[39 Pa.B. 749]
[Saturday, February 7, 2009]
[Continued from previous Web Page]
GENERAL SERVICES
Surplus State Property
4 Pa. Code
Chapters 41, 43, 45 and 47
Summer 2009, as proposed. These regulations will be updated to reflect current agency practice and procedure. Mary Benefield Seiverling
(717) 772-2749
Responsibility
4 Pa. Code
Chapter 60Summer 2009, as proposed. This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures. Mary Benefield Seiverling
(717) 772-2749
Committee on Construction Contract Documents
4 Pa. Code
Chapter 62Winter 2009, as final omitted.
The Procurement Code repealed the legislation creating this committee, which no longer exists. Mary Benefield Seiverling
(717) 772-2749
Selections Committee
4 Pa. Code
Chapter 64Spring 2009, as final omitted. These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Mary Benefield Seiverling
(717) 772-2749Emergency Construction Repairs
4 Pa. Code
Chapter 67Spring 2009, as final omitted. These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Mary Benefield Seiverling
(717) 772-2749Contract Compliance
4 Pa. Code
Chapter 68, Subchapter A, Prequalification of Vendors and Non-construction
ContractorsWinter 2009, as final omitted. These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system. Mary Benefield Seiverling
(717) 772-2749Methods of Awarding Contracts
4 Pa. Code
Chapter 69Winter 2009, as final omitted. These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Mary Benefield Seiverling
(717) 772-2749Commonwealth Parking Facilities
4 Pa. Code
Chapter 71Withdrawn Fall 2008, Resubmit Spring 2009, as final omitted. The regulations do not reflect changes to agency procedure and practice and the continuing changes to the Capitol Complex. Mary Benefield Seiverling
(717) 772-2749Commonwealth Automotive Fleet
4 Pa. Code
Chapters 39 and 73Summer 2009, as final omitted. These regulations need to be reviewed and updated to reflect current practice. Mary Benefield Seiverling
(717) 772-2749Exercise of First Amendment Rights on Commonwealth Property
4 Pa. Code
Chapter 85Spring 2009, 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 87Winter 2009, as final omitted. The regulations will 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) 772-2749State Metrology Laboratory Fee Schedule
70 Pa. Code 110.2Spring 2009, as proposed. The fee schedule will be updated. Mary Benefield Seiverling
(717) 772-2749HEALTH Health Facility Licensure--General Administrative Chapter and General and Special Hospitals
28 Pa. Code § 51.1
et seq.
28 Pa. Code § 101.1 et seq.March 2009, 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
or
James T. Steele
(717) 783-2500Communicable Diseases
28 Pa. Code § 27.1
et seq.January 2009,
as proposed.The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation and revise language pertaining to reportable diseases. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21. Regulations are currently being distributed internally for review. Jalene Kolb
(717) 783-2500Supplemental Nutrition Program for Women, Infant's and Children (WIC)
28 Pa. Code § 1101.1 et seq.May 2009, as final. 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 Child Nutrition and WIC Reauthorization Act of 2004, Pub. L. No. 108-265, § 203, 118 Stat. 729, 771--780. See, 42 U.S.C. § 1786. Douglas Snyder
(717) 783-2500School Immunization Requirements
28 Pa. Code §§ 23.83 and 23.86January 2009, as final. 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) 783-2500Drug and Alcohol confidentiality, disclosure of client-oriented information
4 Pa. Code § 255.5(a) (in part) and (b).January 2009, as final. The amendment of existing regulations will rescind and amend parts of 4 Pa. Code § 255.5(a) and 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 1690-101 et seq. Keith B. Fickel
(717) 783-2500Health Facility Licensure Home Care Agencies and Home Care Registries
28 Pa. Code
Chapter 611July 2008, as final. These new regulations are being promulgated pursuant to Section 803 (10) of the Health Care Facilities Act, Act of July 19, 1979 (P. L. 130, No. 48), as amended, 35 P. S. § 448.803(1), and Act 2006-69 at § 809.1. Act 69 of 2006 expressly authorized the Department to set licensure standards for home care agencies and home care registries. Home care agencies employ direct care workers and home care registries refer direct care workers who are independent contractors to provide home care services to individual in their home or other independent living environment. Home care services include assistance with activities of daily living and instrumental activities of daily living, companionship, respite care and other non-medical services. The regulations were published as proposed on August 11, 2007. Final regulations have been prepared and are with the Governor's Budget, Policy and Legal Office for review and approval. Karin Simpson
(717) 783-2500Outpatient Integrated Treatment for Persons with Co-Occurring Psychiatric and Substance Use Disorders
28 Pa. Code
