[35 Pa.B. 3704]
[Continued from previous Web Page]
Regulation Being Considered Proposed Date of Promulgation Need and Legal Basis for Action Agency Contact GENERAL SERVICES
Responsibility
4 Pa. Code, Chapter 60Summer, 2005, as proposed This chapter should be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures for all agencies. Mary B. Seiverling
(717) 772-2749Emergency Construction Repairs
4 Pa. Code, Chapter 67Winter, 2005, as proposed The regulation should be amended to more accurately reflect present practice and to delete antiquated contract provisions. Mary B. Seiverling
(717) 772-2749Commonwealth Automotive Fleet
4 Pa. Code, Chapter 73Fall, 2005, 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 Code, Chapter 81Summer, 2005, as final omitted These regulations should be repealed since the DGS' Bureau of Management Services no longer has responsibility for processing subscriptions and orders for the Pennsylvania Code. Mary B. Seiverling
(717) 772-2749Metrology Calibration Fees
70 Pa. Code, Chapters 2, 10 and 110Fall, 2005, as final Regulations promulgated with the Department of Agriculture to enable DGS to charge fees as required by Act No. 1996-155, 3 Pa.C.S. § 4178, for services performed by the Pennsylvania Standards Laboratory were published as proposed Ap. 30, 2005. Mary B. Seiverling
(717) 772-2749Service of Process on General Services Summer, 2005, 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 Administrative Chapter & General and Special Hospitals
28 Pa. Code § 51.1 et seq.
28 Pa. Code § 101.1 et seq.October 2005, 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.January 2006, 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
717-783-2500Head Injury Program January 2006, as proposed The amendments to existing regulations will address client enrollment and provider issues. Pursuant to 35 P. S. § 6934(e). Crystal Fox
717-783-2500Controlled Substances, Drugs, Devices and Cosmetics
28 Pa. Code § 25.72July 2005, as final 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. Pursuant to 35 P. S. §§ 780-103 and 780-104. Keith B. Fickel
717-783-2500Supplemental Nutrition Program for Women, Infant's and Children (WIC)
28 Pa. Code § 1101.1 et seq.October 2005, as final-omitted The amendments to existing regulations will bring the Commonwealth into compliance with the Child Nutrition and WIC Reauthorization Act of 2004 requirements and allow participants to use WIC vouchers at any WIC authorized store. The amendments will also prohibit authorization of stores that get more than 50% of their annual food revenue from the sale of WIC foods. The amendments will also clarify the availability of minimum inventory during store reviews. Jalene Kolb
717-783-2500Screening and Follow-up for Diseases of the Newborn,
28 Pa. Code § 28.1, et seq. and 28 Pa. Code § 27.1 et seq.January 2006, as proposed The amendments to exisiting regulations will add additional conditions to the list of conditions for which screening is currently required, and will address issues of follow-up services for those conditions. Crystal Fox
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),
963.13(c),
963.14(a),
963.15(a), and 25 Pa. Code § 965.4((9).Fall/Winter 2005 PENNVEST recommends the following revisions:
(1). Delete 25 Pa. Code § 963.12(a)(6) in its entirety and the second sentence of 25 Pa. Code § 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 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 recycling and other innovative wastewater projects and the current policy has the potential to stifle such projects. In order to further these objectives, PENNVEST is removing the impediment to funding imposed by the above regulatory provision.
(3) Amend 25 Pa. Code § 963.13(c) by revising the section to read as follows: ''Terms of Loans. Advance funding loans will be for a term of five years. The term will be payment of interest only for 59 months and repayment scheduled for month 60. The scheduled repayment date, month 60, shall not exceed 1 year from completion of the advance funding project. If the recipient of an advance funding loan subsequently receives a construction loan from the Authority, the term of the outstanding advance funding loan shall be amended to carry both the interest only term and the repayment term of the construction loan, provided the interest only term shall not be extended beyond five years.''
