[32 Pa.B. 3276]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
OBRA '90 55 Pa. Code Chapters 140, 178, and 181	February 2003, as proposed	This regulation codifies changes resulting from OBRA '90 that affect the SSI program and, therefore, the SSI-related program in the areas of income and resources. OBRA '90 also provides a mandatory change to the post-eligibility requirements for institutionalized Medicaid eligibles who will have their VA pension reduced to $90 but that will now not be counted in determining cost of care. Thus, SSI and Medicaid recipients will be positively impacted. The reduction that veterans will contribute toward cost of care will increase federal/state costs but will not affect service delivery. 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
20% Hardship Exemption for TANF 55 Pa. Code Chapter 141	September 2002, as final	This regulation codifies provisions that extend TANF beyond 60 months to up to 20% of the average monthly caseload based on hardship or domestic violence issues. 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
Increases in Payment for Burial and/or Cremation* 55 Pa. Code Chapter 285	February 2003, as proposed	This regulation codifies an increase to the maximum payment for burial and/or cremation for eligible persons. A decreased person of any age who received or was eligible to receive a money payment--TANF, General Assistance, State Blind Pension, or Supplemental Security Income--may be eligible for a maximum burial and/or cremation payment of $750, if there are no resources that reduce the payment. 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 Assistance for Workers with Disabilities 55 PA. Code Chapter 140	October 2002, as proposed	This regulation provides Medicaid benefits to Workers with Disabilities who would otherwise not be eligible, effective January 1, 2002. The Ticket to Work and Work Incentives Improvement Act of 1999 (P. L. 106-170) gave states the option of providing categorically needy Non-Money Payment Medicaid benefits to workers with disabilities who have higher incomes and resources than the current Medicaid standards. Pennsylvania exercised this option by passing Act 2001-77 of June 26, 2001 (P. L. 755), also known as the Tobacco Settlement Act, which establishes MAWD. MAWD is intended to provide individuals with disabilities the opportunity to enter and remain in the workforce while receiving Medicaid coverage. 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
Breast and Cervical Cancer Prevention and Treatment Program 55 Pa. Code Chapter 140	October 2002, as proposed	This regulation provides Medicaid benefits to individuals diagnosed with Breast and Cervical Cancer, effective January 1, 2002. The BCCPT Act of 2000 amended Title XIX of the Social Security Act by giving states the option of providing full Medicaid benefits to a new group of individuals. This regulation provides healthcare coverage for treatment of breast and cervical cancer, including pre-cancerous conditions of the breast and cervix, in addition to full Medicaid benefits. Specifically, uninsured and underinsured women under the age of 65, screened and diagnosed with either breast or cervical cancer, including pre-cancerous conditions of the breast or cervix, by a provider or facility funded in full or part by the Centers for Disease Control and Prevention under its National Breast and Cervical Cancer Early Detection Program, will be eligible for Medicaid benefits. Pennsylvania has chosen the Department of Health Healthy Woman Project as the screening entity for this program. 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
Semi-annual Budgeting 55 Pa. Code Chapters 142, 168, 175, and 183	February 2003, as proposed	This regulation will change the manner of reporting and adjusting earned income for employed clients. Reporting of earned income will be required for specific periods within six-month intervals. Benefits will be adjusted on a post-adjustment basis so that income reported for period A will affect benefits received in period B, etc. 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
