NOTICES
GOVERNOR'S OFFICE
Catalog of Nonregulatory Documents
[42 Pa.B. 5011]
[Saturday, August 4, 2012]Under Executive Order 1996-1, agencies under the jurisdiction of the Governor must catalog and publish nonregulatory documents such as policy statements, guidance manuals, decisions, rules and other written materials that provide compliance related information. The following compilation is the sixteenth list of the nonregulatory documents. This list is updated and published annually on the first Saturday in August.
This catalog is being provided to ensure that the public has complete access to the information necessary to understand and comply with state regulations. We have made every effort to ensure that the catalog includes all documents in effect as of August 4, 2012; however, due to the breadth and changing nature of these documents, we cannot guarantee absolute accuracy. Facilitating access to information is important to enhancing the partnership between the regulated community and the state.
ADMINISTRATION
Editor's Note: The Index of Issuances, Manual M210.3, issued by the Governor's Office of Administration, Directives Management System, includes Executive Orders, Management Directives and Manuals. New or revised documents to the Index are published monthly in the Pennsylvania Bulletin and the entire index is revised yearly in the Pennsylvania Code.
AGING
DECISIONS:
Office of Chief Counsel
Contact: Harriet F. Withstandley, Chief Counsel (717) 783-2670• Reynolds v. Department of Aging, 570 A.2d 1373 (Pa. Commw. 1990).
• Pennsylvania Department of Aging v. Lindbergh, 469 A.2d 1012 (Pa.1983).
• Suburban/Bustleton v. Department of Aging, 579 A.2d 426 (Pa. Commw. 1990).
• McGuire v. Department of Aging, 592 A.2d 830 (Pa. Commw. 1991).
• Dickey v. Department of Aging, 615 A.2d 990 (Pa. Commw. 1992).
• In the Interest of M.B., 686 A.2d 87 (Pa. Commw. 1996).
• Calabro v. Department of Aging, 689 A.2d 34 (Pa Commw. 1997).
• Calabro v. Department of Aging, 698 A.2d 596 (Pa. 1997).
• Schaffren v. Philadelphia Corporation for Aging, 1997 U.S. Dist. Lexis 17493 (M.D. Pa., 1997).
• Scanlon v. Department of Aging, 739 A.2d 635 (Pa. Commw. 1999).
• Nixon v. Com. of PA, 789 A.2d 376 (Pa. Commw. 2001), affirmed by 576 Pa. 385 (Pa. 2003).
• Peek v. Department of Aging, 873 A.2d (Pa. Commw. 2005).
• Silo v. Commonwealth, 886 A.2d 1193 (Pa. Commw. 2005).
• Commonwealth v. TAP Pharmaceutical Products, Inc., 885 A.2d 1127 (Pa. Commw. 2005).
• Christian Street Pharmacy v. Department of Aging—unreported Commonwealth Court Opinion—May 30, 2007.
• Christian Street Pharmacy v. Pa. Department of Aging, 946 A.2d 798 (Pa. Commonwealth Court, April 10, 2008).
• Commonwealth v. TAP Pharmaceutical Products, et al., 212 MD 2004
• Commonwealth v. Janssen Pharmaceutical Inc. Philadelphia Court of Common Pleas, Case #002181
• Commonwealth v. Ortho-McNeil-Janssen Pharmaceuticals, Inc.-Commonwealth Court 802-CD-2011-Appeal Argued-pending.
INTERNAL GUIDELINES:
PHARMACEUTICAL PROGRAM (PACE)
Contact: PACE Compliance Division (717) 787-7313PACE PROVIDER BULLETINS: 2012
• January 12, 2012—Medicare Part D Plans with Premium Agreements: The following Part D Plans have premium agreements with the PACE Program.
• March 6, 2012—March 31, 2012 POSTPONEMENT: Claims submitted for PACE, CRDP, SPBP and all ancillary programs administered by the Department of Aging must continue to be submitted in NCPDP v. 5.1 after the March 31, 2012 CMS deadline.
• March 16, 2012—April 21, Implementation: On Saturday, April 21, 2012, PACE will begin accepting NCPDP vD.Ø on its new processing platform. Claims submitted for PACE, CRDP, SPBP and all ancillary programs administered by the Department of Aging are to continue to be submitted in NCPDP v5.1 until that date. Claims submitted in D.Ø before April 21, 2012 will deny.
• March 30, 2012—Part D Plan BINS: Most PACE/PACENET cardholders have a primary Part D plan. Each year, cardholders have the opportunity to change plans resulting in plan membership updates
• April 10, 2012—April 21, 2012 IMPLEMENTATION REMINDER: As stated in an earlier bulletin, on Saturday April 21, 2012, PACE will begin accepting claims in NCPDP vD.Ø for PACE, CRDP, SPBP and all ancillary programs. Claims submitted in version D.Ø before April 21, 2012 will deny.
