[37 Pa.B. 609]
[Saturday, February 3, 2007]
[Continued from previous Web Page]
Regulation Being
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact Administration of the Land Recycling Program (Act 2)
Land Recycling and Environmental Remediation Standards Act
25 Pa. Code,
Chapter 250FY06-07 Revisions to Chapter 250 (Administration of the Land Recycling Program) that govern the remediation of sites contaminated by the release of regulated substances. This proposal includes numeric Statewide health standards that have been revised because of updates to toxicological information and physical and chemical parameters. Other modifications include increased public notice requirements, additional requirements for postremediation care at properties where institutional and engineering controls are used, additional deed notice provisions, assuring portability of water supplies by applying federal Maximum Contaminant Levels to drinking water at points of use and providing for notice when contamination is discovered during remedial activities. Dave Hess
717-783-9480GENERAL SERVICES Surplus State Property
4 Pa. Code
Chapters 41, 43, 45 & 47Spring 2007, as final omitted. These regulations should be updated to reflect current agency practice and procedure. Mary Benefield Seiverling
(717) 772-2749Responsibility,
4 Pa. Code
Chapter 60Spring 2007, as proposed This chapter should be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures. Mary Benefield Seiverling
(717) 772-2749Committee on Construction Contract Documents, 4 Pa. Code
Chapter 62Summer 2007, as final omitted The Procurement Code repealed the legislation creating this committee, which no longer exists. Mary Benefield Seiverling
(717) 772-2749Selections Committee, 4 Pa. Code
Chapter 64Fall 2007, as final omitted These regulations will be reviewed to ensure that they accurately reflect present practice and are consistent with the Procurement Code. Mary Benefield Seiverling
(717) 772-2749Emergency Construction Repairs
4 Pa. Code
Chapter 67Fall 2007, as final omitted The regulations should be amended to more accurately reflect present practice and to delete antiquated contract provisions. Mary Benefield Seiverling
(717) 772-2749Contract Compliance
4 Pa. Code
Chapter 68Summer 2007, as proposed References to the Human Relations Commission need to be replaced by procedures under the current DGS programs. Mary Benefield Seiverling
(717) 772-2749Methods of Awarding Contracts, 4 Pa. Code Chapter 69 Spring 2007, as final omitted These regulations should be repealed since they have been superseded by enactment of the Commonwealth Procurement Code. Mary Benefield Seiverling
(717) 772-2749Commonwealth Parking Facilities, 4 Pa Code
Chapter 71Spring 2007, as final omitted The regulations need to be updated to reflect changes to agency procedure and practice. Mary Benefield Seiverling
(717) 772-2749Commonwealth Automotive Fleet
4 Pa. Code
Chapter 73Fall 2007, as final omitted These regulations need to be reviewed and updated to reflect current practice. Mary Benefield Seiverling
(717) 772-2749Processing Subscriptions and Sales of Pennsylvania Code and Related Publications, 4 Pa. Code
Chapter 81Fall 2007, as final omitted These regulations should be revised since the DGS Bureau of Management Services no longer has responsibility for processing subscriptions and orders for the Pennsylvania Code. Mary Benefield Seiverling
(717) 772-2749Bookstore Operations, 4 Pa. Code
Chapter 83Fall 2007, as final omitted These regulations should be revised since the bookstore operations were transferred to the Pa Historical and Museum Commission by statute. Mary Benefield Seiverling
(717) 772-2749Exercise of First Amendment Rights on Commonwealth Property 4 Pa. Code Chapter 85 Summer 2007, as final omitted The regulation will be rewritten to reflect the current organizational structure and to conform to changes which will be made to the Statement of Policy in Chapter 86 Mary Benefield Seiverling
(717) 772-2749Use of the Forum
4 Pa. Code
Chapter 87Summer 2007, as final omitted The regulations should be amended to reflect the Department's current use of a rental agreement instead of a permit and to reflect the current organizational structure. Mary Benefield Seiverling
(717) 772-2749Death Benefits for Survivors of Fireman and Law Enforcement Officers, 4 Pa. Code Chapter 89 Winter 2007, as final omitted Amendments are needed to this regulation to make it consistent with legislative amendments. Mary Benefield 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.June, 2007, as proposed. The amendments to existing regulations will update the licensure requirements for hospitals and other health care facilities. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--
448.904b.Barbara Holland
717-346-9692
James T. Steele, Jr.
