[46 Pa.B. 1119]
[Saturday, February 27, 2016]
[Continued from previous Web Page]
Regulation Being Considered
Proposed Date
Need and Legal Basis for
Agency Contact of Promulgation Action
Emergency Construction Repairs
4 Pa. Code Chapter 67
(#8-23)2016, as Final-Omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Liz O'Reilly
(717) 787-7095
Ed Olivieri
(717) 783-3280Contract Compliance— Prequalification of Vendors and Nonconstruction Contractors
4 Pa. Code Chapter 68, Subchapter A
(#8-24)2016, as Final-Omitted These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system. Liz O'Reilly
(717) 787-7095
Ed Olivieri
(717) 783-3280Methods of Awarding Contracts
4 Pa. Code Chapter 69
(#8-25)2016, as Final-Omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Ken Hess
Pamela Cross
(717) 214-7739Surplus State Property
4 Pa. Code Chapters 41, 43, 45 and 47
(#8-26)2016, as Final-Omitted These regulations should be rescinded since they are outdated and have been superseded by new Commonwealth procedures as well as the Commonwealth Procurement Code. Ken Hess
Pamela Cross
(717) 214-7739State Metrology Laboratory fee schedule,
70 Pa. Code Chapter 110
(#8-27)2016, as Proposed These regulations will increase the fees charged by the State Metrology Laboratory, provide for an automatic yearly increase, and update the description fields to accurately reflect the Metrology Lab's measurement parameters and ranges. Ken Hess
Mary Fox
(717) 787-6789Commonwealth Buildings
4 Pa. Code Chapters 85, 86 and 87
(#8-28)2016, as Proposed These regulations (Chapters 85 and 87) and statement of policy (Chapter 86) will be amended to update the procedures for the public to request use of the public areas of the Capitol Complex and the Forum auditorium. Matthew Bembenick
(717) 787-5996
Andrew Clark
(717) 787-5599
Mary Ann Jordano
(717) 705-5389Department of Health (DOH) Communicable and Non-Communicable Diseases
28 Pa. Code Chapter 27
February 2016, as Proposed These existing regulations are being revised to improve the Department's ability to prevent and control the spread of communicable and non-communicable diseases. The Department's authority to promulgate these regulations is found in the Disease Prevention Control Law of 1955, 35 P. S. §§ 21.1 et seq. (the Act). Section 16(a) of the (Act 35 P. S. Samantha Jallah
(717) 783-2500§ 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. Photo Identification Tag Regulations
28 Pa. Code Chapter 54March 2016, as Proposed The Health Care Facilities Act (35 P. S. § 448.101 et seq.) was amended by the passage of Act 2010-110 on November 23, 2010. This new section of the Act (35 P. S. § 448.809.2) requires persons working in health care facilities and physician practices to wear photo identification badges that also contain other information including the person's name, title and name of the health care facility. Karin Simpson
(717) 783-2500School Immunization Requirements
28 Pa. Code §§ 23.83, 23.85 and 23.86June 2016, as Proposed The amendments to existing regulations will revise immunization requirements for school entry and attendance, revise the school reporting requirements to require electronic reporting at a later date in the school year, and eliminate the provisional period for school attendance. 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) 783-2500Home Health Care Agencies
28 Pa. Code Chapter 601July 2016, as Proposed Recently, Federal rules addressing covered Medicare and Medicaid services have been amended to allow other health care professionals (in addition to physicians) to order home health services. The Department anticipates amending the home health licensure regulations to permit other health care professionals to order home health services and approve the plan of care. The Department also foresees working with the Department of Human Services on this proposed regulatory change to ensure that access to care and payment for services remains consistent. Puja Khare
(717) 783-2500Hospice Regulations July 2016, as Proposed Currently, there are no hospice-specific licensure regulations in the Commonwealth. The Health Care Facilities Act (HCFA) permits the Department, pending promulgation of regulations, to use the standards set forth in Federal regulations (42 CFR Part 418) for hospices certified as providers of the Medicare program under Title XVIII of the Social Security Act as licensure standards. The Department anticipates promulgating licensure regulations for hospice facilities in Pennsylvania that mirror the Federal conditions of participation and address additional quality assurance requirements and fees for licensure, as permitted by the HCFA. Puja Khare
