[42 Pa.B. 879]
[Saturday, February 11, 2012]
[Continued from previous Web Page]
Regulation Being Considered Proposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact GENERAL SERVICES Responsibility,
4 Pa. Code
Chapter 60Spring 2012, 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Chapter 62Summer 2012, as final omitted The Procurement Code repealed the legislation creating this committee, which no longer exists.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Chapter 64Summer 2012, as final omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.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Chapter 67Summer 2012, as final omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.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of Vendors and Non-construction ContractorsSummer 2012, as final omitted These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system.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Chapter 69Summer 2012, as final omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.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 2012, 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) 346-9781Small Business
4 Pa. CodeWinter 2012, as proposed With the Small Business Initiative Executive Order and the Veteran-Owned Business Executive Order, we need new regulations regarding certification. Michael C. Barrett
(717) 346-9781Exercise of First Amendment Rights/
Use of Capitol Complex
4 Pa. Code
Chapter 85 and 86Winter 2012, as proposed We need to take the existing Statement of Policy and regulation and combine them as an amended regulation if we are to sustain DGS action in regard to protestors. Michael C. Barrett
(717) 346-9781HEALTH Communicable and Non-Communicable Diseases
28 Pa. Code § 27.1
et seq.Preparing for promulgation, no date available These regulations provide ''Disease Control Measures'' creating a better system for the prevention of communicable and non-communicable diseases. Certain communicable and non-communicable diseases represent substantial public health threats because of their potential to spread or because they represent preventable health risks. The current revision reflects the fact that new diseases are always emerging. The Department's authority to promulgate these regulations is found in the Disease Prevention Control law of 1955, 35 P. S. §§ 521.1 et seq. (the Act). Section 16(a) of the (Act 35 P. S. § 521.16 (a)) gives the Board authority to issue rules and regulations on a variety of matters related to communicable and non-communicable diseases. Section 16(b) of the Act (35 P. S. § 521.16 (b)) gives the Secretary of Health the authority to review existing regulations and make recommendations to the Board for changes that the Secretary considers to be desirable. There is also a legislative authority for specific provisions of the regulations. Administrative Code of 1929 (71 P. S. §§ 51 et seq.) (Code) Section 20102 (g) of the code (71 P. S. § 532 (g)) provides general authority for the Department to promulgate regulations. Stephen M. Ostroff, M.D.
Director of Bureau
of Epidemiology Department of Health sostroff@pa.gov
(717) 787-3350HOUSING 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 2012, as proposed PENNVEST recommends the following revisions:
(1) 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 of sludge whether the project is sponsored by a public or private actor.
(2) Amend 25 Pa. Code § 963.13(c) by revising the section to provide for a amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month.
(3) Amend 25 Pa. Code § 963.18 increasing the current threshold for prior written approval of change orders from $25,000 to $50,000.
(4) 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.
(5) 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.
(6) Amend 25 Pa. Code § 963.4(9) to allow for eligible land costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(7) 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 cost plus contingency in excess of $15 million.Shawn W. Weis
(717) 783-6776INSURANCE
No regulations being developed or considered at this date. LABOR AND INDUSTRY Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety Fall 2012, Submit proposed rulemaking Adopt updates accessibility requirements (Chapter 11 and Appendix E of the International Building Code) as required by the Pennsylvania Construction Code Act. Edward Leister
(717) 783-6304Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety Fall 2012, Submit final-omitted rulemaking Adopted undated provisions of the International Code Council Codes as directed by the Uniform Construction Code Review and Advisory Council, in accordance with the Pennsylvania Construction Code Act. Edward Leister
(717) 783-6304Flammable and Combustible Liquids, Title 37, Part I, Bureau of Occupational and Industrial Safety Fall 2012, Submit proposed rulemaking 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 Safety Summer 2012, Submit proposed rulemaking Update the codes adopted to the current editions. Edward Leister
(717) 783-6304Unemployment Compensation, Title 34, Chapter 65, Office of Unemployment Compensation Benefits Winter 2012, Submitted Proposal Rulemaking Implement active search for work and update refusal of work regulation Sean Creegan
(717) 787-4186Unemployment Compensation, Title 34, Chapter 101, Board of Review Winter 2012, Submit final-omitted in Delete language re distance requirement in telephone regulation to conform with Act 6 of 2011 Gerard Mackarevich
(717) 783-1232Bureau of Labor Law Compliance, Title 34, Chapter 231 Minimum Wage Summer 2012, Submit final form rulemaking with proposed rulemaking omitted Rescind expired Food-Service Employee Incentive Program Rich Lengler
(717) 787-4186Bureau of Labor Law Compliance, Title 34, Part XII, Chapter 225, Prohibition of Excessive Overtime in Health Care Act Winter 2012 Submit proposed rulemaking Regulations to establish a complaint and hearing process Karen Galli
(717) 787-4186Bureau of Labor Law Compliance, Title 34, Chapters 83 and 84, Apprentices Spring 2012, Submit proposed rulemaking Amend regulations to reflect Federal requirements. Rich Lengler
(717) 787-4186Bureau of PENNSAFE Title 34, Chapters 301—323, Worker and Community Right to Know December 2012, Submit proposed rulemaking Amend the PA Hazardous Substance List Thomas Ward, Jr.
