[31 Pa.B. 3601]
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Proposed Date of Regulation Being Considered Promulgation Need and Legal Basis for Action Agency Contact HEALTH
Testing Blood and Alcohol Specimens Taken From Persons Who Die as a Result of a Vehicle Accident.
28 Pa. Code §§ 29.21 and 29.22October 2001, as proposed. The amendments to existing regulations will update testing procedures and make the regulations consistent with the authorizing statute. Pursuant to the section 3749 of the Vehicle Code, 75 Pa. C.S. § 3749, and Reorganization Plan No. 4 of 1981 (71 P. S. § 751-31). Kenneth E. Brody
(717) 783-2500Health Facility Licensure--General & Special Hospitals & Health Planning
28 Pa. Code § 301.1 et seq.
28 Pa. Code § 401.1 et seq.September 2001, as final-
omitted.Existing regulations in chapters on health planning (federal program and certificate of need) will be repealed as statutory authority for both chapters has terminated. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. James T. Steele, Jr.
(717) 783-2500Health Facility Licensure--General Administrative Chapter & General and Special Hospitals. 28 Pa. Code § 101.1 et seq. January 2002, as proposed. The amendments to existing regulations will update the licensure standards for general and special hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. James T. Steele, Jr.
(717) 783-2500Cancer Treatment Centers No publication anticipated within the next six months. Pursuant to Act 172 of 1992, which amended the Health Care Facilities Act, 35 P. S. § 448.101 et seq., the Department must license cancer treatment centers that provide radiation therapy on an ambulatory basis. Carol Somerset-Griffie
(717) 783-2500Communicable Diseases
28 Pa. Code § 27.1 et seq.September 2001, as final. The amendments to existing regulations will make them consistent with current public health practices for the control of communicable and other reportable conditions. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21. Yvette M. Kostelac
(717) 783-2500School Health Immunization
28 Pa. Code § 23.83September 2001, as final. The amendments to existing regulations will add to the list of immunizations required for school entry and for entry into the seventh grade consistent with recommendations by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices. Pursuant to the Public School Code of 1949, 24 P. S. §§ 1-101, 13-1303a; the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1, 521.16; the Administrative Code of 1929, 71 P. S. §§ 51,532(g), 541(b), and 541(c.1); and the Hepatitis Prevention Act, 35 P. S. §§ 630.1 and 630.2. Yvette M. Kostelac
(717) 783-2500Reporting of Certain HIV Test Results, CD4 T-Lymphocyte Counts Below a Certain Level, and Perinatal Exposure of Newborns to HIV
28 Pa. Code §§ 27.1--27-2, 27.21--27.22, 27.32, 27.32a--27.32dJanuary 2002, as final The amendments to existing regulations will add reporting of certain HIV test results, CD4 T-lymphocyte counts below a certain level, and perinatal exposure of newborns to HIV to the list of diseases, infections and conditions reportable to the Department of Health. The amendments will specify who is required to report these conditions and how the reporting is to be done. The amendments will also require all clinical laboratories to report all reportable diseases, infections and conditions to the Department electronically. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. § 521.1--521.21. Yvette M. Kostelac
(717) 783-2500Environmental Health Assessment
28 Pa. Code § 17.1 et seq.No publication anticipated within the next 6 months. The amendments to existing regulations will facilitate the transfer of authority for certain environmental regulations from the former Department of Environment Resources to the Department of Health. Pursuant to 71 P. S. § 532 and 71 P. S. § 1340.101 et seq. Grace R. Schuyler
(717) 783-2500Public Bathing Place Lifeguard Requirements
28 Pa. Code § 18.1; § 18.42September 2001, as proposed. The amendments to existing regulations will provide lifeguard requirements for recreational swimming establishments, and add requirements for lifeguard certification and factors to be considered in determining adequate lifeguard coverage. Pursuant to Act 75 of 1998, amending 35 P. S. §§ 672--680 (the Public Bathing Law). Grace R. Schuyler
