[32 Pa.B. 3276]
[Continued from previous Web Page]
Regulation Being
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact INFRASTRUCTURE INVESTMENT AUTHORITY
No regulations being developed or considered at this date. INSURANCE
Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61 Winter 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Private Passenger Automobile Policy Forms, 31 Pa. Code, Chapter 64, §§ 64.1--64.14 Fall 2002, as proposed. Repeal pursuant to Executive order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21--28 Winter 2002, as proposed. Amend to make the regulation consistent with statutory requirements. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1--91 Fall 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1--91 Fall 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Disclosure in Solicitation of Life Insurance, 31 Pa. Code, Chapter 83, §§ 83.1--57 Fall 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Annuity Disclosure, (NEW Chapter 83a) Summer/Fall 2002, as final. 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, Regulatory Coordinator 717-787-4429 Variable Annuity & Accumulation Contracts, 31 Pa. Code, Chapter 85, §§ 85.1--85.40 Fall 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42 Fall 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Life Insurance Illustrations (New Chapter 87a) Summer 2002, 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 717-787-4429 Individual Accident & Sickness Minimum Standards, 31 Pa. Code, Chapter 88, §§ 88.1--88.195 Winter 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Requirements 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 2002, 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, Regulatory Coordinator 717-787-4429 Preparation of Forms, 31 Pa. Code, Chapter 89, §§ 89.12-16, 89.18--89.62 Fall 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Prior Approval of Forms Required, 31 Pa. Code, Chapter 89, § 89.101 Fall 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Public Adjusters, 31 Pa. Code, Chapter 115, §§ 115.1--115.8 Summer/Fall 2002, as final. 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, Regulatory Coordinator 717-787-4429 Description of Reserves--Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3 Winter 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1--146.10 Fall 2002, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Privacy of Consumer Health Information, 31 Pa. Code, Chapter 146b Summer 2002, as final. NEW. This implements the NAIC model privacy regulation with respect to health information in accordance with the health privacy regulations of the U.S. dept. of health and Human Services and the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.). Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Annual Audited Insurers' Financial Report Required, 31 Pa. Code, Chapter 147 Winter 2002, as proposed. Amend to prohibit a person or firm from being recognized as a qualified independent certified public accountant if the person or firm has entered into an agreement of indemnity or release from liability with respect to an audit of an insurer. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Securities Held Under Custodial Agreements, 31 Pa. Code, Chapter 148, §§ 148.1--148.4 Summer/Fall 2002, as final. 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, Regulatory Coordinator 717-787-4429 Health Maintenance Organizations, 31 Pa. Code , Chapters 301, §§ 301.1--301.126 Winter 2002, as proposed. Amend pursuant to Executive order 1996-1. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Workers' Compensation Security Fund Assessment Regulation, 31 Pa. Code, Chapter 165 (new chapter) Summer 2002, as proposed. HB 1370 passed the GA in 2000 allowing the Fund to develop a regulatory scheme to finance the obligations of the Fund. The proposed regulation will establish reporting requirements for licensed worker's compensation carriers and assessment calculations. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 Premium Finance Companies (new chapter) Fall 2002, as proposed. New regulation addressing issues pertaining to Premium Finance Companies. Peter J. Salvatore, Regulatory Coordinator 717-787-4429 LABOR AND INDUSTRY
Workers' Compensation Bureau, Workers' Compensation Judges, and Workers' Compensation Appeal Board regulations at 34 Pa. Code Chapters 131, 121, and 111. Proposed rulemaking was published on 3/23/02. Public comments have been received. Anticipate submission as final-form regulation by the end of 2002. These rules have not been updated in many years and need to reflect the changes in the law and practice of workers' compensation. Thomas J. Kuzma (717) 783-4467 Underground Storage Facilities Anticipate submitting as proposed rulemaking in Fall, 2003. This regulation will address requirements for natural or man-made caverns used for Liquefied Petroleum Gas storage. Edward Leister (717) 787-3329 Unemployment Compensation
Appeal AmendmentsSigned by Secretary. Submitted as proposed rulemaking The proposed rulemaking will update rules for filing and allow filings through private mail carriers, fax and electronic transmission. Kelly Smith (717) 787-4186 Unemployment Compensation Regulations, Title 34.
Labor & Industry RegulationsFinal-form regulation sent to Secretary Butler for signature on 6/18/02. The proposed regulation will clarify the meaning of reasonable assurance as it applies to the eligibility of the employees of educational institutions during regularly scheduled non-school periods.