(717) 783-2500Indoor Tanning Regulations May 2016, as Proposed The newly enacted Pennsylvania Indoor Tanning Act provides for regulations to be promulgated by the Department as required for implementation of the Act. The Department is proposing regulations to further clarify the requirements for the operation of tanning facilities and to provide for safety of the consumers of tanning products. Keith Fickel
(717) 783-2500Department of Human Services (DHS) Administration of County Children and Youth Social Service Programs
55 Pa. Code Chapter 3130June 2016, as Proposed This regulation will incorporate the amendments to the Juvenile Act and the Federal regulations 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. Jen DeBell
(717) 772-4141Planning and Financial Reimbursement Requirements for County Children and Youth Social Service Programs
55 Pa. Code Chapter 3140June 2016, 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. Jen DeBell
(717) 772-4141Child Protective Services
55 Pa. Code Chapter 3490February 2017, as Proposed This regulation will incorporate the amendments to the Child Protective Services Law related to child protective services and general protective services, including statutory changes to mandatory reporting, training, clearances and the Statewide database. Jen DeBell
(717) 772-4141Outpatient Psychiatric Services and Psychiatric Outpatient Clinics
55 Pa. Code Chapters 1153 and 5200March 2016, as Proposed These amendments will update the current regulations to align outpatient psychiatric services with current industry standards. Jen DeBell
(717) 772-4141Psychiatric Rehabilitation Services for Youth and Young Adults
55 Pa. Code Chapter 5231Fall 2016, as Proposed This regulation will govern psychiatric rehabilitation services for individuals ages 14 to 26 with serious mental health conditions to support the transition to adulthood and implement an initiative to improve coordination between the child and adult mental health care systems. Jen DeBell
(717) 772-4141Behavioral Health Rehabilitation Services for Children
55 Pa. Code Chapter 5270Summer 2016, as Proposed This regulation will govern the provision of the array of in-home and community-based behavioral health rehabilitation services for children, including services for children with autism spectrum disorder. Jen DeBell
(717) 772-4141Mental Health Targeted Case Management
55 Pa. Code Chapters 5220 and 5221Fall 2016, as Proposed This regulation will rescind Chapter 5221 and replace it with a new Chapter 5220 which will govern the provision of mental health case management services, including resource coordination, intensive case management and blended case management. Jen DeBell
(717) 772-4141Subsidized Child Care Eligibility
55 Pa. Code Chapter 3041October 2016, as Proposed Chapter 3041 will be updated to add new requirements imposed by the 2014 Federal Reauthorization of the Child Care Development Block Grant. This regulation will include amendments to requirements regarding redetermination, continuation of subsidy during job loss, reporting and verification, financial eligibility, and prioritized groups. Jen DeBell
(717) 772-4141Child Day Care Centers, Group Child Care Day Care Homes, Family Child Day Care Homes
55 Pa. Code Chapters 3270, 3280, 3290October 2016, as Proposed This regulation will add new requirements imposed by the 2014 Federal Reauthorization of the Child Care Development Block Grant. This regulation will include amendments regarding employment, background checks and training requirements. In addition, additional proposed amendments include water safety training and equipment requirements. Jen DeBell
(717) 772-4141Early Intervention Services
55 Pa. Code Chapter 4226May 2016, as Final-Omitted This regulation will amend Section 4226.5 (relating to definitions) to reflect the requirements of Act 2014-143 (Act 143). Act 143 added an additional tracking category for infants and toddlers experiencing homelessness. Jen DeBell
(717) 772-4141Home and Community-Based Supports and Licensing
55 Pa. Code Chapters 51, 6100, 6200, 2380, 2390, 6400 and 6500April 2016 as Proposed
May 2017, as FinalThis regulation will rescind Chapter 51 and replace it with a new Chapter 6100, which will govern the program, operational and fiscal components of the Office of Developmental Programs' home and community-based waiver programs, State plan programs, block grant and base-funded programs and various licensing regulations. Jen DeBell
(717) 772-4141Terminology for Intellectual Disabilities
55 Pa. Code Chapters 13, 14, 20, 2380, 2390, 2600, 2800, 3800, 4200, 4210, 4215, 4220, 4230, 4300, 4305, 4310, 6201, 6210, 6211, 6250, 6350, 6400, 6500 and 6600February 2016, as Final-Omitted This regulation will update terminology in 24 chapters of Title 55 to change the term ''mentally retarded'' to ''intellectual disability.'' Jen DeBell
(717) 772-4141Adult Protective Services
