Board of Cosmetology --Sanitation/ Disinfection-- 49 Pa. Code §§ 7.90--7.101 (16A-454) --General Revisions-- 49 Pa. Code §§ 7.1--7.142. (16A-459) (Includes previous16A-457)	Spring 2004, as Final. Fall 2004, as Proposed.	The proposed regulation would update the Board's sanitation and disinfection requirements for manicuring, cosmetician and cosmetology shops and schools. Statutory Authority: Sections 11 and 14 of the Beauty Culture Law, 63 P. S. §§ 517 and 520. The Board plans a comprehensive amendment to Chapter 7 to bring existing regulations up-to-date and to clarify requirements for sanitation and the provisions of advanced aesthetic services. Statutory Authority: Section 11 of the Beauty Culture Law, 63 P. S. § 517.	Sara Sulpizio (717) 783-7130
State Board of Dentistry --Administration of General Anesthesia, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia-- 49 Pa. Code §§ 33.331--33.344. (number not yet assigned) --Sexual Misconduct--49 Pa. Code, Chapter 33. (16A-4613) --Expanded Function Dental Assistants-- 49 Pa. Code § 33.103. (16A-4612) --Volunteer license-- 49 Pa. Code § 33.110 (number not yet assigned)	Spring 2004, as Proposed. Fall 2004, as Final. Spring 2004, as Final. Spring 2004, as Proposed	This regulation would amend requirements for administration of anesthesia/analgesic in response to a Commonwealth Court case and the enactment of Act 135 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o) and Section 2 of Act 135 of 2002. 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 of a sexual nature which the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o). This regulation would eliminate the clinical examination component with respect to expanded function dental assistants. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o). This regulation is required to amend the current regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).	Lisa Burns (717) 783-7162
State Board of Funeral Directors --Unprofessional Conduct-- 49 Pa. Code § 13.201, 202. (16A-483) --Advertising-- 49 Pa. Code §§ 13.191 to 13.196 (16A-484) --Application-- 49 Pa. Code, Chap. 13 (16A-485) --Facility-- 49 Pa. Code, Ch. 13 (16A-486) --Qualifications-- 49 Pa. Code, Ch. 13 (16A-487) State Board of Funeral Directors (cont'd) --Supervisor-- 49 Pa. Code, Chap. 13 (16A-488) --Continuing Education-- 49 Pa. Code, Ch. 13 (16A-489) --Limited License-- 49 Pa. Code §§ 13.1, 13.12, and 13.77 (16A-4810) --Forms Review-- 49 Pa. Code §§ 13.204 and 13.244 (16A-4813)	Spring 2004, as Proposed. Spring 2004, as Proposed. Spring 2004, as Proposed. Spring 2004, as Proposed. Spring 2004, as Proposed. Spring 2004, as Proposed. Fall 2004, as Final. Spring 2004, as Proposed. Spring 2004, as Proposed.	The amendment would add to the Board's standards of practice and conduct. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). These amendments would update the Board's regulations related to advertising. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). This regulation revises the procedures for applying for licensure as a funeral establishment. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). The amendments would update facility requirements for funeral establishments. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). The amendments would update qualifications for licensure. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). This regulation amends the procedures for licensure as a supervisor and clarifies the responsibilities of a funeral supervisor. Statutory authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a). This regulation is being promulgated to comply with the requirement of Act 48 of 2000 that the Board adopt regulations to implement continuing education, as now required by Section 10(b) of the Funeral Director Law. Statutory Authority: 63 P. S. § 479.10(b). This regulation is being promulgated to implement the provisions of Act 48 of 2000 that authorized the Board to enter into agreements with other states to issue limited licenses to funeral directors from other states. Statutory Authority: Section 9(c) of the Funeral Director Law, 63 P. S. § 479.9(c). This regulation would delete the requirement that form statements of funeral goods and services and preneed contracts be reviewed and approved by the Board. Statutory Authority: Section 16(a) of the Funeral Director Law, 63 P. S. § 479.16(a).	Michelle Smey (717) 783-3397
State Board of Landscape Architects --Deletion of Reference to Examination Fees--49 Pa. Code § 15.12. (16A-617) --General Revisions-- 49 Pa. Code, Chapter 15. (16A-618)	Fall 2004, as Final. Spring 2004, as Proposed.	The regulation would delete references to examination fees. Statutory Authority: Section 4(2) of the Landscape Architects' Registration Law, 63 P. S. § 904(2). The regulation would entail general revisions of the Board's current regulations. Statutory Authority: Section 4(9) of the Landscape Architects' Registration Law, 63 P. S. § 904(9).	Shirley Klinger (717) 772-8528