Establishment of Parental Income Limit--Children with Disabilities 55 Pa. Code Chapters 140, 178 and 181	October 2002, as proposed	This regulation will change the eligibility requirements to deem parental income to a child with a disability for the Medicaid Program. Previously, there was no provision to permit the use of parental income in the eligibility determination process for these children. This regulation will permit an income disregard under § 1902(r)(2) of the Social Security Act prior to deeming parental income using standard Supplemental Security Income deeming of income methodologies. 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
Limitations in Spend-down Eligibility 55 Pa. Code Chapter 181	October 2002, as proposed	This regulation will change the spend-down procedure within the Medicaid eligibility determination process. The change will affect the Nonmoney Payment category by the elimination of the spend-down process and the Medically Needy Only category by limiting unpaid medical expenses used as a deduction to those incurred during the retroactive period. 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
Minor Changes in Nursing Care Eligibility 55 Pa. Code Chapters 178 and 181	October 2002, as proposed	This regulation will change the eligibility requirements for applicants and recipients in long-term care facilities. Recipients of Medicaid Program benefits will be required to contribute more toward the cost of long-term care services. Applicants for Medicaid Program benefits will be required to use more of their own resources to pay for their care prior to being authorized eligible for the Medicaid Program. 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
Early and Periodic Screening Diagnosis Treatment (EPSDT) * 55 Pa. Code Chapters 1101, 1121, 1123, 1147, 1241	December 2003, as final omitted	This regulation relating to services provided as a follow-up to an EPSDT visit or encounter that are not currently recognized under the approved Medical Assistance (Medical Assistance) State Plan. This regulation will be reviewed by the medical assistance advisory committee (MAAC) which includes representatives of professional provider associations, providers, the health law project, the welfare rights organization, consumers, and client advocacy groups.	Ruth O'Brien (717) 783-2800
Medical Assistance Case Management Services * 55 Pa. Code Chapter 1239	January 2004, as final omitted	This final regulation codifies payment for medically necessary case management services as mandated by Omnibus Budget Reconciliation Act '89 to Medical Assistance recipients under the age of 21. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien (717) 783-2800
OMNIBUS MA * 55 Pa. Code Chapters 1101, 1121, 1149	March 2003, as final omitted	This final regulation codifies Act 1994-49 provisions that affect the medical benefits of General Assistance recipients over the age of 21 when these services are solely state funded. These recipients are no longer eligible for (1) dental services unless their medical condition or handicap requires services to be provided in an ambulatory surgical center, short procedures unit or inpatient hospital; (2) medical supplies and equipment except as prescribed for family planning or with home health agency service; and (3) prescription drugs except legend birth control drugs. This regulation also implements Act 1996-35 provisions imposing a $150 deductible on inpatient and outpatient hospital services and ambulatory surgical center services, except laboratory and x-ray services for General Assistance and General Assistance-related Medical Assistance recipients. In addition, this regulation removes family planning clinics from the list of providers limited under the General Assistance Basic Health Care Package to 18 practitioner's office and clinic visits per year. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien (717) 783-2800
OMNIBUS Pharmacy * 55 Pa. Code Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243	December 2002, as final omitted	This final regulation codifies Act 1994-49 provisions that discontinue payment for all drugs, devices, products, services and procedures that are used or related to treating infertility, including surrogacy services, effective September 1, 1994. This regulation also provides that the medical assistance program provides drug coverage to medically needy only recipients receiving nursing facility services. This includes medically needy only recipients who reside in nursing facilities and intermediate care facilities/mental retardation (ICF/MR). This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien (717) 783-2800