55 Pa. Code Chapter 15June 2016, as Proposed This regulation will govern the investigation of allegations of abuse, neglect, exploitation or abandonment of adults between the ages of 18 and 59 years, and the provision of protective services as indicated by the results of those investigations. The authority for the regulation and resulting services are under Act 70 of 2010, the Adult Protective Services Act. Jen DeBell
(717) 772-4141Medical Assistance Disqualifications
55 Pa. Code Chapter 255December 2016, as Proposed This regulation will add disqualification penalties for individuals who were prosecuted for Medical Assistance fraud. These amendments will mirror Federal law at 42 U.S.C. § 1320a-7b to provide for a 1-year disqualification based on a court conviction for a crime against the Medical Assistance program. Jen DeBell
(717) 772-4141Insurance Department (PID)
Annual Financial Reporting Requirements
31 Pa. Code Chapter 147Winter 2016 as Proposed Amendments to Chapter 147 to add an internal audit function requirement for large insurers. Bridget E. Burke
Regulatory Coordinator
(717) 787-2567Requirements for Qualified Reinsurers
31 Pa. Code Chapter 161Winter 2016, as Final Technical amendments to delete a provision that is no longer applicable. Bridget E. Burke
Regulatory Coordinator
(717) 787-2567Tables Approved for Use in Determining Minimum Nonforfeiture Standards and Minimum Standards for Valuation
31 Pa. Code Chapter 84Winter 2016, as Proposed Amendments to adopt new mortality tables for use in determining minimum reserves insurers must maintain for annuities. Bridget E. Burke
Regulatory Coordinator
(717) 787-2567Reasons for Cancellations and Refusal to Renew; Notice and Appeal Procedures
31 Pa. Code Chapter 59Fall 2016, as Proposed Amendments to address recently amended statutory requirements, the closure of the Insurance Department's regional offices and to clarify appeal requirements for cancellation and non-renewal notices. Bridget E. Burke
Regulatory Coordinator
(717) 787-2567Department of Labor and Industry (L&I) Boiler and Unfired Pressure Vessel Regulations
34 Pa. Code Part I, Chapter 3a
Bureau of Occupational and Industrial SafetySummer 2016, as Proposed Update regulations based on Act 104 of 2013 and adopt certification standards for third party inspection agencies. Peter Von Getzie
(717) 787-4186Flammable and Combustible Liquids
34 Pa. Code Part I, Chapters 14 and 14a
Bureau of Occupational and Industrial SafetySpring 2016, as Proposed Update regulations based on Act 144 of 2012 and adopt requirements for storage and dispensing of compressed natural gas as vehicular fuel. Peter Von Getzie
(717) 787-4186Uniform Construction Code
34 Pa. Code Part XIV, Chapters 401, 403 and 405
Bureau of Occupational and Industrial SafetySubmitted to IRRC and Standing Committees on 12/18/15, as Final-Omitted Adopt updated accessibility provisions in accordance with Act 1 of 2011. Adopt updated provisions for the operation of ski lifts in accordance with Act 230 of 2004. Peter Von Getzie
(717) 787-4186Unemployment Compensation
34 Pa. Code Chapter 101
Board of ReviewSubmit proposed rulemaking in Summer 2016 Amend telephone regulation regarding distance requirement to conform with Act 6 of 2011. Gerard Mackarevich
(717) 783-1232Apprenticeship and Training Council
34 Pa. Code Part IV, Chapters 83 and 84
Bureau of Labor Law ComplianceSubmit proposed rulemaking in Spring 2017 Amend regulations to reflect Federal requirements. Will need legislative change to statute first. Peter Von Getzie
(717) 787-4186Registration of Sign Language Interpreters and Transliterators
34 Pa. Code Chapter 501
Office of Deaf and Hard of HearingSubmit proposed rulemaking in Fall 2016 Amend regulations to be consistent with amendments in Sign Language Interpreter and Transliterator State Registration Act, 63 P. S. §§ 1725.1—1725.11, that were enacted in November 2010. Sharon Behun
(717) 783-4912Employment of Minors
34 Pa. Code Part I, Chapter 11
Bureau of Labor Law ComplianceSummer 2016, as Proposed Revise/update current regulations in light of the new Child Labor Act, Act 151 of 2012. Peter Von Getzie
(717) 787-4186Prohibition of Excessive Overtime in Health Care Act Regulations
34 Pa. Code Part XII, Chapter 225
Bureau of Labor Law ComplianceSpring 2017, as Proposed Revise/update current regulations for Act 102 of 2008. Peter Von Getzie
(717) 787-4186Department of Military and Veterans Affairs (DMVA) Veterans' Homes Regulations
43 Pa. Code Chapter 7July 2016, as Proposed The Department wishes to promulgate a comprehensive update to its regulations on State Veterans' Homes. The statutory authority for these regulations is section 902(10) of the Military and Veterans Code (51 Pa.C.S § 903(10)). These regulations are out-of-date. They were last updated in 1986. The purpose of the changes to these regulations is to bring them in line with best practices in the long-term care arena. Michael Barrett