(717) 783-2500Special Supplemental Food Program for Women, Infants and Children (WIC Program) 28 Pa. Code § 1101.1 et seq. September 2001, as proposed. The amendments to existing regulations will bring the State regulations into compliance with changes in the Federal regulations (7 C.F.R. § 246) published December 29, 2000, relating to vendor selection criteria, training requirements, monitoring requirements and compliance investigations, and the vendor appeals process. Karin Simpson Gutshall
(717) 783-2500Health Facility
Licensure/Hospices
28 Pa. Code § 651.1 et seq.October 2001, as proposed. These new regulations will provide standards for the licensing and regulation of hospices. They will, at a minimum, contain standards set forth in regulations for hospices certified as providers under the Medicare Program. Pursuant to Act 95 of 1998, amending the Health Care Facilities Act, 35 P. S. § 448.101 et seq. Tanya Leshko
(717) 783-2500Hearing Aid Sales and Registration/Continuing Education
28 Pa. Code § 25.201 et seq.August 2001, as proposed. The amendments to existing regulations will include continuing education requirements for hearing aid fitters, provide for 30-day money back written guarantees on hearing aids, and revise certification fees for consistency with the statute. Pursuant to Act 153 of 1998, amending the Hearing Aid Sales Registration Act, 35 P. S. § 6700-101 et seq. Tanya Leshko
(717) 783-2500Head Injury Program
28 Pa. Code §§ 4.1-4.14 et seq.July 2001, as final. These new regulations will facilitate the implementation of this program. Pursuant to the Emergency Medical Services Act, 35 P. S. § 6934(e). Tanya Leshko
(717) 783-2500Newborn Screening
28 Pa. Code § 28.1 et seq.November 2001, as final. The amendments to the existing regulations will add four diseases to the list of required diseases for which newborns must be screened. The amendments will also prescribe the manner by which specimens are to be collected and tested. Pursuant to the Newborn Child Testing Act, 35 P. S. §§ 621--625 Stephanie Michel-Segnor
(717) 783-2500Narcotic Treatment Standards
28 Pa. Code §§ 701 and 715.August 2001, as final. The amendments to existing regulations will repeal 4 Pa. Code § 263, transfer regulations to Title 28, and amend and update narcotic treatment, including methadone treatment standards. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690-101--1690.115. Keith Fickel
(717) 783-2500Prevention Activities
28 Pa. Code §§ 701 and 713.
(rescission)October 2001, as final. Existing regulations imposing standards for approval of drug and alcohol prevention activities will be repealed. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690-101--1690.115. Keith Fickel
(717) 783-2500Drug and Alcohol Facility
Physical Plant Standards
28 Pa. Code §§ 705.1-705.29.August 2001, as final. The amendments to existing regulations will establish uniform standards for all residential and non-residential services. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690.101--1690-115. Keith Fickel
(717) 783-2500HOUSING FINANCE AGENCY
No regulations being developed or considered at this date. INFRASTRUCTURE INVESTMENT AUTHORITY
No regulations being developed or considered at this date. INSURANCE
Stock Ownership Statements, 31 Pa. Code, Chapter 21, §§ 21.1--21.103 Winter 2001, as proposed. Amend to update requirements relating to Stock Ownership Statements consistent with NAIC model language. Peter J. Salvatore,
(717) 787-4429Proxies, Consents and Authorizations, 31 Pa. Code, Chapter 23, §§ 23.1--23.96 Winter 2001, as proposed. Amend to update requirements relating to Proxies, Consents and Authorizations consistent with NAIC model language. Peter J. Salvatore,
(717) 787-4429Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61 Fall 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Cancellations and Refusal to Renew Homeowners Insurance, 31 Pa. Code, Chapter 59, §§ 59.1--59.13 Winter 2001, as proposed. Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies, 31 Pa. Code, Chapter 61, §§ 61.1--61.14 Winter 2001, as proposed. Modify regulation consistent with the statute (40 P. S. §§ 1008.1 et seq.). The regulations provide guidance to automobile insurers relating to cancellations and nonrenewals of certain automobile insurance policies, and the available administrative process to secure an administrative review of such terminations. Peter J. Salvatore,
(717) 787-4429Private Passenger Automobile Policy Forms, 31 Pa. Code, Chapter 64, §§ 64.1--64.14 Fall 2001, as proposed. Repeal pursuant to Executive order 1996-1. Peter J. Salvatore,