(4). Amend 25 Pa. Code § 963.14(a) by revising the section to read as follows: ''For all funding sources that do not otherwise provide statutory guidance on how to award grant proceeds, grants will be awarded solely under the statutory authority of the Act and will be considered only when the Board determines that the financial condition of the recipient indicates that repayment of the loan is unlikely and that the recipient will not be able to proceed with the project without a grant. If the Board decides to award a grant, the Board may attempt to mix the grant funds with loan funds and may otherwise leverage the use of the grant proceeds if possible.''Jayne B. Blake
(717)-783-6630(5). Amend 25 Pa. Code § 963.15(a) by revising the first sentence to read as follows: ''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 (6). 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. INSURANCE
Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1--37.84 Fall 2005, as proposed. Act 147 of 2002 sets new standards for Producers in the Commonwealth. This chapter will be repealed and replace with new regulation consistent with the statute. Peter J. Salvatore,
Regulatory Coordinator
717-787-4429Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61 Summer/Fall 2005, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
Regulatory Coordinator
717-787-4429Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility,
31 Pa. Code, Chapter 67, §§ 67.21--28Summer 2005, as proposed. Amend to make the regulation consistent with statutory requirements. Peter J. Salvatore,
Regulatory Coordinator
717-787-4429Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42 Fall/Winter 2005, 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 Fall/Winter 2005, 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 Fall/Winter 2005, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
Regulatory Coordinator
717-787-4429Cash Advances to Insurance Companies 31 Pa. Code, Chapter 105, §§ 105.1--105.2 Summer 2005, as proposed. Review to determine whether to amend or repeal based on statutory amendments enacted in 2004 (Act No. 216 of 2004). 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/Winter 2005, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore,
Regulatory Coordinator
717-787-4429Funds Held as Security for the Payment of Obligations of Unlicensed, Unqualified Reinsurers, 31 Pa. Code, Chapter 163 §§ 163.1--163.20 Winter 2005, as proposed Amend to update provisions relating to trust agreements and letters of credit. Peter J. Salvatore,
Regulatory Coordinator
717-787-4429Requirements for Qualified Reinsurers 31 Pa. Code, Chapter 161 §§ 161.1--161.9 Winter 2005, as proposed. Amend to update requirements for assets held in trust. Peter J. Salvatore,
Regulatory Coordinator
717-787-4429Property and Casualty Actuarial Opinion (NEW) Summer/Fall 2005, as proposed. New regulation to require property & 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 2005, as proposed. Amend the regulation to be consistent with the statute. Peter J. Salvatore,
Regulatory Coordinator
717-787-4429Premium Finance Companies (NEW chapter) Summer/Fall 2005, as proposed. New regulation addressing issues pertaining to Premium Finance Companies. Peter J. Salvatore,
Regulatory Coordinator
717-787-4429LABOR AND INDUSTRY
Elevators and Lifting Devices, Title 34
Bureau of Occupational and Industrial SafetySubmit proposed rulemaking Summer 2005. Will make minor revisions and corrects. Will also incorporate legislative changes required under Act 230 approved December 1, 2004. Edward Leister
717-787-3323Uniform Construction Code (UCC) regulations. Act 45 of 1999. Title 34, Chaps. 401--405. Bureau of Occupational and Industrial Safety Submit final-omitted regulations in Summer 2005. Will make revisions to UCC required under legislation enacted in 2004: Acts 13, 92 and 158. 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 Spring 2005. 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 final-form regulation in Summer 2005. 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 2005. 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 Summer 2005. Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws. Mark Frankel
717-787-3667Office of Vocational and Rehabilitation, Title 34. Submit Proposed Rulemaking Winter 2005 Regulations will govern the registration process and implement the Sign Language Interpreter and Transliterator Registration Act which was enacted in 2004. (Act 57 of 2004). Catherine N. Wojciechowski
717-787-4186Prevailing Wage Appeals Board (PWAB), Title 34, Chap 213. Submit proposed rulemaking in Fall 2005. PWAB will amend its regulations to reduce paperwork requirements and improve/streamline procedures. Richard C. Lengler
717-783-9288Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Tax Services
Submit proposed rulemaking in Spring 2005. Update Unemployment Compensation tax and select benefit regulations. Scott Miedrich
717-787-2097Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Benefits Submit proposed rulemaking in Spring 2005. Update requirements and procedures for filing benefit and claim applications. Jeri Morris
717-787-3667Bureau of Workers' Compensation
Title 34, Chapter 121Submit proposed rulemaking in Summer 2005. Updating regulations concerning processing of claims forms/petitions to reflect changes in law and technology. Terry Titus
717-787-3361Bureau of Workers' Compensation, Title 34, Chapter 127, Medical Cost Containment Submit proposed rulemaking by end of 2005. 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 in Summer 2005. Update procedures for qualifications of vocational experts to reflect passage of Act 88 (if needed). Eileen Wunsch
717-772-1912Bureau of Workers' Compensation, Title 34, Chapter 125A,Self-Insurance Submit proposed rulemaking in Winter 2006. Clarify standards and security requirements for individual self-insured employees. George Knehr
717-783-4476MILITARY AND VETERANS AFFAIRS
State Veterans Home
43 Pa. Code Section 7.1 et. seq.July 2005, 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
717-861-8503MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission.