• April 16, 2012—PACE Portal: On Saturday, April 21, 2012, the Pennsylvania Department of Aging is introducing a new website: papaceportal.magellanhealth.com.The Pennsylvania PACE portal is designed to assist cardholders, pharmacies, and physicians by providing information about PACE and other pharmacy programs it administers, as well as providing links to Pennsylvania governmental websites.
• May 4, 2012—NCPDP v5.1 Claims: Effective Monday May 7, 2012, claims submitted in NCPDP version 5.1 will deny with NCPDP Error ''Ø2: Missing / Invalid Version Number'' for the following programs . . .:
• May 14, 2012—Prescriber NPI Edit: PACE D.Ø specifications require the prescriber's NPI (Prescriber ID field 411-DB) for all claims unless the cardholder's primary plan requires the prescriber's DEA.
• June 1, 2012—Part D 4Rx Identifier Edit: CMS has mandated that by July 1, 2012, all Aprt D sponsors require pharmacies to use current 4Rx data for Medicare Part D drug claim submissions.
PACE PROVIDER BULLETINS: 2011
• January 4, 2011—Medicare Part D Partner Plan Assignments: PACE, CRDP and SPBP Programs solicit qualified Prescription Drug Plans who are interested in partnering with the Program to provide a coordinated benefit.
• January 6, 2011—Medicare Part D Additional Cardholders: Enclosed is an additional list of Medicare Part D cardholders.
• January 14, 2011—Part D Partner Plan Update: Wellcare PCN.
• January 21, 2011—Other Payer BIN: When submitting a claim to PACE/CRDP/SPBP as the secondary payer, be sure the BIN entered in the primary claim is the same as the BIN entered in the COB segment.
• January 28, 2011—Part D Primary Plan Edit: Effective Tuesday, February 1, 2011, claims billed to the cardholder's incorrect primary plan will deny with NCPDP Reject Code 7C—Missing/Invalid Other Payer ID.
• April, 2011—Non-Participating Manufacturer: Effective April 1, 2011, Fresenius Medical Care, labeler code 49230, has terminated its manufacturer's rebate agreement with the Commonwealth.
• May 16, 2011—Same Cycle Voids: The PACE processing system will be implementing a change effective October 1, 2011, affecting claims paid and voided with the same processing cycle.
• May 16, 2011—Chain Provider Voids: The PACE Processing system will be implementing a change effective October 1, 2011, that may impact chain providers.
PACE PROVIDER BULLETINS: 2010
• January, 2010—2010 Medicare Part D Partner Plans: PACE is conducting its annual assignment of cardholders into Part D partner plans.
• February 1, 2010—New PACE Cardholder ID Number: Beginning March 4, 2010, PACE will be mailing new PACE Cards to all current PACE/PACENET members.
• February 2, 2010—NEW PACE/PACENET CARD: All Cardholders will receive a new PACE/PACENET card and ID number. Effective Tuesday, May 4, 2010, only the new PACE/PACENET ID will be accepted. The old number will reject with the NCPDP error 07 M/I Cardholder ID number.
• February 19, 2010 New Edits: Effective February 23, 2010, PACE will implement the following edits: . . .
• March 1, 2010 New PACE/PACENET Card Implementation Revision: The PACE/PACENET card implementation has been delayed until April.
• March 10, 2010—CMS Termination of Fox Insurance: Effective March 9, 2010, CMS terminated Fox Insurance as a Medicare Part D plan.
• March 29, 2010—PPI EDIT: Effective Tuesday March 30, PACE will implement a PPI edit for cardholders enrolled in either MemberHealth Community CCRX or Ovations AARP Rx Saver plans.
• April 9, 2010—Osteopathic Assistants (OA's): The State Board of Osteopathic Medicine has amended its regulations whereby the supervising physician may delegate to the physician assistant (Osteopathic Assistant) the prescribing, dispensing, and administering of drugs and therapeutic devices.
• April 23, 2010—Osteopathic Assistants (OA's): As stated in the previous bulletin, the State Board of Osteopathic Medicine amended its regulations whereby the supervising physician may delegate to the physician assistant (Osteopathic Assistant) the prescribing, dispensing and administering of drugs and therapeutic devices.
• June 7, 2010—NEW PACE/PACENET CARD EDIT: The new PACE/PACENET card mailing has been completed. Distribution of pharmacy cardholder lists was completed in early April.
• June 11, 2010—New PACE/PACENET Card NCPDP Error 07.
• June 21, 2010—340B Pricing: Providers are advised that pharmaceuticals billed to the Commonwealth that are eligible for 340B pricing are being reviewed.
• June 24, 2010—Workers' Compensation Security Fund, Catastrophic Loss Benefits Continuation Fund Programs: All PACE Providers have been mailed packets of information inviting their participation as a pharmacy provider in the above mentioned Programs.
• August 23, 2010—Remittance Advice Name Change: In September the sender ID value and the electronic R/A file name will be changing.
• September 14, 2010—Prescription Imaging: The Department has reviewed the practice of scanning (imaging) a prescriber's original written order into pharmacy computer systems.
• October 1, 2010—Non-Participating Manufacturers: Effective immediately, the manufacturers and labeler codes listed below are not reimbursed by PACE.