(717) 861-8503Veterans' Affairs Regulations
43 Pa. Code Chapter 5July 2016, as Final-Omitted 43 Pa. Code Ch. 5 contains regulations on a number of Commonwealth veterans' benefit programs. These include the Disabled Veteran Real Estate Tax Exemption, the Blind Veterans' Pension, the Paralyzed Veterans; Pension, Veterans' Emergency Assistance and the Educational Gratuity Program. All of these regulations need to be updated to take into account changes in the law as well as changes in organizational structures. Michael Barrett
(717) 861-8503Municipal Police Officers' Education and Training Commission (MPOETC)
Administration of the Municipal Police Officers' Education and Training Program
37 Pa. Code Chapter 203
(#17-81)Spring 2016, as Proposed Title 53 Pa.C.S. § 2164(14) conveys powers and duties to the Municipal Police Officers' Education and Training Commission to make such rules and regulations and to perform such other duties as may be reasonably necessary or appropriate to implement the education and training program for police officers. Omnibus revisions to Chapter 203, which pertains to the certification and training of the Commonwealth's municipal police officers, are necessary to modernize these regulations, as they have not undergone a major revision since 1996. The amendments that will be proposed are the product of an extensive review project that included key stakeholders of the regulated community. Lieutenant Robert J. Krol
(717) 783-5566Pennsylvania Board of Probation And Parole (PBPP) No regulations being developed or considered at this time. Pennsylvania Commission on Crime and Delinquency (PCCD) Sheriffs' and Deputy Sheriffs' Education and Training Program
37 Pa. Code Chapter 421Late 2016/2017, as Proposed The Deputy Sheriffs' Education and Training Board (Board), an advisory board within the Commission on Crime and Delinquency, plans to amend the regulations at 37 Pa. Code Chapter 421 (relating to Deputy Sheriffs' Education and Training Board) due to statutory changes in Act 114 of 2014 (Act of Jul. 9, 2014, P. L. 1006, No. 114). Linda Rosenberg
(717) 265-8448
Heidi Barry
(717) 265-8518Pennsylvania Emergency Management Agency (PEMA) 911 Emergency Communications Services Summer 2016, as Proposed Once amended, Chapter 53 of Title 35 (Health and Safety) will necessitate the promulgation and adoption of rules and regulations necessary to enforce the newly-revised chapter, relating to the administration and operation of 911 systems in the Commonwealth. Robert F. Mateff, Sr.
(717) 651-2288
John Comey
(717) 651-2715Act 187 of 2014 Summer 2016, as Proposed Act 187 of 2014 established the Public Disaster Assistance Grant Program within the Pennsylvania Emergency Management Agency provide grants to political subdivisions and municipal authorities for assistance with repair of disaster-related damage in a disaster emergency area when the damages to public facilities are beyond the financial capabilities of the political subdivision or authority.
The Pennsylvania Emergency Management Agency is directed to Promulgate any regulations necessary to implement and administer the program which include: (i) Development of additional procedures or requirements for the submission of grant applications; (ii) Development of procedures to verify adjusted loss; (iii) Development of criteria for the determination of the amount of assistance to be given to a political subdivision or municipal authority; and (iv) Development of a methodology to prioritize projects based on the potential impact to the health and safety of the citizens of the affected community.Stephen Bekanich
(717) 651-2146
Westburn Majors
(717) 651-2728Pennsylvania Higher Education Assistance Agency (PHEAA)
No regulations being developed or considered at this time. Pennsylvania Housing Finance Agency (PHFA)
No regulations being developed or considered at this time. Pennsylvania Infrastructure Investment Authority (PENNVEST) Pennsylvania Infrastructure Investment Authority Assistance
25 Pa. Code §§ 963.1—963.20, including inter alia:
963.12(a)(7)
963.13(c)
963.15(a)
963(15)(c)
963(16)
963.18(c)Summer 2016, as Proposed Revisions under consideration include, inter alia:
Amendments to 25 Pa. Code §§ 963.1—963.20 to be consistent with statutory revisions imposed by P. L. 51, No. 16, enacted June 19, 2013 and guidance revisions implemented by the Department of Environmental Protection and to incorporate any provisions necessary to accommodate for the deletion of 25 Pa. Code § 965 in its entirety, including, but not limited to the following:
(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 or 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 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.