(717) 787-4429Charter Amendments, 31 Pa. Code, Chapter 65, §§ 65.21--26 Winter 2001, as proposed. Amend to eliminate outdated, unnecessary provisions relating to minimum capital and surplus requirements pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21--28 Fall 2001, as proposed. Amend to make the regulation consistent with statutory requirements. Peter J. Salvatore,
(717) 787-4429Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1--9 Summer 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1--91 Fall 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Annuity Disclosure, (NEW Chapter 83a) Summer 2001, as proposed. A new regulation to eliminate misleading illustrations, make illustrations more understandable and to standardize the disclosure statement language to be use with the selling of annuities. Peter J. Salvatore,
(717) 787-4429Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42 Fall 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Individual Accident & Sickness Minimum Standards, 31 Pa. Code, Chapter 88, §§ 88.1--88.195 Winter 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Requirements for All Policies and Forms, 31 Pa. Code, Chapter 89, §§ 89.1--89.5, 89.11, 89.17 and 89.21--89.23 and new General Filing Requirements and General Contents of Forms §§ 89a.1--89a.6 Fall 2001, as final. Changes will be promulgated regarding the deregulation of rates and forms filings for accident and health insurance, as a result of Act 159 of 1996. Changes will be made pursuant to the health care provisions of the Federal Health Insurance Portability and Accountability Act of 1996. Life, annuities and property and casualty general filing requirements are being combined in the new regulation. Peter J. Salvatore,
(717) 787-4429Preparation of Forms, 31 Pa. Code, Chapter 89, §§ 89.12--16, 89.18--89.62 Fall 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Long-Term Care Insurance, 31 Pa. Code, Chapter 89, §§ 89.901--89.921 Summer 2001, as proposed. Repeal current regulation and adopt new regulation based on NAIC model regulation. Peter J. Salvatore,
(717) 787-4429Separate Accounts for Principle and Interest Guarantees, 31 Pa. Code, Chapter 90a, §§ 90a.1--90a.31 Winter 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Public Adjusters, 31 Pa. Code, Chapter 115, §§ 115.1--115.8 Fall 2001, as proposed. The regulation was initially promulgated to clarify the requirements of public adjuster contracts. The authorizing statute, Act 72, was amended in 1983 (63 P. S. §§ 1601--1608), and the Insurance Department seeks to modify Chapter 115 to be consistent with the revised statutory language. Licensing requirements are being proposed to be added to this regulation. Peter J. Salvatore,
(717) 787-4429Preparation of Filing of Property and Casualty Forms for Approval, 31 Pa. Code, Chapter 133, §§ 133.1--133.12 Summer 2001, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Description of Reserves--Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3 Fall 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1--146.10 Fall 2001, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore,
(717) 787-4429Privacy of Consumer Financial Information, 31 Pa. Code, Chapter 146a, §§ 146a.1--146a.44 Summer 2001, as final. NEW. This regulation is intended to implement the privacy provisions required by the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.). Peter J. Salvatore,
(717) 787-4429Privacy of Consumer Health Information, 31 Pa. Code, Chapter 146b Summer 2001, as proposed NEW. This regulation is intended to implement the health provisions in accordance to the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and the Department of Health and Human Services (HHS). Peter J. Salvatore,
(717) 787-4429Securities Held Under Custodial Agreements, 31 Pa. Code, Chapter 148, §§ 148.1--148.4 Fall 2001, as proposed. Amend to eliminate unnecessary forms, add uniform requirements relating to custodial agreements and duties of custodians and update provisions relating to permissible custodians. Peter J. Salvatore,
(717) 787-4429Continuing Care Providers, 31 Pa. Code, Chapter 151, §§ 151.1--151.14 Fall 2001, as proposed. Amend to be consistent with 1996 statutory amendments relating to the order of distribution of assets in insolvencies and to provide for the voluntary surrender of a certificate of authority. Peter J. Salvatore,
(717) 787-4429Health Maintenance Organizations, 31 Pa Code, Chapters 301, §§ 301.1--301.126 Winter 2001, as proposed. Amend pursuant to Executive order 1996-1. Peter J. Salvatore,
