[41 Pa.B. 679]
[Saturday, January 29, 2011]
[Continued from previous Web Page]
Regulation Being
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact 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 2010-11. 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 Fraternal Beneficial Societies
(31 Pa. Code
Chapter 43)Spring 2011, as final omitted. Delete an obsolete, unnecessary regulation relating to the establishment and valuation of reserves by fraternal beneficial societies. 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 2011, 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) 787-4429Life Insurance Illustrations
(New
Chapter 87a)Summer 2011, as proposed. Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form. Peter J. Salvatore
Regulatory Coordinator
(717) 787-4429LABOR AND INDUSTRY
Uniform Construction Code,
Title 34, Part XIV, Bureau of Occupational and Industrial SafetySubmit proposed rulemaking in Summer 2011. Update and improve existing regulations for administration and enforcement of the UCC and adopt appropriate provisions of Chapter 30 of the International Building Code (related to elevators and conveying systems) Edward Leister
(717) 783-6304Flammable and Combustible Liquids,
Title 37, Part I, Bureau of Occupational and Industrial SafetySubmit proposed rulemaking in Spring 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) 783-6304Boilers and Unfired Pressure Vessels,
Title 34, Chapter 3a, Bureau of Occupational and Industrial SafetySubmit proposed rulemaking in Spring 2011. Update the codes adopted to the current editions. Edward Leister
(717) 783-6304Business Enterprise Program,
Title 34, Bureau of Blindness and Visual ServicesSubmit 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) 783-3784Unemployment Compensation,
Title 34, Chapter 61, Bureau of Unemployment Compensation Tax Services and Office of Unemployment Compensation BenefitsPublish as Final in Winter 2011. Update Unemployment Compensation administration regulation. Scott Miedrich
(717) 787-2097Unemployment Compensation,
Title 34, Chapter 63, Bureau of Unemployment Compensation Tax ServicesPublish final form regulation in Winter 2011. Update Unemployment Compensation tax and employer regulations. Scott Miedrich
(717) 787-2097Unemployment Compensation,
Title 34, Chapter 65, Office of Unemployment Compensation BenefitsPublish as final regulation in Winter 2011. Update Unemployment Compensation benefits and claimant regulations. Craig Pontz
(717) 783-0605Unemployment Compensation
Title 34, Chapter 101
Board of ReviewSubmit proposed rulemaking in Summer 2011. Update appeal and hearing procedures to reflect evolving procedures and statutory changes. Edward Rawlings
(717) 787-1620Bureau of Labor Law Compliance,
Title 34, Part XII, Chapter 225 Prohibition of Excessive Overtime in Health Care ActSubmit proposed rulemaking in Winter 2011. Regulations to implement this law. James A. Holzman
(717) 787-4186Bureau of Labor Law Compliance,
Title 34,
Chapter 83, Welfare of ApprenticesSubmit proposed rulemaking in Fall 2011. Amend provisions to reflect federal requirements. Jason Anderson
(717) 787-4186Bureau of PENNSAFE
Title 34, Chapters 301—323, Worker and Community Right to KnowSubmit proposed rulemaking in Summer 2011. Amend the PA Hazardous Substance List. Thomas J. Ward, Jr.
(717) 783-1826Bureau of Labor Law Compliance,
Title 34,
Chapter 31 Seasonal Farm LaborSubmit proposed rulemaking in Winter 2011. Update regulations and clarify jurisdiction. James A. Holzman
(717) 787-4186MILITARY 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 203Proposed regulations, June 2011. The Commission intends to update regulations promulgated pursuant to 53 Pa.C.S. § 2164(1), (8) and (14) (relating to Part III, Subpart C, of the Local Government Code). Syndi L. Guido
(717) 772-0905PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time. PROBATION AND PAROLE Revision to 37 Pa. Code §§ 63, 65, 67, 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) 787-8126Addition 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). Colleen Fickel
Director
Central Services, PBPP
(717) 787-5699
Ext. 29237 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. 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 2012, 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 2013, 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) 783-2800Deficit Reduction Act of 2005 (TANF Reauthorization)
55 Pa. Code
Chapter 165August 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) 783-2800Physician Assistant/Midwife
55 Pa. Code
Chapter 1141December 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) 783-2800Tobacco Cessation and Nutritional Supplements
55 Pa. Code
Chapter 1121December 2012, 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) 783-2800Participation Review Process for Medical Assistance Nursing Facilities
55 Pa. Code
Chapter 1187September 2011, as final-form. 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 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) 783-2800Transition to RUG-111 v.5.12 and Latest Assessment
55 Pa. Code
Chapter 1187October 2011, As final-form. This regulation will use 5.12 44 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, 2010 Ruth O'Brien
(717) 783-2800Exceptional Nursing Facility Payment
55 Pa. Code
Chapter 1187August 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) 783-2800Third Party Liability Programs
55 Pa. Code
Chapter 259January 2012, 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 258January 2012, 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 5260February 2012, 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)
55 Pa. Code
Chapters 31, 1157 and 1165May 2012, as final-form. 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) 783-2800Psychiatric Rehabilitation Services
55 Pa. Code
Chapter 5230September 2011, as final-form. 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) 783-2800Integrated Treatment for Outpatient Clinics (formerly referred to as ''Psychiatric Outpatient Clinics'')
55 Pa. Code
Chapter 5200July 2011, 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 6650September 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) 783-2800REVENUE
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) 346-4633Amendments to Chapter 117. Return and Payment of Tax Proposed regulation published at 40 Pa.B. 3122
(June 12, 2010); March, 2011 as final.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 107aJune, 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) 346-4633Corporate Net Income Tax
61 Pa. Code §§ 151.14, 153.54 and 153.66—Amended ReportFinal regulaton published at 40 Pa.B. 3356
(June 19, 2010).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§ 119.30 Innocent Spouse Relief
Final regulation published at 40 Pa.B. 7093
(December 11, 2010).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) 346-4633Consolidation of Administrative Appeals under the Board of Appeals
61 Pa. Code
Chapters 7 and 901March, 2011, as proposed. The Department is proposing regulations to consolidate the administrative appeals under the Board of Appeals and streamline the administrative appeals process. Douglas Berguson
(717) 346-4633Amendments to PA Gaming Cash Flow Management Regulations,
61 Pa. Code
Chapter 1001January, 2011, as final. The Department is promulgating a final-omitted rulemaking to amend the PA Gaming Cash Flow Regulations to include table game revenue as enacted under Act 1 of 2010. Douglas Berguson
(717) 346-4633Amendments to Realty Transfer Tax Regulations
61 Pa. Code
Chapter 91June, 2011, as proposed. Amendments to the Realty Transfer Tax regulations are being proposed to improve the clarity and effectiveness of the regulations. Douglas Berguson
(717) 346-4633Amendments to Local Option Small Games of Chance
61 Pa. Code
Chapter 901June, 2011, as proposed. The Department is proposing revisions to improve the clarity and effectiveness of the regulations relating to games of chance. Douglas Berguson
(717) 346-4633
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