(3) 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.
(4) 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.
(5) Amend 25 Pa. Code § 963.15(c)(6) by revising the sentence to define ''bond interest rate'' to mean the rate of interest paid by the Commonwealth in its issuance of general obligation bonds immediately preceding the date of the approval of the loan.
(6) Amend 25 Pa. Code § 963.16 to provide the parameters of a loan or bond guarantee program to be provided by PENNVEST.Shawn W. Weis
(717) 783-6776Delete 25 Pa. Code § 963.18(c)(2)(iii) to eliminate the requirement for prior written approval of change orders that exceed $25,000 or 2 percent of the amount of the project's construction cost, or an aggregate of all change orders that exceed 10 percent of the project's construction cost. Pennsylvania Municipal Retirement System (PMRS)
No regulations being developed or considered at this time. Pennsylvania State Police (PSP)
Training and Minimum Standards Under the Wiretapping and Electronic Surveillance Control Act
37 Pa. Code Chapter 51Spring 2016, as Proposed Title 18 Pa.C.S. § 5724 requires the Commissioner of the Pennsylvania State Police and the Attorney General to establish a training course for certification related to conducting wiretapping and electronic surveillance. Revisions to Chapter 51 as it relates to officer certification/re-certification and authorization to engage in the conduct of communications interception will be proposed to adjust the training to current technology and operational needs. Lieutenant Robert J. Krol
(717) 783-5566Administration of Megan's Law—Neighbor Notification
37 Pa. Code Chapter 55Spring 2016, as Final-Omitted Title 42 Pa.C.S. § 9799.1, in part, required the Pennsylvania State Police write regulations regarding neighbor notification of the current residence of sexually violent predators. This section expired December 20, 2012, and on that date the requirements of Title 42 Pa.C.S. § 9799.32 became effective. These new requirements, in part, place a duty on the Pennsylvania State Police to write guidelines regarding neighbor notification under § 9799.27(b)(1). Since there is no longer statutory authority for Chapter 55, it will be removed and reserved in its entirety. The contents will be updated and published as guidelines in a Statement of Policy. Lieutenant Robert J. Krol
(717) 783-5566Pennsylvania State System of Higher Education (PASSHE) No regulations being developed or considered at this time. Public School Employees' Retirement System (PSERS) No regulations being developed or considered at this time. Department of Revenue (DOR) Amendments to Local Option Small Games of Chance (SGOC)
61 Pa. Code Chapter 901aJune 2016, as Proposed The Department is proposing to replace Chapter 901 with a new Chapter 901a as a result of the amendments to the SGOC law. The proposed rulemaking will reorganize and clarify the SGOC regulations as well as incorporate necessary changes to implement Acts 2 and 184 of 2012 and Acts 90 and 92 of 2013. Douglas Berguson
(717) 346-4633General Provisions Application of Payments
61 Pa. Code Chapter 5aJuly 2016, 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 a taxpayer to tax liability owed the Department. Douglas Berguson
(717) 346-4633Amendments to Chapter 93—Inheritance Tax
61 Pa. Code § 93.101July 2016, as Final The Department is promulgating this amendment to remove an obsolete regulation § 93.101 Medical expenses and insurance, superseded by statute (72 P. S. § 9129(k)). Douglas Berguson
(717) 346-4633Department of State (DOS)
State Board of Accountancy
General Revisions (Act 73 and Act 15 Amendment)
49 Pa. Code Chapter 11
(16A-5513)Summer 2016, as Final This final rulemaking implements the amendments to the CPA Law made by the act of July 9, 2008 (P. L. 954, No. 73) (Act 73), and the act of June 19, 2013 (P. L. 46, No. 15) (Act 15). Act 73 provided for practice in this Commonwealth under substantial equivalence by persons licensed in other states and provided new education and experience standards for licensure. Act 15 eliminated the requirement that applicants for licensure demonstrate 400 hours of experience in attest activity as a condition of licensure. Sara Fox
(717) 783-1404Schedule of Civil Penalties—
49 Pa. Code Chapter 43b
(16A-5514)Summer 2016, as Final This final rulemaking amends the schedule of civil penalties for certain violations of the CPA Law (63 P. S. §§ 9.1—9.16b) and the regulations of the State Board of Accountancy (Board) to comport with amendments made by the Board to its substantive regulations relating to continuing education violations. Sara Fox
(717) 783-1404
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