717-783-2500Communicable Diseases
28 Pa. Code § 27.1 et seq.July 2007, 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
717-783-2500Supplemental Nutrition Program for Women, Infant's and Children (WIC)
28 Pa. Code § 1101.1 et seq.March 2007, as proposed. The amendments to existing regulations will bring the Commonwealth into compliance with the requirements of the Federal Child Nutrition and WIC Reauthorization Act of 2004. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.102, 448.201(12), 448.601, 448.801a, and 448.803(2) and The Administrative Code of 1929 (71 P. S. § 532(a) and (g)). Robert Datorre
717-783-2500School Immunization Requirements
28 Pa. Code §§ 23.83 and 23.86March 2007, as proposed The amendments to existing regulations will revise immunization requirements for school entry and attendance, add a grace period for the provision of vaccinations in order for them to be considered valid, and change school reporting requirements to require reporting of doses of vaccine given. Pursuant to the Disease Prevention and Control Law of 1955 35 P. S. § 521.1 et seq.; The Administrative Code of 1921 (71 P. S. § 541(c.1)) and the Public School Code of 1949 (24 P. S. § 13-1303a). Yvette M. Kostelac
717-783-2500Sexual Assault Victims Emergency Services Regulations
28 Pa. Code §§ 117.51--58.March 2007, as final. The amendments to existing regulations will establish minimum parameters for the treatment of sexual assault victims presenting at Pennsylvania hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.102, 448.201(12), 448.601, 448.801a, and 448.803(2) and The Administrative Code of 1929 (71 P. S. 532(a) and (g)). Robert Datorre
717-783-2500Drug and Alcohol confidentiality, disclosure of client-oriented information.
4 Pa. Code § 255.5 (a) (in part) and (b).January, 2007, as proposed The amendment of existing regulations will rescind parts of 4 Pa. Code § 255.5(a) and all of 4 Pa. Code § 255.5(b), relating to disclosure of information and restrictions on the type of information which can be disclosed to various individuals and entities. Pursuant to 71 P. S. § 751-25 and 71 P. S. § 1690-101 et seq. Keith B. Fickel
717-783-2500HOUSING FINANCE AGENCY
No regulations being developed or considered at this date. INFRASTRUCTURE INVESTMENT AUTHORITY
25 Pa. Code §§ 963.12(a)(6) and (7) 963.13(b) (2), 963.13(c), 963.14(a), 963.15(a), 963(15)(c), 25 Pa. Code § 965.4(9), and 25 Pa. Code § 965.7. Spring 2007 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.
(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.
(3) Amend 25 Pa. Code § 963.13 (c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month.
(4) Amend 25 Pa. Code § 963.14(a) by revising the section to clarify when the use of an affordability analysis for the award of grants is necessary.
(5) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only preceding the 20 year term.
(6) Amend 25 Pa. Code § 963.15 (c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date.
(7) Amend 25 Pa. Code § 965.4 (9) to allow for eligible land costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(8) Amend 25 Pa. Code § 965.7 to eliminate the requirement for a second opinion project review if the applicant is able to prove to the satisfaction of PENNVEST that no alternative methodologies are available to reduce project costs for projects with construction costs plus contingency in excess of $10 million.Shawn W. Weis
(717)-783-6776INSURANCE Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1--37.84 Spring/Summer 2007, 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
717-787-4429Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility, 31 Pa. Code,
Chapter 67, §§ 67.21--28Spring/Summer 2007, as proposed Amend to make the regulation consistent with statutory requirements. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Life Insurance Illustrations (New Chapter 87a) Spring 2007, 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
717-787-4429Preparation of Filing of Property and Casualty Forms for Approval, 31 Pa. Code,
Chapter 133, §§ 133.1--133.12Spring 2007, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Description of Reserves--Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3 Spring 2007, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code,
Chapter 146, §§ 146.1--146.10Spring/Summer 2007, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator
717-787-4429Requirements for Qualified Reinsurers 31 Pa. Code,
