NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[30 Pa.B. 2176]

   The Independent Regulatory Review Commission (Commission) met publicly at 10:30 a.m., Thursday, April 13, 2000, and took the following action:

Regulations Deemed Approved Under Section 5(g) of the Regulatory Review Act--Effective April 6, 2000.

   Insurance Department #11-196: Valuation of Life Insurance Policies (amends Chapter 84c).

Regulations Approved:

   Department of Public Welfare #14-465: Elimination of Physician Attestation Requirement (amends 55 Pa. Code Chapter 1163, Subchapter A).

   State Board of Optometry #16A-527: Application Fees (amends 49 Pa. Code § 23.91).

   Insurance Department #11-193: Medicare Supplement Insurance Minimum Standards (amends 31 Pa. Code Chapter 89).

   State Board of Dentistry #16A-465: Expanded Function Dental Assistants (amends 49 Pa. Code Chapter 33).

Commissioners Voting: John R. McGinley, Jr., Chairperson--by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
April 13, 2000

Department of Public Welfare--Elimination of Physician Attestation Requirement; Regulation No. 14-465

Order

   On March 6, 2000, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapter 1163, Subchapter A. The authority for this regulation is sections 201(2) and 443.1 of the Public Welfare Code (62 P. S. §§  201(2) and 443.1). Notice of proposed rulemaking was omitted for this regulation. It will become effective upon publication in the Pennsylvania Bulletin.

   Under existing regulations, the attending physician must attest to the accuracy of the principal and secondary diagnoses and the procedures performed during a Medical Assistance patient's stay in the hospital. These amendments eliminate this requirement.

   Federal Medicare regulations eliminated a similar requirement on September 1, 1995. That was done because it was administratively burdensome, and there was an extremely low denial rate (less than 0.01 percent) for claims involving the physician attestation requirement. This rulemaking change will reduce the administrative burden on hospitals and physicians.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 14-465 from the Department of Public Welfare, as submitted to the Commission on March 6, 2000, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

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Commissioners Voting: John R. McGinley, Jr., Chairperson--by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
April 13, 2000

State Board of Dentistry--Expanded Function Dental Assistants; Regulation No. 16A-465

Order

   On July 1, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry (Board). This rulemaking amends 49 Pa. Code Chapter 33. The authority for this regulation is sections 2, 3(d.1) and 3(o) of the Dental Law (63 P. S. §§ 121, 122(d.1) and 122(o)). The proposed regulation was published in the July 11, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 29, 2000.

   On March 10, 2000, the Commission received a request from the Board to toll consideration of this final-form regulation to correct four typographical errors. On March 14, 2000, the Board submitted its revisions to the final-form regulation to the Commission.

   The regulation establishes the education and examination requirements and certification procedures for Expanded Function Dental Assistants (EFDAs). It also sets forth standards of practice and professional conduct for EFDAs.

   This revised final-form regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-465 from the State Board of Dentistry, as revised on March 14, 2000, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

____

Commissioners Voting: John R. McGinley, Jr., Chairperson--by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
April 13, 2000

State Board of Optometry--Application Fees; Regulation No. 16A-527

Order

   On April 19, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Optometry (Board). This rulemaking amends 49 Pa. Code § 23.91. The authority for this regulation is found in sections 3(b)(14), 5(b) and 9 of the Optometric Practice and Licensure Act (63 P. S. §§ 244.2(b)(14), 244.5(b) and 244.9). The proposed regulation was published in the May 1, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 8, 2000.

   The Board is revising fees for applications for certified copies of licenses for each additional practice location; certification of scores or licensure; and verification of licensure. Additionally, it adds a fee for continuing educational program approval applications. The Board anticipates that approximately 1,800 persons will avail themselves of one or more of these services over the next 2 years.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-527 from the State Board of Optometry, as submitted to the Commission on March 8, 2000, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

____

Commissioners Voting: John R. McGinley, Jr., Chairperson--by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
April 13, 2000

Insurance Department--Medicare Supplement Insurance Minimum Standards; Regulation No. 11-193

Order

   On January 27, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 89. The authority for this regulation is sections 206, 506, 1501 and 1502 of the Administrative Code of 1929 (71 P. S. §§ 66, 186, 411 and 412). The proposed regulation was published in the February 6, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 1, 2000. The final-form regulation was withdrawn and resubmitted on March 8, 2000.

   This regulation establishes minimum requirements for a new category of medical coverage in Pennsylvania called ''Medicare Select'' policies. Medicare Select policies use a network of specific hospitals, and possibly specific doctors, that must be used to receive full benefits, except in case of emergency.

   Medicare Select policies expand health care policy choices for consumers. The Department believes these policies will result in the availability of policies with lower premiums than standard Medicare supplement policies. This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 11-193 from the Insurance Department, as submitted to the Commission on March 8, 2000, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 00-713. Filed for public inspection April 28, 2000, 9:00 a.m.]

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