Chapter 719March 2009, as proposed. These new regulations would be promulgated, simultaneously with identical regulations from the Department of Public Welfare, to permit providers of drug & alcohol treatment services and mental health treatment services to obtain licenses from the Departments of Health and Public Welfare authorizing them to deliver integrated treatment on an outpatient basis to persons suffering from co-occurring psychiatric and substance use disorders. The proposed regulations would establish minimum requirements for licensure, including staffing, training, records and other aspects required for appropriate treatment delivery. There are currently no regulations which provide for licensure of providers of integrated treatment for co-occurring disorders. Instead, facilities that wish to provide integrated treatment currently must meet all the requirements to obtain separate licenses for drug and alcohol and mental health treatment. The proposed regulations would simplify the survey and licensure process for providers. These regulations would be published pursuant to the Department's authority under Articles IX and X of the Public Welfare Code (62 P. S. §§ 901--922, 1001--1031, and 1051--1059), as transferred to the Department under Reorganization Plan No. 2 of 1977 (71 P. S. § 751-25) and Reorganization Plan No. 4 (71 P. S. § 751-31), and the Drug and Alcohol Abuse Control Act (71 P. S. §§ 1690.101--1690.114). Robert T. Datorre
(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.Winter 2008 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 prior to principal amortization.
(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
Continuing Education for Insurance Agents and Brokers
39, §§ 39.1--39.12Spring 2009, 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. This regulation will be updated to reflect education and training of producers. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429Property and Casualty Actuarial Opinion
31 Pa. Code, §§ 118a.1--118a.7 (NEW)Spring/Summer 2009, 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) 787-4429Annual Audited Insurers' Financial Report Regulation
31 Pa. Code
Chapter 147, §§ 147.1--147.15Winter/Spring 2009, as proposed. To amend Chapter 147, commonly referred to as the ''CPA Audit Rule'' in accordance with the revised NAIC model was developed as a result of the NAIC's review of the Sarbanes-Oxley Act of 2002, also known as the Public Company Accounting Reform and Investor Protection Act of 2002, or ''SOX.'' Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429Military Sales Model Regulation, Regulation 11-241. Spring 2009, as final. To adopt the NAIC model in response to Congress' direction in Section 9 of the Military Personnel Financial Services Protection Act Peter J. Salvatore
Regulatory Coordinator
(717) 787-4429Medicare Supplement Model Regulation Amendments
31 Pa. Code
Chapter 89, §§ 89.772--89.791Winter/Spring 2009, as final. Amend regulation in accordance with revised NAIC model regulation, which includes major changes to Medigap plans and benefits approved by the NAIC in March 2007 and authorized by the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA); also contains changes required by the Genetic Information Nondiscrimination Act of 2008 (GINA). Peter J. Salvatore
Regulatory Coordinator
(717) 787-4429Use of Senior-Specific Certifications and Professional Designations in the Sale of Life Insurance and Annuities
31 Pa. Code, NEW ChapterSpring 2009, as proposed. Adopt new NAIC model regulation re: the use of senior-specific certifications and professional designations in connection with an offer, sale or purchase of life insurance or an annuity to seniors or the provision of advice to seniors in connection with an offer, sale or purchase of life insurance or annuities. Peter J. Salvatore
Regulatory Coordinator
(717) 787-4429Autism Review Process
31 Pa. Code Chapter 168, New ChapterSpring/Summer 2009, as proposed. Act 62 of 2008 provides for regulations to implement and administer a review process for denials under the autism mandate, which takes effect July 1, 2009. Peter J. Salvatore
Regulatory Coordinator
(717) 787-4429LABOR AND INDUSTRY
Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety. Submit proposed
rulemaking in Fall 2009.Adopt the triennial edition of the ICC codes with exclusions directed by the UCC Advisory Council and update existing regulations. Edward Leister
(717) 787-3323Liquefied Petroleum Gas, Title 34. Bureau of Occupational and Industrial Safety. Submit proposed rulemaking in Winter 2009. 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) 787-3323Storage and Use of Flammable and Combustible Liquids, Title 37, Part I Chap. 13, Bureau of Occupational and Industrial Safety Submit proposed rulemaking in Fall 2009. Update existing regulations promulgated by the State Police. Jack Davenport
(717) 772-2443Business Enterprise Program, Title 34. Bureau of Blindness and Visual Services Submit proposed rulemaking in Winter 2009. Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws. David DeNotaris
(717) 783-3784Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Tax Services Submit proposed rulemaking in Winter 2009. 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 2009. Update requirements and procedures for filing benefit claims and applications. Jeri Morris