Chapter 161 §§ 161.1--161.9Spring/Summer 2007, as proposed. Amend to update requirements for assets held in trust. Peter J. Salvatore, Regulatory Coordinator
717-787-4429LABOR AND INDUSTRY
Repeal of mine and excavation regulations, Title 34, Chap. 33, Bureau of Occupational and Industrial Safety. Submit final-omitted regulation in Winter 2007. Will revoke Labor and Industry's authority to regulate mines and excavations. The Department of Environmental Protection now has this authority. Edward Leister
717-787-3323Liquefied Petroleum Gas, Title 34. Bureau of Occupational and Industrial Safety. Submit proposed rulemaking in Winter 2007. 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 August 2007. Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws. Lucy Shumaker
717-783-3784Office of Vocational and Rehabilitation, Title 34. Submitted Final Rulemaking in Winter 2007. 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 Spring 2007. 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 Winter 2007. 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 Winter 2007. Update requirements and procedures for filing benefit claims and applications. Jeri Morris
717-787-3667Unemployment Compensation, Title 34, Chapter 101, Unemployment Compensation Board of Review Submit proposed rulemaking in Spring 2007. Update appeal and hearing procedures to reflect evolving procedures and statutory changes. Edward Rawlings
717-787-1620Bureau of Workers' Compensation
Title 34, Chapter 121Submit final-form regulation Spring 2007. Updating regulations concerning processing of claims forms/petitions to reflect changes in law and technology. Thomas Dinsmore
717-772-0621Bureau of Workers' Compensation, Title 34, Chapter 127, Medical Cost Containment Submitted proposed rulemaking on Fall, 2007 Update processes governing medical care and costs under the Workers' Compensation Act. Eileen Wunsch
717-772-1912Bureau of Workers' Compensation, Title 34, Chapter 123 Re-submit final-form regulation in Spring 2007. Update procedures for qualifications of vocational experts to reflect passage of Act 88. Eileen Wunsch
717-772-1912Bureau of Workers' Compensation, Title 34, Chapter 125A, Self-Insurance Submit proposed rulemaking in Fall 2007. Clarify standards and security requirements for individual self-insured employees. George Knehr
717-783-4476Bureau of Workers' Compensation, Title 34, Chapter 123 Submit proposed rulemaking in Fall 2007. Clarify procedures for obtaining benefits under the Uninsured Employer Guaranty Fund. John T. Kupchinsky
717-783-5421Bureau of Workers' Compensation, Title 34, Chapter 131 Submit proposed rulemaking in Fall 2007. Update procedures for proceedings before workers' compensation judges and incorporating Act 147 of 2006. Elizabeth A. Crum
717-787-5082Workers' Compensation Appeal Board, Title 34, Chapter 111 Submit proposed rulemaking in Fall 2007. Update procedures for Workers' Compensation Appeal Board. Susan McDermott
215-560-4583Bureau of Mediation, Title 34 Submit proposed rulemaking in Fall 2007 Specify procedures and process for Bureau mediators. William D. Gross
717-787-2803Bureau of Labor Law Compliance, Title 34, Chapter 231, Minimum Wage Submit proposed rulemaking in Fall 2007 Address statutory amendments for training wages, clarify overtime exclusions and delete expired Food-Service Employee Incentive Program James A. Holzman
717-787-4186MILITARY AND VETERANS AFFAIRS
State Veterans' Homes
43 Pa. Code Section 7.1 et. seq.January 2007 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
717-861-8503Persian Gulf Conflict Veterans' Compensation Program.
43 Pa. Code
Chapter 9February 2007 This regulation is needed to implement Act 29 of 2006, which established the Persian Gulf Conflict Veterans' Compensation Program. The funding for this program was approved by Pennsylvania voters in November 2006, and the Act took effect in December 2006. DMVA's goal is to have regulations (which relate directly to military affairs) in effect by September 2007. Dennis T. Guise
717-861-8503MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission.
37 Pa. Code
Chapter 203Final regulations, May 2007. The Commission intends to publish regulations to allow physicals to be performed by physicians' assistants and certified nurse practitioners. Current regulations require all physicals to be performed only by licensed physicians. Syndi L. Guido
717-772-0905Municipal Police Officers' Education and Training Commission.