(717) 787-4429Underground Storage Tank Indemnification Fund--Fee Regulation, 25 Pa. Code, Chapter 971, §§ 971.1--971.4 Fall 2001, as final. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 973 and 975 into a new regulation, Chapter 977. Peter J. Salvatore,
(717) 787-4429Underground Storage Tank Indemnification Fund--Fee Collections Regulation, Chapter 973, §§ 973.1--973.12 Fall 2001, as final. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 975 into a new regulation, Chapter 977. Peter J. Salvatore,
(717) 787-4429Underground Storage Tank Indemnification Fund--Voluntary Heating Oil Tank Program, 25 Pa. Code, Chapter 975, §§ 975.1--975.6 Fall 2001, as final. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 973 into a new regulation, Chapter 977 Peter J. Salvatore,
(717) 787-4429Underground Storage Tank Indemnification Fund--Claims Regulation, 25 Pa. Code, (NEW Chapter 977) Fall 2001, as final. Requires underground storage tank owners be in compliance with certain leak detection standards in order to obtain claims coverage from the Underground Storage Tank Indemnification Fund. The proposed regulation establishes requirements for owners to file such claims. This will combine most of 25 Pa. Code, Chapters 971, 973 and 975. Peter J. Salvatore,
(717) 787-4429LABOR AND INDUSTRY Workers' Compensation Bureau, Workers' Compensation Judges, and Workers' Compensation Appeal Board regulations at 34 Pa. Code Chapters 131, 121, and 111. December 2001, as final. These rules have not been updated in many years; they need to reflect the changes in the law and practice of workers' compensation. Final form expected to be submitted to Secretary of L&I & IRRC by December 2001 Thomas J. Kuzma
(717) 783-4467Underground Storage Facilities July 2002, as proposed. This regulation will address requirements for natural or man-made caverns used for LPG storage. James Varhola
(717) 787-3329Dry Cleaning Will be addressed through Act 45 regulations. (See Act 45 regs below.) Dry Cleaning Law, Act of December 19, 1990, P. L. 1327, No. 214, 35 P. S. 1270.1 et seq. This proposal will regulate the construction, operation and maintenance of dry cleaning plants. Edward Leister
(717) 787-3323Elevators and Lifting Devices Will be addressed through Act 45 regulations. (See Act 45 regs below.) The new regulation will amend the current standards to include ANSI/ASME A17.1, B20.1 and other national consensus standards. There is a need to update standards to bring them in line with national standards. James Varhola
(717) 787-3329Asbestos Occupations Accreditation and Certification September 2001, as proposed. Act of December 19, 1990, P. L. 05, No. 194, 64 P. S. §§ 2101--2112. This regulation established the Department's worker certification and training provider accreditation program. It also sets up training course requirements. It is based on the Environmental Protection Agency's model plan. Sharon Lawson
(717) 772-3396Uniform Construction Code (UCC) regulations. Act 45 of 1999. December 2001, as proposed. Act 45 of 1999, providing for a uniform statewide building code, requires the Dept. of L&I to promulgate regulations. Because this measure in effect repealed the Dry Cleaning Law, Elevator Law and Fire & Panic Act, the regulations pursuant to each (including those for Personal Care Homes), will be addressed through regulations for Act 45. Personal Care Home regs, previously submitted to OGC, were withdrawn and provisions not addressed in Act 45 regs will be addressed through legislative measure. Edward L. Leister
(717) 787-3323Unemployment Compensation Regulations, Title 34.
Labor & Industry RegulationsFall 2001, as final. It was published as a proposed rule making. We received one public comment & one comment from IRRC. Currently we are in the process of reviewing these comments. Jeri Morris
(717) 787-6337MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND No regulations being developed or considered at this date. MILITARY AND VETERANS AFFAIRS
No regulations being developed or considered at this date. PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
See Public School Employees' Retirement System.
PROBATION AND PAROLE
No regulations being developed or considered at this date.
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
22 Pa. Code
Chapter 213August 2001, as proposed. This proposal is being made to conform the Board's regulations with the policy adopted by the Board at its December 2, 1998 meeting allowing actuarial debt reduction for purchases of service. Frank Ryder
(717) 720-4733
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