Residential Treatment Facilities (RTF) for Mental Health Services* 55 Pa. Code Chapters 1157, 1165	February 2003, as proposed	This regulation codifies coverage for mental health services to children under 21 years of age that are provided in a residential treatment facility. This regulation was reviewed by the MAAC on 3/28/02. The Department received comments from 6 agencies. These comments are currently under review by the Department.	Ruth O'Brien (717) 783-2800
Early Intervention Services* 55 Pa. Code Chapters 4225, 4226	December 2002, as final	This regulation will establish program regulations for early intervention services in keeping with the Federal regulations under the Individuals with Disabilities Education Act (IDEA) and Act 212 of 1990. Early intervention services regulations are called for by the Legislative Budget and Financing Committee Report on early intervention services.	Ruth O'Brien (717) 783-2800
Behavioral Health Rehabilitation Services* 55 Pa. Code Chapter 1154	January 2003, as proposed	This regulation codifies requirements necessary to receive reimbursement for medically necessary outpatient wraparound mental health services for individuals under 21 years of age with a diagnosis of mental illness or emotional disturbance. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien (717) 783-2800
Physician Assistant/Midwife* 55 Pa. Code Chapter 1141	December 2002, as final omitted	This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien (717) 783-2800
Discontinuance of the Mandatory Second Opinion Program* 55 Pa. Code Chapter 1150	December 2002, as final omitted	This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien (717) 783-2800
Capital Component Payment for Replacement Beds 55 Pa. Code Chapter 1187	July 2003, as proposed	This regulation takes the policy as set forth in the Statement of Policy and promulgates it into the regulations. This regulation will be reviewed by the MAAC.	Ruth O'Brien (717) 783-2800
New Definition of ''Emergency Medical Condition'' * 55 Pa. Code Chapters 1101, 1141, 1150, 1221	December 2002, as final omitted	This final regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien (717) 783-2800
Definition of Medically Necessary 55 Pa. Code Chapter 1101	February 2003, as proposed	This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien (717) 783-2800
Provision of Drug and Alcohol Treatment 55 Pa. Code Chapter 1223	December 2002, as final omitted	This final regulation eliminates the need for the supervisory physician to perform a physical exam within 15 days following intake and before the provision of treatment. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien (717) 783-2800
Invoicing for Services 55 Pa. Code Chapter 1101	December 2002, as final omitted	This regulation revises the invoice submission requirements for nursing facilities. This regulation will be reviewed by the MAAC.	Ruth O'Brien (717) 783-2800
Tobacco Cessation and Nutritional Supplements 55 Pa. Code Chapter 1121	March 2003, as final omitted	This final regulation will provide coverage under the Medical Assistance Program for tobacco cessation products and counseling services and will extend coverage for nutritional supplements to eligible Medical Assistance recipients 21 years of age and older. This regulation will be reviewed by MAAC.	Ruth O'Brien (717) 783-2800
Dental Services 55 Pa. Code Chapter 1149	December 2002, as final omitted	This final regulation will provide coverage for core build-up and will revise the Medical Assistance Orthodontia Program. This regulation will be reviewed by MAAC.	Ruth O'Brien (717) 783-2800
Preadmission Requirements for Nursing Facility Services (Mandatory 12 month spend-down) 55 Pa. Code Chapter 1187	September 2002, as proposed	This regulation will require nursing facilities to have all individuals applying for nursing facility services, evaluated by the Department or an independent assessor if it is likely that the applicant will use Medical Assistance as a payer source within 12 months of admission. The purpose of this regulation is to allow an individual to remain in the community by delaying or eliminating the need for admission to a nursing facility. This regulation will be reviewed by the MAAC.	Ruth O'Brien (717) 783-2800
REVENUE