(717) 787-3667Bureau of Workers' Compensation
Title 34,
Chapter 127, Medical Cost ContainmentSubmit revised proposed rulemaking Summer 2009. Update processes governing medical care and costs under the Workers' Compensation Act. John T. Kupchinsky
(717) 783-5421Bureau of Workers' Compensation
Title 34,
Chapter 125A, Self-InsuranceSubmit proposed rulemaking in Spring 2009. Clarify standards and security requirements for individual self-insured employees. George Knehr
(717) 783-4476Bureau of Workers' Compensation
Title 34,
Chapter 131Submit final rulemaking in Summer 2009. 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 111Submit proposed rulemaking in Summer 2009. Update procedures for Workers' Compensation Appeal Board. Susan McDermott
(215) 560-4583Bureau of Mediation, Title 34 Submit proposed rulemaking in Fall 2009. 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 2009. Update provisions and rescind expired Food-Service Employee Incentive Program. James A. Holzman
(717) 787-4186Bureau of Labor Law Compliance, Title 34 Prohibition of Excessive Overtime in Health Care Act Submit proposed rulemaking in Fall 2009. Regulations to implement this law. James A. Holzman
(717) 787-4186MILITARY AND VETERANS AFFAIRS
State Veterans' Homes
43 Pa. Code
Section 7.1 et. seq.October 2008 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 204Final regulations, June 2009. 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 regulation was submitted to IRRC in the fall of 2008; however, the standing committees did not have time to complete their review prior to sine die. They must be resubmitted to the committees and the IRRC. Final regulations are ready to be resubmitted once notified by IRRC that the standing committees have been reconstituted. Todd Burns
(717) 787-5699 Ext. 389The Parole Act
61 P. S. § 331.21(b) requires the Board to establish rules and regulations for the payment of fees for screening tests for controlled substances.The draft regulation is expected published in late Fall 2009. The Board is working on the draft regulation to be submitted for review in Summer 2009 by OGC. Daniel Hazelett
(717) 787-5699 Ext. 427Revision to
37 Pa. Code § 63.1
''Granting of Parole''Being developed internally in Q1 and Q2 of CY 2009. The Board is working on the draft regulation to be submitted for review in Summer 2009 by OGC. Cynthia Daub
(717) 787-5684Revision to
37 Pa. Code § 71.4 ''Conviction of a New Criminal Offense''Being developed internally in Q1 and Q2 of CY 2009. The Board is working on the draft regulation to be submitted for review in Summer 2009 by OGC. Victoria Madden
(717) 787-8126PUBLIC 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 3130December 2009, 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 3680April 2010, as proposed. This regulation incorporates the changes identified in the Child and Family Services Review, including requirements for visitation with fathers and non-custodial parents and between siblings; concurrent planning; improving permanency outcomes for children and preserving connections with family and community for children placed out of the home. Ruth O'Brien
(717) 783-2800Food Stamp Disqualification Penalties
55 Pa. Code
Chapter 501February 2009, as proposed. This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from six months to one year for the first violation and from one year to two years for the second violation. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800Family Violence Option
55 Pa. Code
Chapter 108August 2009, as final-form. 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) 783-2800Medical Assistance Changes
(MAC)
55 Pa. Code
Chapters 133, 140, 141, 178 and 181May 2009, 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, 285April 2009 as final-form as proposed. The 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 165March 2009 as proposed. The 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 2009 as proposed. The purpose of this proposed regulation is to incorporate revised policies for work participation according to Federal statutes and regulations. Ruth O'Brien
(717) 783-2800Deficit Reduction Act of 2005
(Long-Term Care Eligibility Requirements)
55 Pa. Code
Chapter 178April 2009 as proposed. This regulation incorporates changes to the eligibility requirements for payment of Long-Term Care (LTC) services identified in the Deficit Reduction Act of 2005. Major changes include revisions to the determination of periods of ineligibility for payment of LTC services due to transfers of assets for less than fair market value (FMV), a new eligibility criterion regarding an individual's equity value in his/her home, revision to the spousal impoverishment procedures regarding resource eligibility of a married individual, and implementation of a formal undue hardship process for those individuals denied eligibility for payment of LTC services due to a transfer of assets for less than FMV or because of substantial home equity. Ruth O'Brien
(717) 783-2800Deficit Reduction Act of 2005
(Citizenship and Identity requirements for Medicaid)
55 Pa. Code
