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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 10-1132a

[40 Pa.B. 3431]
[Saturday, June 19, 2010]

[Continued from previous Web Page]

HEALTH
Health Facility Licensure—General Administrative Chapter & General and Special Hospitals
28 Pa. Code
Chapter 52
August 2010, as proposed. This new chapter will address governing body and quality assurance requirements for hospitals and other health care facilities. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101—448.904b. James T. Steele
(717) 783-2500
Communicable and Non-Communicable Diseases
28 Pa. Code § 27.1
et seq.
June 2010, 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. Jalene Kolb
(717) 783-2500
School Immunization Requirements
28 Pa. Code §§ 23.83 and 23.86
Final published June, 2010. 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) 783-2500
Outpatient Integrated Treatment for Persons with Co-Occurring Psychiatric and Substance Use Disorders
28 Pa. Code
Chapter 719
December 2010, 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) 783-2500
Nursing home regulations
28 Pa. Code §§ 201.3 and 211.6
December 2010, as proposed. Recent amendments made by Act 68 of 2008 to the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. §§ 1901—1922) include a definition for the term ''social worker'' and prohibits individuals from holding themselves out as social workers, using the title of ''social worker'' or using the abbreviation of ''S.W.'' without meeting Act 68's definition of ''social worker.'' Act 68 also prohibits ''advertising as a social worker and adopting or using any title or description of services incorporating the term ''social worker'' and their related abbreviations, which implies directly or indirectly that the individual is a social worker.'' The new statutory definition of a ''social worker'' conflicts with the definition in the Department's nursing home regulations. In order to resolve this conflict and allow facilities to continue to employ the individuals they currently employee in these positions (and who do not meet the new statutory definition of a social worker) the Department would propose to amend the term ''social worker'' in the regulations to ''social services coordinator.'' This will continue to allow nursing homes to hire individuals who meet the qualifications in the Department's nursing home regulations and in federal nursing home regulations, thereby giving facilities a larger pool of potential employees and controlling health care costs. The amendments would be promulgated pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101—448.904b, and Act 68. Robert T. Datorre
(717) 783-2500
Nursing home regulations
28 Pa. Code § 211.7(c)
August 2010, as final omit. This regulation will remove the requirement in the nursing home regulations that entries made by certified registered nurse practitioners (CRNPs) on residents' records must be countersigned by a physician within 7 days. The passage of Act 2007-48 and the adoption of regulations by the State Board of Nursing have insured that the collaborative agreement between a CRNP and a physician will address issues surrounding the CRNP's treatment of a resident. Chris Dutton
Robert Datorre
(717) 783-2500
Hospice Regulations November 2010, as proposed. These regulations will establish and enforce minimum standards for the licensure of hospice services and residential facilities. The regulations are based on federal CMS regulations for Medicare certified providers. The regulations govern the construction, maintenance and operation of inpatient and residential hospice facilities to ensure safe, adequate and efficient provision of hospice services. Karin Simpson
(717) 783-2500
Emergency Medical Services System Regulations
October 2010 As proposed. These new regulations will facilitate the Department's administration of the Emergency Medical Services System Act (Act) chapter of Act 37 (2009), 35 Pa.C.S. §§ 8101—8157. The Act repeals and replaces the Emergency Medical Services Act. However, many of the provisions of the Emergency Medical Services Act will remain in effect for 180 after final regulations are promulgated under the Act. The Act is designed to update the existing emergency medical services system by ensuring higher quality and better coordinated emergency medical services are provided in a system that is fully integrated with the overall health care system and, in particular, with the public health system. Kenneth E. Brody
(717) 783-2500
HOUSING 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
Fall 2010. 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.
Shawn W. Weis
(717)-783-6776
(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.