Cash 5/Super 6 Lotto 61 Pa. Code §§ 816.106, 816.110, 870.3, 870.5, 870.6, 870.8 and 870.9	December 2002, as final.	Amendment to the Cash 5 and Super 6 Lotto games will delete the provision that allows for the cancellation of a ticket after purchase but prior to the drawing. Amendment necessary to make the on-line games consistent with the Powerball game. Other minor amendments made for clarity.	Douglas A. Berguson 717-787-1382
Employer Returns and Other Withholding Provisions 61 Pa. Code §§ 113.2, 113.3, 113.3a, 113.3b, 113.3c, 113.4, 113.4a, 113.7 and 121.16	December 2002, as final.	The Department is proposing amendments to various withholding regulatory sections, including requiring an employer who is required to file 250 or more withholding statements, to forward to the Department the reconciliation statement with such withholding statements via electronic or magnetic media as specified in the instructions of the Department. In addition, § 121.16 is amended to delete language relating to the filing of a W-2 with Form PA-40 as evidence of taxes withheld.	Douglas A. Berguson 717-787-1382
File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program 61 Pa. Code §§ 117.19--117.21	December 2002, as proposed.	The file-by-phone (TeleFile) program involves the filing of a Pennsylvania personal income tax return by phone. The Federal and State electronic tax filing program involves the filing of a Pennsylvania personal income tax return as part of the Federal and State Electronic Filing Program.	Douglas A. Berguson 717-787-1382
Master Settlement Agreement 61 Pa. Code §§ 71.31--71.33	December 2002, as final.	On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the ''Master Settlement Agreement,'' with the Commonwealth. On June 22, 2000, Act 54-2000, known as the Tobacco Settlement Agreement Act, was signed into law. Pursuant to Act 54, the Department is proposing a regulation which describes the responsibilities for participating and nonparticipating tobacco product manufacturers and cigarette stamping agents.	Douglas A. Berguson 717-787-1382
Partial Refunds For Bad Debts 61 Pa. Code §§ 33.3 and 33.5	October 2002, as final.	This regulation explains the application of section 247.1 of the TRC (72 P. S. § 7247.1) relating to partial refund of sales tax attributed to bad debts.	Douglas A. Berguson 717-787-1382
Realty Transfer Tax Amendments 61 Pa. Code, Chapter 91	March 2003, as proposed.	The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy.	Douglas A. Berguson 717-787-1382
Small Games of Chance Amendments 61 Pa. Code, Part VII	January 2003, as proposed.	The regulation contains comprehensive amendments to Part VII to incorporate legislative changes made to the Local Option Small Games of Chance Act (10 P. S. §§ 311--328) in 1990 and 2000 and to codify policy and administrative changes regarding games of chance.	Douglas A. Berguson 717-787-1382
Support Offset and Other Personal Income Tax Provisions	December 2002, as proposed	This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions.	Douglas A. Berguson 717-787-1382
SECURITIES COMMISSION
''Banking institution; savings and loan institution'' 64 Pa. Code § 102.041 Proposed Rulemaking	December 2002	The Commission plans to amend this regulation to conform its provisions with federal law.	G. Philip Rutledge (717) 783-5130
''Institutional investor'' 64 Pa. Code § 102.111 Proposed Rulemaking	December 2002	The Commission plans to amend this regulation to include a 1985 Interpretive Opinion on qualifications for IRAs, KEOGHs and SEPs to be an institutional investor.	G. Philip Rutledge (717) 783-5130
''Real property units'' 64 Pa. Code § 102.202 Proposed Rulemaking	December 2002	The Commission plans to repeal this regulation which is overly narrow.	G. Philip Rutledge (717) 783-5130
''Exchange'' 64 Pa. Code § 102.241 Proposed Rulemaking	December 2002	The Commission plans to revise language to make it conform to federal law.	G. Philip Rutledge (717) 783-5130
''Private activity bonds'' 64 Pa. Code § 202.010 Proposed Rulemaking	December 2002	The Commission plans to amend this regulation to conform its requirements to the federal National Securities Markets Improvement Act of 1996.	G. Philip Rutledge (717) 783-5130
''Commercial paper'' 64 Pa. Code § 202.030 Proposed Rulemaking	December 2002	The Commission plans to amend this regulation to conform its requirements to the federal National Securities Markets Improvement Act of 1996.	G. Philip Rutledge (717) 783-5130