Chapters 125, 141, 150 and 201May 2009, as proposed. The purpose of this regulation is to incorporate revised policies relating to citizenship and identity mandated by the Federal Deficit Reduction Act of 2005 for individuals who are applying and being reviewed for continuing Medicaid. Ruth O'Brien
(717) 783-2800Medical Assistance for Workers with Disabilities (MAWD)
55 Pa. Code
Chapter 140March 2009 as proposed. The purpose of this proposed rulemaking is to make categorically needy Medical Assistance available to individuals with disabilities who are at least 16 years of age or older but under 65 years of age, and who meet established income, resource and work related requirements. Title II of the Ticket to Work and Work Incentives Act of 1999 amended § 1902(a)(10)(A)(ii)(XV) and (XVI) of the Social Security Act and expanded the options for states to provide health care coverage to the individuals working with a disability. Ruth O'Brien
(717) 783-2800Early and Periodic Screening Diagnosis Treatment (EPSDT)
55 Pa. Code
Chapters 1101, 1121, 1123, 1147 and 1241July 2009, as proposed. This regulation relating to services provided as a follow-up to an EPSDT visit or encounter that are not currently recognized under the approved Medical Assistance State Plan. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Medical Assistance Case Management Services
55 Pa. Code
Chapter 1239July 2009, 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 and 1243July 2009, 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 1141April 2009, 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 2009, 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 2009, 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 and 1221June 2009, 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 1101June 2009, 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 1121June 2009, 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 1149June 2009, 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) 783-2800Civil Rights Requirements for Nursing Facilities
55 Pa. Code
Chapter 1187August 2009, as proposed. This regulation will require nursing facilities to request and maintain a file of civil rights compliance information on each applicant. Through review of the civil rights information, the Department may better ensure that the MA program is operated in conformity with applicable laws that prohibit discrimination on race, color, national origin and disability. Ruth O'Brien
(717) 783-2800Assisted Living Residence
55 Pa. Code
Chapter 2800August 2009 as final-form. This rulemaking will provide a system of licensure and regulation of assisted living residences to ensure accountability and a balance of availability between institutional and home- and community-based long-term care. This will help Pennsylvanians to age in place, maintain their independence and exercise decision making and personal choice. Ruth O'Brien
(717) 783-2800Phase-Out of County Costs in Rate Setting and Phase-In of Minimum Occupancy Requirements for Bed Hold Payments
55 Pa. Code
Chapters 1187 and 1189June 2009, as proposed. Act 44 of 2008 requires the Department to promulgate regulations that create minimum occupancy requirements for nursing facility bed hold payments and phases out the use of county nursing facility costs in the establishment of peer group prices for nonpublic nursing facility rates. Ruth O'Brien
(717) 783-2800Participation Review Process
55 Pa. Code
Chapter 1187June 2009, as proposed. Act 16 of 2007 requires the Department to promulgate regulations that establish the process and criteria to be used to review and respond to requests for increases in Medical Assistance certified nursing facility beds. Ruth O'Brien
(717) 783-2800Medical Assistance Copayment Changes
55 Pa. Code
Chapter 1101March 2009, 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) 783-2800Third Party Liability Programs
55 Pa. Code
Chapter 259October 2009, 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 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) 783-2800Medical Assistance Estate Recovery Changes
55 Pa. Code
Chapter 258April 2009, as proposed. This regulation will incorporate additions and changes to the estate recovery program regulation that was codified in February 2003. The changes reflect modification and additions identified since implementation. These include additional and clarified definitions; inclusion of language regarding the Long-Term Care Partnership; modification of the Department's priority of claim based on a change to 20 Pa.C.S. § 3392 relating to classification and order of payment; and clarifications regarding undue hardship waivers, postponement of collection and computation of claim. Ruth O'Brien
(717) 783-2800Family-Based Mental Health Service Providers
55 Pa. Code
Chapter 5260June 2009, as proposed. This 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) 783-2800Residential Treatment Facilities (RTF) for Mental Health Services
55 Pa. Code
Chapters 31, 1157 and 1165March 2009, 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 (MAAC) on 3/28/02 and again to the MAAC as well as other interested stakeholders on 4/20/06. The comments and revised regulations are under review by the Department. Ruth O'Brien