INSURANCE
Continuing Education for Insurance Agents and Brokers
39 Pa. Code
§§ 39a.1—39a.13
Fall 2010, as final. 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) 787-4429
Property and Casualty Actuarial Opinion
31 Pa. Code
§§ 118a.1—118a.7 (NEW)
Fall 2010, 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) 787-4429
Standards to Define Insurers Deemed to be in Hazardous Financial Condition
31 Pa. Code
Chapter 160
Winter 2010, as proposed. Amend consistent with updates adopted in 2008 to NAIC Model 385. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429
Viatical Regulations
(NEW chapter)
Fall/Winter 2010, as proposed. New regulation addressing issues pertaining to the Licensing of Viatical Brokers. WAITING FOR NAIC MODEL TO BE FINALIZED. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429
LABOR AND INDUSTRY
Liquefied Petroleum Gas, Title 34, Chapter Bureau of Occupational and Industrial Safety Submit final rulemaking in Spring 2010. Enact the Propane and Liquefied Petroleum Gas Act passed in June 2002 and 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) 783-6304
Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety Submit proposed rulemaking in Winter 2011. Update and improve existing regulations for administration and enforcement of the UCC. Edward Leister
(717) 783-6304
Flammable and Combustible Liquids, Title 37, Part I, Bureau of Occupational and Industrial Safety Submit proposed rulemaking in Winter 2011. Update the requirements for unattended self-service stations and adopt requirements for storage and dispensing of compress natural gas as vehicular fuel. Edward Leister
(717) 783-6304
Boilers and Unfired Pressure Vessels, Title 34, Chapter 3a, Bureau of Occupational and Industrial Safety Submit proposed rulemaking in Fall 2010. Update the codes adopted to the current editions. Edward Leister
(717) 783-6304
Business Enterprise Program, Title 34, Bureau of Blindness and Visual Services Submit proposed rulemaking in Winter 2011. Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws. David DeNotaris
(717) 783-3784
Unemployment Compensation, Title 34, Chapter 61, Bureau of Unemployment Compensation Tax Services and Office of Unemployment Compensation Benefits Proposed rulemaking published Spring 2010. Update Unemployment Compensation administration regulation. Scott Miedrich
(717) 787-2097
Unemployment Compensation, Title 34, Chapter 63, Bureau of Unemployment Compensation Tax Services Submit proposed rulemaking in Summer 2010. Update Unemployment Compensation tax and employer regulations. Scott Miedrich
(717) 787-2097
Unemployment Compensation, Title 34, Chapter 65, Office of Unemployment Compensation Benefits Proposed rulemaking published Spring, 2010. Update Unemployment Compensation benefits and claimant regulations. Craig Pontz
(717) 783-0605
Unemployment Compensation
Title 34, Chapter 101,
Board of Review
Submit proposed rulemaking in Fall 2010. Update appeal and hearing procedures to reflect evolving procedures and statutory changes. Edward Rawlings
(717) 787-1620
Bureau of Workers' Compensation, Title 34, Chapter 125A, Self-Insurance Submit final rulemaking in Summer 2010. Clarify standards and security requirements for individual self-insured employees. George Knehr
(717) 783-4476
Bureau of Labor Law Compliance, Title 34, Chapter 231, Minimum Wage Submit proposed rulemaking in Fall 2010. Update provisions and rescind expired Food-Service Employee Incentive Program. James A. Holzman
(717) 787-4186
Bureau of Labor Law Compliance, Title 34, Part XII, Chapter 225 Prohibition of Excessive Overtime in Health Care Act Submit proposed rulemaking in Spring 2010. Regulations to implement this law. James A. Holzman
(717) 787-4186
Bureau of Labor Law Compliance, Title 34, Chapter 83, Welfare of Apprentices Submit proposed rulemaking in Fall 2010. Amend provisions to reflect federal requirements. Jason Anderson
(717) 787-4186
Bureau of PENNSAFE
Title 34, Chapters 301—323,
Worker and Community Right to Know
Submit proposed rulemaking in Spring 2011. Amend the PA Hazardous Substance List. Thomas J. Ward, Jr.
(717) 783-1826
Bureau of Labor Law Compliance, Title 34, Chapter 31 Seasonal Farm Labor Submit proposed rulemaking in Summer 2010. Update regulations and clarify jurisdiction. Kathryn McDermott Speaks
(717) 787-4186
MILITARY AND VETERANS AFFAIRS
State Veterans' Homes
43 Pa. Code § 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) 861-8503
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
No regulations being developed or considered at this time.
