[40 Pa.B. 771]
[Saturday, February 6, 2010]
[Continued from previous Web Page]
GENERAL SERVICES Responsibility
4 Pa. Code
Chapter 60Fall 2010, as proposed. This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures. Michael C. Barrett
(717) 346-9781Committee on Construction
Contract Documents, 4 Pa. Code
Chapter 62Summer 2010, as final omitted. The Procurement Code repealed the legislation creating this committee, which no longer exists. Michael C. Barrett
(717) 346-9781Selections Committee, 4 Pa. Code
Chapter 64Summer 2010, as final omitted. These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Michael C. Barrett
(717) 346-9781Emergency Construction Repairs 4 Pa. Code
Chapter 67Summer 2010, as final omitted. These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Michael C. Barrett
(717) 346-9781Contract Compliance 4 Pa. Code
Chapter 68, Subchapter A, Prequalification of Vendors and Nonconstruction ContractorsSummer 2010, as final omitted. These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system. Michael C. Barrett
(717) 346-9781Methods of Awarding Contracts,
4 Pa. Code
Chapter 69Summer 2010, as final omitted. These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Michael C. Barrett
(717) 346-9781Use of the Forum
4 Pa. Code
Chapter 87Summer 2010, 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. Michael C. Barrett
(717) 346-9781State Metrology Laboratory
Fee Schedule
70 Pa. Code § 110.2Spring 2010, as final. The fee schedule will be updated. Michael C. Barrett
(717) 346-9781HEALTH
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.June 2010, 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. James T. Steele
(717) 783-2500Communicable and Non-Communicable Diseases
28 Pa. Code § 27.1
et seq.February 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) 783-2500Supplemental Nutrition Program for Women, Infant's and Children (WIC)
28 Pa. Code § 1101.1 et seq.Final, Published September 2009. 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 2010, 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) 783-2500Health Facility Licensure
Home Care Agencies and Home Care Registries
28 Pa. Code
Chapter 611Final, Published December 2009. 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. Karin Simpson
(717) 783-2500Outpatient Integrated Treatment for Persons with Co-Occurring Psychiatric and Substance Use Disorders
28 Pa. Code
Chapter 719March 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) 783-2500Nursing home regulations
28 Pa. Code §§ 201.3 and 211.6March 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) 783-2500Hospice Regulations June 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) 783-2500Emergency Medical Services System Regulations August 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) 783-2500HOUSING 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 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.
(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.Shawn W. Weis
(717)-783-6776(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.13Spring 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 Standards to Define Insurers Deemed to be in Hazardous Financial Condition, 31 Pa. Code
Chapter 160Spring 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) Summer 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) 787-4429Written Rebuttals to Examiner's Report and Appeals of Orders Adopting Reports of Examination,
31 Pa. Code
Chapter 58aSpring 2010, as proposed. The Department repealed outdated regulations relating to appeals from examinations because they were inconsistent with the current exam law. This new chapter will set forth procedures and standards consistent with the current statute. Peter J. Salvatore
Regulatory Coordinator
(717) 787-4429LABOR AND INDUSTRY Liquefied Petroleum Gas, Title 34, Bureau of Occupational and Industrial Safety Submit final rulemaking in Winter 2010. 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) 787-3323Uniform Construction Code, Title 34,
Part XIV, Bureau of Occupational and Industrial SafetySubmit proposed rulemaking in Fall 2010. Update and improve existing regulations for administration and enforcement of the UCC. Edward Leister
(717) 787-3323Business Enterprise Program, Title 34, Bureau of Blindness and Visual Services Submit proposed rulemaking in Winter 2010. 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 ServicesSubmit proposed rulemaking in Winter 2010. Update Unemployment Compensation Tax and select benefit regulations. Scott Miedrich
(717) 787-2097Unemployment Compensation,
Title 34, Bureau of Unemployment Compensation BenefitsSubmit proposed rulemaking in Winter 2010. Update requirements and procedures for filing benefit claims and applications. Jeri Morris
(717) 787-3667Unemployment Compensation,
Title 34, Chapter 101, Board of ReviewSubmit proposed rulemaking in Fall 2010. Update appeal and hearing procedures to reflect evolving procedures and statutory changes Edward Rawlings
(717) 787-1620Bureau of Workers' Compensation,
Title 34, Chapter 127, Medical Cost ContainmentSubmit revised proposed rulemaking Summer 2010. 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 final rulemaking in Spring 2010. Clarify standards and security requirements for individual self-insured employees. George Knehr
(717) 783-4476Bureau of Mediation, Title 34 Submit proposed rulemaking in Fall 2010. Specify procedures and process for Bureau mediators. William D. Gross
(717) 787-2803Bureau of Labor
Law Compliance, Title 34, Chapter 231, Minimum WageSubmit proposed rulemaking in Fall 2010. 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 Spring 2010. Regulations to implement this law. James A. Holzman
(717) 787-4186Bureau of Labor Law Compliance, Title 34, Chapter 83, Welfare of Apprentices Submit proposed rulemaking in Winter 2010. Amend provisions. Jason Anderson
(717) 787-4186Bureau of PENNSAFE
Title 34, Chapters 301—323, Worker and Community Right to KnowSubmit proposed rulemaking in Fall 2010. Amend the PA Hazardous Substance List. Thomas J. Ward, Jr.