(717) 783-1826Office of Deaf and Hard of Hearing, Title 34, Chapter 501 Registration of Sign Language Interpreters and Transliterators Fall 2012, Submit Proposed rulemaking Amend regulations to be consistent with amendments to Sign Language Interpreter and Transliterator State Registration Act, 63 P. S. §§ 1725.1—1725.11, that were enacted in November 2010. Sharon Behun
(717) 783-4912Bureau of Labor Law Compliance, Title 3, Chapter 231, Minimum Wage Winter of 2012, Submit proposed rulemaking Update regulations to be consistent with Federal regulations changes. Richard Lengler
(717) 787-4186Workers' Compensation Appeal Board (Board), Title 34, Chapter 111, Special Rules of Administrative and Procedure Before the Board December 2012, Submit proposed rulemaking Revise regulations to reflect evolving procedures and technological changes. Commissioner
Alfonso Frioni, Jr.
(412) 531-2680Office of Adjudication, Title 34, Chapter 131, Special Rules of Administrative Practice and Procedure Before the Workers' Compensation Judges December 2012, Submit proposed rulemaking Revise regulations to reflect evolving procedures and technological changes. Deputy Secretary Elizabeth Crum
(717) 787-5082MILITARY AND VETERANS AFFAIRS
No regulations being developed or considered at this date. MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
No regulations being developed or considered at this date. PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY 22 Pa. Code
Chapter 121
Student Financial AidJune 2012, as Proposed These regulations have not been updated in some time. The revisions seek to increase the transparency in regard to the processes used for financial assistance determinations. Christine Zuzack
(717) 720-2368PROBATION AND PAROLE Revision to
37 Pa. Code §§ 63, 65, 67, 69, 71, 73,
75, 77 ''Board of Probation and Parole''Continues to be worked on in FY 2012 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''Continues to be worked on in FY 2012. Addition to address urinalysis collection as mandated by 61 Pa.C.S. § 6137(e). Colleen Fickel, Director, Central Services, PBPP
(717) 787-5699 x 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.'' Expected to be submitted to IRRC by the end of 2012 Add new sections relating to ''Break in Service'' and ''Weapons Change.'' Todd Burns, Executive Director, FETC
(717) 787-5699 x 389PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM No regulations being developed or considered at this time. PUBLIC WELFARE
Subsidized Child Care Eligibility
55 Pa. Code
Chapter 3041March 2012, as final omitted This regulation amends the definition of self-employment, repeals subsidized child care special eligibility for children enrolled in a prekindergarten program and amends copayment requirements for school-age child care subsidies. This regulation is being promulgated under the authority of Act 2011-22. Angie Logan
(717) 772-4141Subsidized Child Care Hearings, Overpayments and Absence Changes
55 Pa. Code
Chapter 3041April 2012, as final omitted This regulation will disqualify a parent or caretaker from participation in the subsidy program if the parent signs a waiver of an administrative disqualification hearing; require the eligibility agency to refer cases of provider fraud to the Office of Inspector General; codify the overpayment notices process; and clarify the regulation related to families qualified for special eligibility in the Head Start expansion program. Changes will also include suspending payment after five days of absence, end payment of subsidy 30 days after an involuntary job loss, while allowing eligibility to continue up to 60 days after the loss of employment and establish a cap on the number of annual paid absences. This regulation is being promulgated under the authority of Act 2011-22. Angie Logan
(717) 772-4141Subsidized Child Care Absence Changes
55 Pa. Code
Chapter 168April 2012, As final omitted Changes will include suspending payment after five days of absence and establishing a cap on the number of annual paid absences. This regulation is being promulgated under the authority of Act 2011-22. Angie Logan
(717) 772-4141Office of Developmental Programs Home and Community Based Services
55 Pa. Code
Chapter 51April 2012, as final-omitted This regulation established payment rates, fee schedules and payment methodology for home and community-based services and provider qualifications for providers in the Adult Autism, Consolidated and Person/Family Directed Support waiver program under Act 2011-22. Angie Logan
(717) 772-4141Office of Developmental Programs ICF/MR Programs
55 Pa. Code
Chapter 6211April 2012, as final-omitted This regulation will revise the Department payment methodologies, provider cost report requirements and update definitions for private ICF/MR programs. This regulation is being promulgated under the authority of Act 2011-22. Angie Logan
(717) 772-4141Revisions to the Special Allowance for Supportive Services Requirement Road to Economic Self-sufficiency through Employment and Training (RESET) Program