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PROBATION AND PAROLE
Revision to 37 Pa. Code §§ 61, 63, 65, 67, 68, 69, 71, 73, 75 and 77
''Board of Probation and Parole''
To be worked on in FY 2010. Updates to incorporate recent changes to Title 61 and emphasis on evidence based practices. Linda Laub
Acting Chief Counsel
(717) 787-8126
Addition of a section to 37 Pa. Code Part II
''Board of Probation and Parole''
To be worked on in FY 2010. Addition to address urinalysis collection as mandated by 61 Pa.C.S. § 6137(e)(2). Colleen Fickel
Director
Central Services
PBPP
(717) 787-5699
Ext. 292
37 Pa. Code
Chapter 79
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.''
To be worked on in FY 2010. Add new sections relating to ''Accidental Discharge,'' ''Break in Service,'' and ''Weapons Change.'' Todd Burns
Executive Director
FETC
(717) 787-5699
Ext. 389
PUBLIC 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 3130
December 2010, 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) 783-2800
Administration and Operation of a Children and Youth Social Services Agency
55 Pa. Code
Chapter 3680
June 2011, 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) 783-2800
Revisions to Special Allowances for Supportive Services
55 Pa. Code
Chapter 165
January 2011 as final-form. The purpose of this 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) 783-2800
Deficit Reduction Act of 2005 (TANF Reauthorization)
55 Pa. Code
Chapter 165
August 2011 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) 783-2800
Early and Periodic Screening Diagnosis Treatment (EPSDT)
55 Pa. Code
Chapters 1101, 1121, 1123, 1147 and 1241
December 2011, 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) 783-2800
Medical Assistance Case Management Services
55 Pa. Code
Chapter 1239
July 2011, 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) 783-2800
OMNIBUS Pharmacy
55 Pa. Code
Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225 and 1243
December 2011, 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) 783-2800
Physician Assistant/Midwife
55 Pa. Code
Chapter 1141
July 2011, as final-omitted. This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Discontinuance of the Mandatory Second Opinion Program
55 Pa. Code
Chapter 1150
July 2011, as final-omitted. This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
New Definition of ''Emergency Medical Condition''
55 Pa. Code
Chapters 1101, 1141, 1150 and 1221
July 2011, 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) 783-2800
Tobacco Cessation and Nutritional Supplements
55 Pa. Code
Chapter 1121
December 2011, as final-omitted. This final regulation will provide coverage under the Medical Assistance Program for tobacco cessation products and counseling services and will extend coverage for nutritional supplements to eligible Medical Assistance recipients 21 years of age and older. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Dental Services
55 Pa. Code
Chapter 1149
June 2011, as final-omitted. This final regulation will provide coverage for crown core build-up and will revise the Medical Assistance Orthodontia Program. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800
Civil Rights Requirements for Nursing Facilities
55 Pa. Code
Chapter 1187
January 2011, 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) 783-2800
Assisted Living Residence
55 Pa. Code
Chapter 2800
July 2010, 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) 783-2800
Phase-Out of County Costs in Rate Setting and Phase-In of Minimum Occupancy Requirements for Bed Hold Payments
55 Pa. Code
Chapters 1187 and 1189
November 2010, as final-form. 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) 783-2800
Participation Review Process
55 Pa. Code
Chapter 1187
November 2010, 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) 783-2800
Medical Assistance Copayment Changes
55 Pa. Code
Chapter 1101
June 2011, 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
Nursing Facility Rate Setting Changes to the Resident Assessment Instrument
55 Pa. Code
Chapter 1187
February 2011, as proposed. This regulation will use 5.12 34 Grouper as a result of CMS's final rule (CMS 1410-F) directing states to transition from MDS 2.0 to MDS 3.0 on October 1, 2020. Ruth O'Brien
(717) 783-2800
Nursing Facility Cost Reporting Change to Major Moveable Rentals
55 Pa. Code
Chapter 1187
March 2011, as proposed. Reduction of paperwork requirement. Ruth O'Brien
(717) 783-2800
Nursing Facility Reconfiguration/ Rightsizing
55 Pa. Code
Chapter 1187
March 2011, as proposed. Transitioning Medical Assistance certified nursing facility beds to meet consumer demands Ruth O'Brien
(717) 783-2800
Exceptional Nursing Facility Payment
55 Pa. Code
Chapter 1187