37 Pa. Code
Chapter 204Proposed regulations, May 2007. Act 79 of 2005 requires the Commission to promulgate regulations to implement the Retired Law Enforcement Identification Act. Syndi L. Guido
717-772-0905PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time. 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 was published in the Pa. Bulletin in the fall of 2006. 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 Summer 2007 for publication in the PA Bulletin. Henry L. Van Brederode
717-787-5699
x 389The Domestic and Sexual Violence Victim Address Confidentiality Act 23 Pa.C.S.A. § 6712 requires the Office of the Victim Advocate to promulgate regulations to establish an address confidentiality program to protect victims of sexual and domestic violence. The regulation will be published in the Pa. Bulletin in the summer of 2007 using the ''final-omitted'' process. 23 Pa.C.S.A. § 6712(2) requires the Office of the Victim Advocate to promulgate the required regulations by July 1, 2006. Victoria Sostack
717-783-5157PUBLIC 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 3130June 2007, 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) 783-2800Administration and Operation of a Children and Youth Social Services Agency
55 Pa. Code
Chapter 3680December 2007, as proposed This regulation incorporates the changes identified in the Child and Family Services Review, including requirements for visitation with fathers and noncustodial 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 501October 2007, 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 6 months to 1 year for the first violation and from 1 year to 2 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 187February 2008, 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) 783-2800Breast and Cervical Cancer Prevention and Treatment Program
55 Pa. Code
Chapter 140February 2007, as final-form 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 precancerous 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 precancerous 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 181April 2007, 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 1996 (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) 783-2800Payment for Burial and Cremation
55 Pa. Code
Chapters 283, 285March 2007
as proposedThe proposed rulemaking increases the maximum payment to funeral directors for burial or cremation services to a standard $750 for all eligible individuals. This rulemaking also increases maximum level of contributions that may be made by another agency or individual towards burial expenses without reducing the Department payment. This amount is increased from $180 to $750. Additionally, this proposed rulemaking eliminates several restrictive requirements for burial, thus allowing families and funeral directors more flexibility and choice in planning and selecting burial goods and services. Ruth O'Brien
(717) 783-2800Revisions to Special Allowances for Supportive Services
55 Pa. Code
Chapter 165April 2007
as proposedThe purpose of this proposed regulation is to ensure adequate and consistent availability and distribution of special allowances. These special allowances are for supportive services to recipients of cash assistance who are engaged or intend to engage in employment and training activities approved by the Department. Ruth O'Brien
(717) 783-2800Deficit Reduction Act of 2005 (TANF Reauthorization)
55 Pa. Code
Chapter 165April 2007
as proposedThe purpose of this proposed regulation is to incorporate revised policies for work participation according to Federal statutes and regulations. Ruth O'Brien
(717) 783-2800Early and Periodic Screening Diagnosis Treatment (EPSDT)
55 Pa. Code
Chapters 1101, 1121, 1123, 1147, 1241March 2007,
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 2007, as proposed This regulation codifies payment for medically necessary case management services as mandated by Omnibus Budget Reconciliation Act '89 to Medical Assistance recipients under the age of 21. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800OMNIBUS Pharmacy
55 Pa. Code
Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243September 2007, 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. Ruth O'Brien
(717) 783-2800Physician Assistant/Midwife
55 Pa. Code
Chapter 1141June 2007, as final-omitted This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Discontinuance of the Mandatory Second Opinion Program
55 Pa. Code
Chapter 1150June 2007, as final-omitted This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Capital Component Payment for Replacement Beds
55 Pa. Code
Chapter 1187July 2008, as proposed This 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, 1221March 2007, as proposed This regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Definition of Medically Necessary
55 Pa. Code
Chapter 1101July 2007, as proposed This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. This regulation was reviewed on 9/21/01 by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Tobacco Cessation and Nutritional Supplements
55 Pa. Code
Chapter 1121September 2007, as final-omitted This final regulation will provide coverage under the Medical Assistance Program for tobacco cessation products and counseling services and will extend coverage for nutritional supplements to eligible Medical Assistance recipients 21 years of age and older. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Dental Services
55 Pa. Code
Chapter 1149May 2007, as final-omitted This final regulation will provide coverage for crown core build-up and will revise the Medical Assistance Orthodontia Program. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Preadmission Requirements for Nursing Facility Services
55 Pa. Code
Chapter 1187July 2007, as final 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) 783-2800Home Health Regulation
55 Pa. Code
Chapter 1249February 2007 as final-form The proposed regulation: 1. removes the State requirement that clients be homebound to receive home health agency services. Requiring a client to be homebound is in violation of ''Olmstead Update No. 3'' codified at 42 CFR 440.230(c) and 440.240(b);
2. moves service limitations from the regulations to the fee schedule which will permit program exceptions to the limitations when appropriate.Ruth O'Brien
(717) 783-2800Changes to Nursing Facility Rate Setting System
55 Pa. Code
Chapter 1187June 2007, as final-omitted This regulation will support the balancing of long term care by encouraging the continued trend of having nursing facilities serve higher acuity MA recipients, encouraging right sized facilities and decreased reliance on MA payments. Further objectives of this regulation will be to provide greater predictability in rate setting, reduce the number of appeals and incorporate performance standards/incentives to encourage cost effective and high quality care in the most appropriate setting. Ruth O'Brien
(717) 783-2800Medical Assistance Copayment Changes
55 Pa. Code
Chapter 1101February 2007, as final-omitted This regulation will codify new MA copayment exclusions mandated by the Federal Deficit Reduction Act (DRA) of 2005, and reduce the copayment for brand name drugs identified as preferred on the Department's Preferred Drug List (PDL) as authorized under the DRA. This regulation will be reviewed by the Medical Assistance Advisory Committee (MAAC). Ruth O'Brien
(717) 783-2800
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