55 Pa. Code
Chapter 165April 2012, as final omitted This final-omitted rulemaking eliminates several types of special allowances, combines public and private transportation related special allowances into one category, and reduces the maximum combined annual limit for transportation from $3,000 to $1,500. This final omitted rulemaking also eliminated the motor vehicle insurance special allowance. In addition, the lifetime limit for other work, education and training related allowances is reduces from $2,000 to $1,000. This regulation is being promulgated under the authority of Act 2011-22. Angie Logan
(717) 772-4141State Supplementary Payment Levels
55 Pa. Code
Chapter 299April 2012, as final-omitted The purpose of this final-omitted rulemaking is to codify the SSP levels in the text of 55 Pa. Code § 299.37 and to rescind Appendix A (relating to SSP payment levels). This regulation is being promulgated under the authority of Act 2011-22. Angie Logan
(717) 772-4141Program Certification 55 Pa. Code
Chapters 101, 105, 107, 108, 109, 145, and 148June 2012, As proposed The purpose of this proposed rulemaking is to clarify and update Title 55 of the Pennsylvania Code. This proposed regulation will remove references to agencies and acronyms that no longer exist and ensures that all revisions comply with State and Federal law and policy. Angie Logan
(717) 772-4141Revisions to Restitution and Disqualification Policy
55 Pa. Code
Chapter 255June 2012, As proposed The purpose of this proposed rulemaking is to clarify restitution and disqualification policy to comply with State and Federal Law and Policy. Angie Logan
(717) 772-4141Residential Treatment
Facilities (FTF)
55 Pa. Code
Chapters 31, 1157, 1165June 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. Angie Logan
(717) 772-4141Psychiatric Rehabilitation Services
55 Pa. Code
Chapter 5230April 2012, as final form This regulation promulgates the minimum standards for the delivery of Psychiatric Rehabilitation Services (PRS) for adults. PRS are therapeutic rehabilitation services for individuals with serious mental illness that increase competence in normal life activities and allow individuals to pursue life goals with the greatest possible level of independence. Angie Logan
(717) 772-4141Inpatient Hospital Services
55 Pa. Code
Chapter 1163April 2012, final-omitted This final-omitted rulemaking amends current MA regulations at 55 Pa. Code, Chapter 1163, Subchapter A, to eliminate separate payment for normal newborn care for inpatient acute general hospitals. Normal newborn card will be covered as part of the mother's obstetrical delivery APR-DRG payment. The regulations also amend payment policy for readmissions to an acute care general hospital paid through DRG to increase the readmission time frame for review from within 7 days to within 30 days of discharge, as specified at § 443.9 of the Public Welfare Code. This regulation is being promulgated under the authority of Act 2011-22. Angie Logan
(717) 772-4141Medical Assistance Copayment Changes 55 Pa. Code
Chapter 1101April 2012, as final-omitted The purpose of this final-omitted regulation is to eliminate excess copayment reimbursement, to update nominal sliding scale MA copayment amounts and allow adjustments to the sliding scale copayment amounts for publication of notice in the Pennsylvania Bulletin, and to apply a copayment for nonemergency medical transportation paratransit services. Additionally, § 1101.63 is amended to make technical corrections to the chapter to reflect and clarify copayment exclusions currently in effect under the MA program. This regulation is being promulgated under the authority of Act 2011-22. Angie Logan
(717) 772-4141Pharmacy Benefit Package Change
55 Pa. Code
Chapter 1121June 2012, as final-omitted Act 22 of 2011 requires the Department to establish benefit packages for pharmacy services for medical assistance recipients 21 years of age or older, and any exceptions to such benefit packages as the Department determines are appropriate during state fiscal year 2011-2012. This regulation package is codifying the pharmacy benefit package changes which were published in the Pharmacy Benefit Package notice at 41 Pa.B. 6455 (December 3, 2011). Angie Logan
(717) 772-4141Dental Benefits Package Change
55 Pa. Code
Chapter 1149June 2012, as final-omitted Act 22 of 2011 requires the Department to establish benefit packages for dental services for medical assistance recipients 21 years of age of older, and any exceptions to such benefit packages as the Department determines are appropriate during state fiscal year 2011-2012. This regulation package is codifying the dental package changes which were published in the Dental Benefit Package notice at 41 Pa.B. 5133 (September 24, 2011). Angie Logan
(717) 772-4141Payment for Nursing Facility Services Provided by Special Rehabilitation Nursing Facilities; Change in Methods and Standards of Setting Payment Rates.