''Commercial paper issued by bank holding companies'' 64 Pa. Code § 202.032 Proposed Rulemaking	December 2002	The Commission plans to repeal this regulation in reliance a single regulation dealing with the commercial paper exemption.	G. Philip Rutledge (717) 783-5130
''Guaranties of debt securities exempt compensation'' 64 Pa. Code § 304.051 Proposed Rulemaking	December 2002	The Commission plans to amend this regulation to conform its requirements to the federal National Securities Markets Improvement Act of 1996.	G. Philip Rutledge (717) 783-5130
STATE
State Board of Accountancy--General Revisions-- 49 Pa. Code, Chapter 11. (16A-559)	Summer 2002, as Proposed.	The regulation would repeal outdated and unnecessary requirements; clarify certain issues relating to examination, certification and practice; and make editorial changes. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3(10)--(12).	Dorna Thorpe (717) 783-1404
State Architects Licensure Board--Examination Fees and Annual Filing Fee for Registered Architecture Firms-- 49 Pa. Code, Chapter 9. (16A-416)         --Firm practice-- 49 Pa. Code § 9.162 (16A-417)	Summer 2002, as Final.                   Summer 2002, as Proposed.	The regulation would modify the Board's regulations regarding examinations. The regulation also would provide for a $50 annual filing fee collected biennially for registered partnerships, professional associations, professional corporations or business corporations, which is permitted under the Architects Licensure Law, but has never been implemented. Statutory Authority: Sections 8 and 13(h) of the Law, 63 P. S. §§ 34.8, 34.13(h). The regulation would establish requirements for the practice of architecture as a limited liability company or limited liability partnership. Statutory Authority: 63 P. S. §§ 34.6(a) and 34.13(j).	Dorna Thorpe (717) 783-3397
State Board of Auctioneer Examiners-- Deletion of Reference to Examination Fees-- 49 Pa. Code § 1.41. (16A-645)	Summer 2002, as Proposed.	The regulation would delete references to examination fees. Statutory Authority: Section 6(a) of the Act, 63 P. S. § 734.6(a)	Tammy Radel (717) 783-3397
State Board of Barber Examiners-- Sanitation/General Revisions-- 49 Pa. Code, Chapter 3. (16A-424)   --Deletion of Examination Fees-- 49 Pa. Code, Chapter 3. (16A-425)	Summer 2002, as Final.           Summer 2002, as Proposed.	The Board proposes to revise and update its entire chapter and repeal antiquated provisions, particularly with regard to standards for disinfection and sanitation. Statutory Authority: Section 15-A.4(b) of the Barber License Law, 63 P. S. § 566.4(b).   The regulation would delete licensing examination fees. Statutory Authority: Section 14 of the Law, 63 P. S. § 564.	Sara Sulpizio (717) 783-3402
State Board of Chiropractic-- Chiropractic specialties-- 49 Pa. Code Ch. 5 (number not yet assigned)     --Adjunctive procedures-- 49 Pa. Code § 5.14 (number not yet assigned)     --Patient records-- 49 Pa. Code § 5.51 (number not yet assigned)	Summer 2002, as Proposed.             Summer 2002, as Proposed.       Summer 2002, as Proposed.	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. See 63 P. S. §§ 625.506(a)(17) and 625.702(12). The regulation would identify the certifications acceptable to the Board. Statutory Authority: 63 P. S. § 625.302(3).   The regulation would clarify the types of procedures for which an adjunctive procedures certificate is required. Statutory Authority: 63 P. S. § 625.302(3).   The regulation would clarify the requirements for patient records. Statutory Authority: 63 P. S. § 625.302(3).	Deborah Smith (717) 783-7155
Commissioner, BPOA-- Schedule of Civil Penalties-- 49 Pa. Code § 43b.8 (16-29)	Summer 2002, as Proposed.	The regulation would amend the schedule of civil penalties for the Real Estate Commission that was initially published as a Statement of Policy and later codified as a regulation pursuant to Act 48 of 1993. Statutory Authority: 63 P. S. § 2205(a).	Cynthia K. Montgomery (717) 783-7200
Bureau of Commissions, Elections & Legislation-- Statewide Registry-- 4 Pa. Code, Chap. 183	Summer/Fall, as Final, Proposed- Omitted.	These regulations would create a Statewide Uniform Registry of Electors, as required by Act 3 of 2002. Statutory Authority: Section 2 of Act 3 of 2002.	L. Lawrence Boyle (717) 787-6458

 

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