Under Section 402.1 of the PA UC Law, a school employee is not eligible for benefits based on school employment during a regularly scheduled non-school period when the individual performed services for a school employer prior to the break and has a reasonable assurance of performing such services following the break.Jeri Morris (717) 787-6337 Asbestos Occupations Accreditation and Certification Published in proposed form. Received numerous comments. Rulemaking was withdrawn L&I re-writing in accordance with federal EPA Model Plan. Will resubmit as proposed rulemaking in early 2003. 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 will be based on the Environmental Protection Agency's model plan. Sharon Lawson (717) 772-3396 Uniform Construction Code (UCC) regulations. Act 45 of 1999. The Training and Certification portion was published as a final form regulation and will take effect on 7-15-02. Anticipate submitting Administrative and Enforcement regulations as proposed rulemaking in Summer, 2002. 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 relating to each (including those for Personal Care Homes), were withdrawn and will be addressed through regulations for Act 45. Personal Care Home regs, previously submitted to OGC, were withdrawn and its provisions not addressed in Act 45 regs will be addressed through legislative measure. Edward L. Leister
(717) 787-3323MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND
No regulations being developed or considered at this date. MILITARY AND VETERANS AFFAIRS
State Veterans Home
43 Pa. Code Section 7.1 et. seq.July 2003, as proposed. This regulation is necessary to update current regulations to make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7. Eclemus Wright, Jr.
717-861-8503BOARD OF PARDONS
No regulations being developed or considered at this time. 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 213Became effective upon publication May 11, 2002 Conforms the board's regulations with the policy adopted by the board at its December 2, 1998 meeting allowing actuarial debt reduction for purchase of service. Frank Ryder (717) 720-4733 PUBLIC WELFARE Child Protective Services Law
55 Pa. Code Chapter 3490October 2002, as final This regulation incorporates the amendments to the Child Protective Services Law as a result of Act 127 of 1998. The major changes include: convening of an investigative team for the investigation of suspected child abuse; increased communication between county agencies and law enforcement officials; increased requirements for multi-disciplinary teams; increasing the length of time unfounded reports are retained; and expanded reporting requirements by county agencies to law enforcement officials. Ruth O'Brien (717) 783-2800 Adolescent and Adult Part Day Regulations
28 Pa. Code Chapters 704 and 709 (Subchapters C, H and I)
(3 facility types)
Staffing Requirements for Drug and Alcohol Treatment Facilities Standards for Licensure of Freestanding Treatment Facilities
55 Pa. Code Chapter 2390
Vocational Facilities
55 Pa. Code Chapter 2380
Adult Training Facilities
55 Pa. Code Chapter 5200
Psychiatric Outpatient Clinics
55 Pa. Code Chapter 5210
Partial Hospitalization
6 Pa. Code Chapter 11
Older Adult Daily Living CentersFebruary 2003, as proposed DPW, DOH and PDA are consolidating nine sets of regulations into one chapter of regulations. Each agency will retain its statutory authority. Regulations will include common administrative standards and common health and safety standards for all facilities included, as well as unique program standards for each facility type. Ruth O'Brien (717) 783-2800 Adult Residential Regulations
28 Pa. Code Chapters 704 and 709 (Subchapters C and E)
(2 facility types)
Staffing Requirements for Drug and Alcohol Treatment Facilities
Standards for Licensure of Freestanding Treatment Facilities
55 Pa. Code Chapter 6500
Family Living Homes
55 Pa. Code Chapter 5310
Community Residential Rehabilitation Services for the Mentally Ill
55 Pa. Code Chapter 5320
Long Term Structured Residence
55 Pa. Code Chapter 2620
Personal Care Home Licensing
Also (no current regs.--regulated under Article X):
Residential Treatment Facilities for Adults
Residential Crisis InterventionAugust 2002, as proposed DPW and DOH are consolidating eight sets of regulations into one chapter of regulations. Each agency will retain its statutory authority. Regulations will include common administrative and health and safety standards for all facilities included, as well as unique program standards for each facility type. However, at this time, the Department has prioritized Personal Care Home Licensing regulations for proposed publication. Ruth O'Brien (717) 783-2800 Subsidized Child Day Care Eligibility
55 Pa. Code Chapter 3040October 2002, as proposed This regulation is proposed in order to clarify existing regulations relating to eligibility requirements for day care subsidy. Ruth O'Brien (717) 783-2800 Continuation of Medical Assistance Throughout Pregnancy
55 Pa. Code Chapters 140, 181March 2003, as proposed This regulation codifies the provision that Medical Assistance coverage will be continued for pregnant women throughout their pregnancy and postpartum period, regardless of changes in family income that occur after the authorization of MA or cash assistance. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Ruth O'Brien (717) 783-2800 Workfare/Community Service