55 Pa. Code
Chapter 1187July 2012, as proposed This change in rate methodology will allow the Commonwealth to provide payments that reflect the type of services provided by the initial four Special Rehabilitation Nursing Facilities and eliminated existing ligation challenging the adequacy of the case-mix per diem payment rates for facilities in peer group 13. Angie Logan
(717) 772-4141Long Term
Living Home
and Community Based Services
55 Pa. Code
Chapter 52April 2012, as final-omitted The regulation will establish provider qualifications and payment provisions for providers rendering services under the Aging, Attendant Care, COMMCARE, Independence and OBRA Home and Community Based Service waivers and the Act 150 program. This regulation is being promulgated under the authority of Act 2011-22. Angie Logan
(717) 772-4141Appeal and Fair Hearing and Administrative Disqualification Hearings
55 Pa. Code
Chapter 275July 2012, as proposed This regulation will update definitions, streamline administrative practices, and incorporate hearing procedures that will support efficiency in the hearing and appeals process. Angie Logan
(717) 772-4141Medical Assistance Provider Appeal Procedures
55 Pa. Code
Chapter 41July 2012, as proposed This regulation will clarify procedural and substantive matters related to provider appeals including the filing and post hearing practices for provider appeals. Angie Logan
(717) 772-4141Administrative 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 of 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 permanent 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. Angie Logan
(717) 772-4141Payment for
Child Care
55 Pa. Code
Chapter 287December 2012, as proposed Chapter 287 will be rescinded as it no longer reflects current policy. Chapter 3140 (relating to planning and financial reimbursement requirements for county children and youth social service programs) already addresses the current determination requirements of TANF-relatedness and Medical Assistance eligibility for children place by county children and youth agencies. Angie Logan
(717) 772-4141Planning and Financial Reimbursement requirements for County Children and Youth Social Service Programs December 2012, as proposed This regulation provides the requirements for reimbursement for services to county children and youth agencies. The regulations are in need of revision to ensure consistency with Federal requirements and policy to ensure the validity of state and Federal claims. Angie Logan
(717) 772-4141REVENUE Amendments to Estates and Trusts—Personal Income Tax Regulations
61 Pa. Code
Chapters 101, 103, 105, and 117July 2012, as proposed The Department is promulgating this regulation to codify the Department's policy for the taxation of estates and trusts in the Commonwealth and to provide clear instructions for taxpayers regarding reporting requirements. Douglas Berguson
(717) 346-4633Amended Returns—
Personal Income Tax Regulations
61 Pa. Code
Chapters 117,
119, and 121April 2012, as proposed The Department is promulgating this regulation to clarify the Department's policy on Amended Returns for Pa. PIT and replace outdated language. In addition, the regulation will provide clear instructions for taxpayers regarding petitions for refunds. Douglas Berguson
(717) 346-4633Consolidation of Administrative Appeals under the Board of Appeals
61 Pa. Code
Chapters 7 and 901April 2012, 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 Realty Transfer
Tax Regulations
61 Pa. Code
Chapter 91Proposed Regulation published at
41 Pa.B. 6220 (November 19, 2011) December 2012, as finalAmendments 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 901Proposed regulation published at
41 Pa.B. 4638 (August 27, 2011) December 2012, as finalThe Department is proposing revisions to improve the clarity and effectiveness of the regulations relating to games of chance. Douglas Berguson
(717) 346-4633General Provisions Application of Payments
61 Pa. Code
Chapter 5aJune 2012, as proposed The Department is promulgating this regulation to clarify the provisions of the Taxpayers' Bill of Rights and provide a procedure for the application of a payment received from the taxpayer to tax liability owned the Department Douglas Berguson
(717) 346-4633SECURITIES COMMISSION
No regulations being developed or considered at this time.
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