37 Pa. Code Chapter 203February 2005, as proposed The Commission intends to update regulations promulgated pursuant to 53 Pa.C.S. § 2164(1), (8), and (14 (relating to Part III, Subpart C, of the Local Government Code). Syndi L. Guido
717-772-0905PENNSYLVANIA 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 fall of 2005. 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 2005 for publication in the PA Bulletin. Chester Cope
717-772-4185PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PUBLIC WELFARE
Administration of County Children and Youth Programs
55 Pa. Code Chapter 3130October 2005,
as proposedThis 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) 783-2800Administration and Operation of a Children and Youth Social Services Agency
55 Pa. Code Chapter 3680May 2006,
as proposedThis 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) 783-2800Food Stamp Disqualification Penalties
55 Pa. Code Chapter 501September 2005,
as proposedThis 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 2006,
as proposedThis 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 285April 2006,
as final-formThis 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) 783-2800Breast and Cervical Cancer Prevention and Treatment Program
55 Pa. Code Chapter 140September 2005,
as final-formThis 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) 783-2800Medical Assistance Changes
(MAC)
55 Pa. Code Chapters 133, 140, 141, 178 and 181January 2006,
as proposedThis 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) 783-2800Changes in Nursing Care Eligibility--Long Term Care (LTC)
55 Pa. Code Chapters 178 and 181July 2005,
as proposedThis regulation will change the eligibility requirements for applicants and recipients in long-term care facilities. Recipients of Medicaid program benefits will be required to contribute more toward the cost of long-term care services. Applicants for Medicaid Program benefits will be required to use more of their own resources to pay for their care before being authorized eligible for the Medicaid Program. Ruth O'Brien
(717) 783-2800Early and Periodic Screening Diagnosis Treatment (EPSDT)
55 Pa. Code Chapters 1101, 1121, 1123, 1147, 1241March 2006,
as final-omittedThis 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 2006,
as proposedThis 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, 1149June 2006,
as final-omittedThis 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, 1243June 2006,
as final-omittedThis 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. Ruth O'Brien
(717) 783-2800Residential Treatment Facilities (RTF) for Mental Health Services
55 Pa. Code Chapters 1157, 1165July 2006,
as proposedThis 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 1141June 2006,
as final-omittedThis 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 1150June 2006,
as final-omittedThis 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 2006,
as proposedThis regulation codifies the policy as set forth in the Statement of Policy published at 27 Pa.B. 6238 (November 29, 1997). 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, 1221December 2005,
as proposedThis 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 2006,
as proposedThis 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 1121December 2005,
as final-omittedThis 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 1149September 2005,
as final-omittedThis 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
55 Pa. Code Chapter 1187July 2005,
as proposedThis 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, 1163March 2006,
as proposedThis 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 1187August 2005,
as final-omittedThis regulation will extend the county nursing facility transition rates for the period July 1, 2003, through June 30, 2009, and will increase the disproportionate share incentive payments to qualified nursing facilities for the period July 1, 2003 through June 30, 2008. 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 § 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 1187January 2006,
as final-formThe 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 2005,
as final-formThe 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 Federal 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 1249December 2005,
as final-formThe 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 41October 2005,
as final-formThis regulation implements 67 Pa.C.S. 1106 and establishes rules of procedure governing Medical Assistance Provider appeals. Ruth O'Brien
(717) 783-2800Third Party Liability Programs
55 Pa. Code Chapter 259December 2005,
as proposedSection 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 ensure 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) 783-2800Licensure and Approval Appeal Procedures
55 Pa. Code Various ChaptersFebruary 2006,
as proposedThis regulation replaces the uncodified regulation at 7 Pa.B. 3266 with the General Rules of Administrative Practice and Procedure (1 Pa. Code Chs. 31--35) for all facilities and agencies certified by the Department. Ruth O'Brien
(717) 783-2800Psychiatric Outpatient Clinics
55 Pa. Code Chapter 5200February 2006,
as proposedThis proposed regulation revises the current regulations pertaining to organization, staffing, and supervision for licensed psychiatric outpatient services. This regulation will be reviewed by the Mental Health Advisory Council and the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Family-Based Mental Health Service Providers
Draft Regulation,
55 Pa. Code Chapter 5260February 2006,
as proposedThis proposed regulation would establish requirements for the delivery of services, and payment of family-based mental health services for children and adolescents. Ruth O'Brien
(717) 783-2800
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