55 Pa. Code Chapters 166, 275June 2003, as proposed The revisions clarify who may be assigned and the priority and factors to be considered in making Workfare program assignments, define responsibilities of county assistance offices and project operators regarding participation expenses and program requirements, and provide for grievance rights for Workfare recipients and regular employees. Provisions of Act 1995-20 will also be incorporated into this regulation package. This regulation will be reviewed by representatives of community legal services agencies, the welfare rights organization, and other similar client advocacy groups. Ruth O'Brien (717) 783-2800 Real Property Liens
55 Pa. Code Chapters 101, 121, 177, 183, 257, 297June 2003, as proposed This regulation codifies the elimination of the requirement that applicants who own real property, including mobile homes, which are used as their primary residence, will no longer be required to sign a lien encumbering their residence as a condition of eligibility for cash assistance. The Department intends to rescind 55 Pa. Code Chapter 257, regarding Reimbursement. Instead, the Department will propose a new chapter governing reimbursement policy for cash assistance recipients and applicants who own personal property. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Ruth O'Brien (717) 783-2800 Criminal History *
55 Pa. Code Chapters 125, 133, 141March 2003, as proposed This regulation incorporates the Act 1995-20 provision that prohibits the granting of assistance to any person sentenced for a felony or misdemeanor who has not satisfied the penalty imposed by law by having completed the period of incarceration and by paying all fines, costs, and restitution. Act 1996-35 expands the satisfied penalty requirement to include compliance with an approved payment plan. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Ruth O'Brien (717) 783-2800 Act 1996-35--Provisions Effective March 3, 1997 *
55 Pa. Code Chapters 105, 125, 133, 140, 141, 145, 151, 153, 165, 168, 177, 178, 181, 183, 187, 255August 2002, as final This regulation incorporates provisions of the TANF program implemented 3/3/97 by NORC including establishing RESET; requiring applicants and recipients to enter into an agreement of mutual responsibility with the department; and further defining Title IV-D cooperation requirements and procedures for TANF and GA applicants and recipients. Act 1996-35 provisions applicable to the TANF program may not be implemented until federal approval is received. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Ruth O'Brien (717) 783-2800 Medical Support Rights
55 Pa. Code Chapter 187March 2003, as proposed This regulation will require Medical Assistance applicants/ recipients to assign their medical support rights to the Commonwealth and apply for Title IV-D support services as conditions of eligibility. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Ruth O'Brien (717) 783-2800 Annuity Rule
55 Pa. Code Chapter 178February 2003, as proposed This regulation codifies the provision that in addition to the current provision permitting the institutionalized spouse to provide part of his monthly income to the community spouse whose income is below the minimum monthly maintenance needs allowance, either the institutionalized spouse or their representative may file an appeal and seek an administrative order permitting the protection of additional resources to enable the community spouse to purchase an annuity that will generate sufficient income to bring her income up to the minimum monthly maintenance needs allowance. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Ruth O'Brien (717) 783-2800 Food Stamp Disqualification Penalties
55 Pa. Code Chapter 501March 2003, as proposed This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from six months to one year for the first violation and from one year to two years for the second violation. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Ruth O'Brien (717) 783-2800 Employment Requirements for Two-Parent Households: Definition of Unemployment *
55 Pa. Code Chapters 153, 178August 2002, as final This regulation codifies the provision in the current Temporary Assistance for Needy Families (TANF) State Plan that DPW is revising the definition of unemployment so that working parents who meet financial eligibility requirements and are otherwise eligible may receive TANF until their income exceeds eligibility limits or they exhaust their 60 months of TANF. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Ruth O'Brien (717) 783-2800 Family Violence Option
55 Pa. Code Chapter 187March 2003, as proposed This regulation codifies the provision in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, establish service plans, provide universal notification, and make appropriate referrals to social service agencies. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Ruth O'Brien (717) 783-2800 Lump Sum Income (Cash)
55 Pa. Code Chapter 183December 2002, as Final This regulation codifies provisions to specify that lump sum is considered income in the month of receipt and a resource in subsequent months. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Ruth O'Brien (717) 783-2800
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