March 2011, as proposed. This regulation will eliminate the current Peer Group 13 (Special Rehabilitation Nursing Facilities) in the current nursing facility rate setting methodology and replace it, for certain qualified facilities with a blended rate payment system design. A portion of the blended rate will continue to be based upon the current case-mix payment methodology and a portion will be based upon an established price for certain exceptional nursing facility residents. Ruth O'Brien
(717) 783-2800
Third Party Liability Programs
55 Pa. Code
Chapter 259
July 2011, 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) 783-2800
Medical Assistance Estate Recovery Changes
55 Pa. Code
Chapter 258
July 2011, 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) 783-2800
Family-Based Mental Health Service Providers
55 Pa. Code
Chapter 5260
January 2011, 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) 783-2800
Residential Treatment Facilities (RTF) for Mental Health Services
55 Pa. Code
Chapters 31, 1157 and 1165
October 2010, 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) 783-2800
Psychiatric Rehabilitation Services
55 Pa. Code
Chapters
October 2010, as proposed. The Office of Mental Health and Substance Abuse Services is in the process of amending the Commonwealth's Title XIX Medicaid State Plan to add Psychiatric Rehabilitation Services to the Rehabilitation option. This service is being added under the provision of 42 CFR 44.130(d) ''Rehabilitation Services.'' Psychiatric rehabilitation is a therapeutic rehabilitation service for individuals with mental illness designed to increase competence in normal life activities and allows individuals to pursue life goals with the greatest amount of independence. The proposed regulation will promulgate the minimum standards for the delivery of Psychiatric Rehabilitation Services (PRS). Ruth O'Brien
(717) 783-2800
Integrated Treatment for Outpatient Clinics
(formerly referred to as ''Psychiatric Outpatient Clinics'')
55 Pa. Code
Chapter 5200
December 2010, 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) 783-2800
Intermediate Care Facilities for the Mentally Retarded
55 Pa. Code
Chapter 6650
March 2011, as proposed. This regulation applies to private and public residential facilities receiving monies 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) 783-2800
Individual Support Plans
55 Pa. Code
Chapters 2380, 2390, 6400 and 6500
August 2010, as final-form. This rulemaking amends 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) 783-2800
Requirements for Waiver Services for Individuals with Mental Retardation
55 Pa. Code
Chapter 1253
November 2010, as proposed. This regulation will include fiscal and programmatic requirements for individuals and providers relating to receipt and provision of Medical Assistance services funded through the Consolidated and Person/Family Directed Support (P/FDS) Waivers. Ruth O'Brien
(717) 783-2800
Child Care Facilities
55 Pa. Code
Chapters 3270, 3280 and 3290
July 2010, as proposed. The proposed amendments to the child care facility regulations relating to professional development requirements for all child care practitioners will strengthen the child care work force and provide practitioners with the knowledge and competencies needed to provide safe and healthy care to children. The changes will increase the minimum standards for annual training hours, require minimum standards for entities that offer professional development, establish a core curriculum for practitioners and ensure that practitioners meet the professional development requirements through submission of documentation at the time of registration renewal. Ruth O'Brien
(717) 783-2800
REVENUE
Support Offset and Other Personal Income Tax Provisions March, 2011, as proposed This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions. Douglas Berguson
(717) 346-4633
Amendments to Chapter 117. Return and Payment of Tax July, 2010, 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) 346-4633
Pennsylvania Subchapter S Corporations— Election Language
61 Pa. Code
Chapter 107a
March, 2011, 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) 346-4633
Corporate Net Income Tax
61 Pa. Code
§§ 151.14, 153.54 and 153.66—
Amended Report
July, 2010, as final. 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) 346-4633
Pennsylvania Sales and Use Tax Amendments to
61 Pa. Code
§ 53.1 Clothing
Final regulation published at
40 Pa.B. 1746
(April 3, 2010).
The proposed regulation will amend § 53.1 to conform with the statute, as well as amend definitions and clarify examples. Douglas Berguson
(717) 346-4633
§ 119.30 Innocent Spouse Relief Proposed regulation published at
40 Pa.B. 1916
(April 10, 2010); March, 2011, as final.
The Department is promulgating a new rulemaking to clarify the Department's policy on Innocent Spouse Relief for Pennsylvania Personal Income Tax as enacted under Act 87 of 2002. Douglas Berguson
(717) 346-4633
SECURITIES COMMISSION
No regulations being developed or considered at this time.

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