(717) 783-2800Outpatient Drug and Alcohol Clinic Services
55 Pa. Code
Chapter 1223July 2009, as proposed. This proposed regulation is needed to maintain consistency with the Department of Health licensing definitions and align these regulations with current Federal and State licensing requirements, as well as, current treatment trends. Ruth O'Brien
(717) 783-2800Integrated Treatment for Outpatient Clinics
(formerly referred to as ''Psychiatric Outpatient Clinics'')
55 Pa. Code
Chapter 5200July 2009, as proposed. These regulations would be promulgated, simultaneously with identical regulations from the Department of Health, to permit providers of drug and alcohol treatment services and mental health treatment services to obtain licenses from the Departments of Health and Public Welfare authorizing them to deliver integrated treatment on an outpatient basis to persons suffering from co-occurring psychiatric and substance use disorders. The proposed regulations would establish minimum requirements for licensure, including staffing, training, records and other aspects required for appropriate treatment delivery. There are currently no regulations which provide for licensure of providers of integrated treatment for co-occurring disorders. Instead, facilities that wish to provide integrated treatment currently must meet all the requirements to obtain separate licenses for drug and alcohol and mental health treatment. The proposed regulations would simplify the survey and licensure process for providers. These regulations would be published pursuant to the Department's authority under Articles IX and X of the Public Welfare Code (62 P. S. §§ 901--922, 1001--1031, and 1051--1059). Ruth O'Brien
(717) 783-2800Intermediate Care Facilities for the Mentally Retarded
55 Pa. Code
Chapter 6650November 2009, as proposed. This regulation applies to private and public residential facilities receiving moneys for intermediate care facilities for the mentally retarded (ICFs/MR) or intermediate care facilities for persons with other related conditions (ICFs/ORC). This regulation will include facility capacity, facility expansion, new ICF/MR development, restraints, incident management, conversion of existing ICF/MR to the Medicaid Consolidated Waiver program, medication administration, medication administration training, self-administration of medications and medication log. Ruth O'Brien
(717) 783-2800Regulatory Revisions: Adult Training Facilities; Vocational Facilities; Community Homes for Individuals with Mental Retardation; Family Living Homes
55 Pa. Code
Chapters 2380, 2390, 6400 and 6500November 2010 as proposed. The regulatory revisions will establish consistent new business practices for providers to ensure they meet the necessary health and safety needs of the individuals they serve. The regulatory revisions will also increase consistency across services and providers per Federal requirements. Ruth O'Brien
(717) 783-2800Individual Support Plans
55 Pa. Code
Chapters 2380, 2390, 6400 and, 6500May 2009, as final-form. This proposed rulemaking will amend the current Individual Program Plan/Individual Written Program Plan regulations to reflect current practices and requirements related to Individual Support Plans. Ruth O'Brien
(717) 783-2800REVENUE
Support Offset and Other Personal Income Tax Provisions July, 2009, 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) 346-4633Amendments to
Chapter 117. Return and Payment of TaxJuly, 2009, as proposed. The proposed regulation will amend § 117.9 and add § 117.9b to reflect the Department's policy regarding the form of Pennsylvania Personal Income Tax returns. In addition, the regulation will provide clear instructions for taxpayers regarding reporting requirements. Douglas Berguson
(717) 346-4633Pennsylvania Subchapter S Corporations
--Election Language
61 Pa. Code
Chapter 107aDecember, 2009, as proposed. The Department is promulgating a new rulemaking as a result of Act 2006-67, which made significant changes to how S corporations are taxed under Pennsylvania Personal Income Tax. Douglas Berguson
(717) 346-4633Corporate Net Income Tax
61 Pa. Code, §§ 151.14, 153.54, and 153.66--Amended ReportFebruary, 2009, as proposed. The proposed regulation provides a procedure for the filing of amended corporate tax reports for tax reports governed by the assessment process enacted in Act 119 of 2006. Obsolete language will be replaced. Douglas Berguson
(717) 346-4633Amendments to
61 Pa. Code
Chapters 73 and 74
Malt Beverage TaxMay, 2009, as final. The amendments to Chapters 73 and 74 codify legislative changes relating to the Malt Beverage Tax that were set forth in Act 46 of 2003. Douglas Berguson
(717) 346-4633Pennsylvania Sales and Use Tax Amendments to
61 Pa. Code § 53.1 ClothingFebruary, 2009, as proposed. The proposed regulation will amend § 53.1 to conform with the statute, as well as amend definitions and clarify examples. Douglas Berguson
(717) 346-4633SECURITIES COMMISSION
No regulations being developed or considered at this time.
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