(717) 783-1826MILITARY 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) 861-8503MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission.
37 Pa. Code
Chapter 204Final regulations, January 2010. 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
Revision to 37 Pa. Code §§ 61, 63, 67, 68, 69, 71, 73, 75 and 77 ''Board of Probation and Parole'' Updates to incorporate recent changes to Title 61 and emphasis on evidence based practices. To be worked on in CY 2010. Victoria Madden
Chief Counsel
(717) 787-812637 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.''Add new sections relating to ''Accidental Discharge,'' ''Break in Service,'' and ''Weapons Change.'' To be worked on in CY 2010. Todd Burns
Executive Director
FETC
(717) 787-5699
Ext. 389PUBLIC 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 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) 783-2800Administration
and Operation
of a Children and Youth Social
Services Agency
55 Pa. Code
Chapter 3680June 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) 783-2800Family Violence Option
55 Pa. Code
Chapter 108April 2010, 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) 783-2800Revisions to Special Allowances for Supportive Services 55 Pa. Code
Chapter 165May 2010, 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 165December 2010, 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) 783-2800Early and Periodic Screening Diagnosis Treatment (EPSDT) 55 Pa. Code
Chapters 1101, 1121, 1123, 1147 and 1241December 2010, 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 (MAAC). Ruth O'Brien
(717) 783-2800Medical Assistance Case Management Services
55 Pa. Code
Chapter 1239January 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 (MAAC). Ruth O'Brien
(717) 783-2800OMNIBUS Pharmacy 55 Pa. Code
Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225 and 1243December 2010, 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 (MAAC). Ruth O'Brien
(717) 783-2800Physician Assistant/Midwife
55 Pa. Code
Chapter 1141July 2010, 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 (MAAC). Ruth O'Brien
(717) 783-2800Discontinuance of the Mandatory Second Opinion Program
55 Pa. Code
Chapter 1150December 2010, 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 (MAAC). Ruth O'Brien
(717) 783-2800New Definition of ''Emergency Medical Condition''
55 Pa. Code
Chapters 1101, 1141, 1150 and 1221December 2010, 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 (MAAC). Ruth O'Brien
(717) 783-2800Definition of ''Medically Necessary'' 55 Pa. Code
Chapter 1101July 2010, 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 (MAAC). Ruth O'Brien
(717) 783-2800Tobacco Cessation and Nutritional Supplements
55 Pa. Code
Chapter 1121December 2010, 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 (MAAC). Ruth O'Brien
(717) 783-2800Dental Services
55 Pa. Code
Chapter 1149June 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 (MAAC). Ruth O'Brien
(717) 783-2800Civil Rights Requirements for Nursing Facilities
55 Pa. Code
Chapter 1187August 2010,
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 Medical Assistance 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 2800April 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) 783-2800Phase-Out of County Costs in Rate Setting and Phase-In of Minimum Occupancy Requirements for Bed Hold Payments
55 Pa. Code
Chapters 1187 and 1189July 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) 783-2800Participation Review Process
55 Pa. Code
Chapter 1187June 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) 783-2800Medical Assistance Copayment Changes 55 Pa. Code
Chapter 1101June 2011, as final-omitted. This regulation will codify new Medical Assistance 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) 783-2800Nursing Facility Rate Setting Changes to the Resident Assessment Instrument
55 Pa. Code
Chapter 1187June 2010, 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) 783-2800Nursing Facility Cost Reporting Change to Major Moveable Rentals
55 Pa. Code
Chapter 1187June 1010, as proposed. Reduction of paperwork requirement. Ruth O'Brien
(717) 783-2800Nursing Facility Reconfiguration/
Rightsizing
55 Pa. Code
Chapter 1187July 2010, as proposed. Transitioning Medical Assistance certified nursing facility beds to meet consumer demands. Ruth O'Brien
(717) 783-2800Third Party
Liability Programs
55 Pa. Code
Chapter 259October 2010, 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 Medical Assistance 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 258October 2010, 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 5260September 2010, 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 1165June 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 by 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) 783-2800Psychiatric Rehabilitation Services
55 Pa. Code
ChaptersDecember 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 (PRS) 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 PRS. Ruth O'Brien
(717) 783-2800Integrated Treatment for Outpatient Clinics (formerly referred to as ''Psychiatric Outpatient Clinics'') 55 Pa. Code
Chapter 5200December 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) 783-2800Intermediate Care Facilities for the Mentally Retarded
55 Pa. Code
Chapter 6650March 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) 783-2800Regulatory Revisions: Adult Training Facilities;
Vocational Facilities; Community Homes for Individuals with Mental Retardation; Family Living Homes 55 Pa. Code
Chapters 2380, 2390, 6400 and 6500March 2011 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 6500June 2010, 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) 783-2800Child Care Facilities 55 Pa. Code
Chapters 3270,
3280 and 3290March 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 the practitioners meet the professional development requirements through submission of documentation at the time of registration renewal. Ruth O'Brien
(717) 783-2800
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