• October, 2010—Prescription Records: The ''Prescription Imaging'' Bulletin dated September 14, 2010 addressed prescriptions received by the pharmacy as an ''Original handwritten order.''
• November 23, 2010—Propoxyphene (Darvon®, Darvo- cet®): Xanodyne Pharmaceuticals is withdrawing propoxyphene.
• December 14, 2010—Prospective Drug Utilization Review (ProDUR) Criteria Additions: Effective December 14, 2010 the following maximum daily dose, duration, age and step therapy criteria have been added to the Department of Aging's Prospective Drug Utilization Review Program in the following drug classes.
• December 17, 2010—340B Pricing Retraction: Effective immediately the Department of Aging is withdrawing the June 21, 2010 Bulleting mandating that providers submitting claims using pharmaceuticals purchased through the 240B Drug Discount Program bill the Program a Usual and Customary price that reflected the 240B discounted price.
• December 28, 2010—Medicare Part D Partner Plans: PACE is sending lists of PACE cardholders and their Part D partner information to the cardholder's pharmacy to enable cardholder primary payer information to be updated as quickly as possible.
PACE PROVIDER BULLETINS: 2009
• September 23, 2009—Valid Claim Data: The May 2009, Provider Bulletins (included with this transmission) reminded providers that the responsibility for the validity of their claim data lies with them.
• July 1, 2009—MemberHealth CCRX and First Health Premier Claim Submissions: Enclosed is a list of cardholders that frequent your pharmacy and are enrolled in either MemberHealth CCRX or First Heath Premier Part D Plans. This list contains the correct BIN, PCN, Member ID and Group for each member and is a duplicate of the list sent in early January.
• July 1, 2009—PACE Claim Submissions: The Pennsylvania Pharmaceutical Assistance Contract for the Elderly Program (PACE) has received bulletins forwarded by Pennsylvania pharmacy providers.
• May 29, 2009—Future Provider Notifications: As announced, this week's Remittance Advice is the last paper R/A for PACE, SPBP, CRDP, PAP and SWIF. To inform providers of Program changes or initiatives in the future, Provider Bulletins will continue to be e-mailed to pharmacy associations, chain corporate offices as well as being available on the Department of Aging's website at www.aging.state.pa.us.
• May 29, 2009—Prospective Drug Utilization Review (ProDUR): Criteria Additions: The following list contains recommended initial maximum dose, maximum daily dose and duration criteria which have been added to the Department of Aging's Prospective Drug Utilization Review program in the following drug classes:
• May 29, 2009—Validity of Claim's Information: Providers are responsible for the validity of their claims' data. The PACE Provider Agreement states.
• May 15, 2009—Claim Reversal Specification Revision: PACE receives approximately 20,000 voids weekly. To insure that the PART D TrOOP (True Out Of Pocket) expenses, is calculated correctly, effective Tuesday, June 16, 2009, ALL voids / reversals for ALL Programs must include the cardholder's Program specific identification number.
• May 15, 2009—Payer Specification Sheet: COMPLIANCE: PACE Providers are responsible for the validity of their claims submissions data. PACE is receiving TrOOP (True Out Of Pocket) expense data indicating that the Patient Paid Amount field (Field 433-DX) reported to PACE is not matching the data returned by the primary payer. This discrepancy is appearing both when the primary payer is making payment as well as during the deductible and the ''donut hole.''
• May 1, 2009—Effective June 1, 2009, PACE IS GOING GREEN! The last paper Remittance Advice for PACE, CRDP, SPBP and all other Programs under the auspices of the Department of Aging will be printed May 29, 2009.
• April 11, 2008—Effective immediately, PAP will begin enrolling eligible patients into a new program.
• April 3, 2009—Other Coverage Code ''6'' EDIT: Effective Monday April 6, 2009, Providers submitting claims with the Other Coverage Code of ''6'' will have the claim(s) denied when identified as a participating pharmacy by certain plans.
• March 27, 2009—Disallowed Claims: As stated in the March 6, 2009 Provider Bulletin, PACE is currently developing an edit to ensure that the Other Coverage Code (OCC) 6 ''Other Coverage Denied-Not a Participating Provider'' is being used correctly.
• March 27, 2009—Pennsylvania Rx Price Finder Website: Last July, it was announced that the Commonwealth was creating a website that would permit the public to access pharmacy usual and customary pricing information.
PACE PROVIDER BULLETINS: 2008
• December 31, 2008—edicare Part D Plans: Effective January 1, 2009, approximately 138,000 PACE/PACENET cardholders will be enrolled.
• December 26, 2008—OTHER COVERAGE CODE EDITS: The Program has found that the submission of inaccurate data accompanying certain Other Coverage Code (OCC) values is compromising the integrity of PACE data.
• November 21, 2008—PA RX PRICEFINDER: On July 22nd, the Commonwealth unveiled a website to permit the public to access usual and customary billing information. This website, www.parxpricefinder.com, enables consumers to shop around and get the best price for their medications.
• November 12, 2008—PACE and EASY PRINT: A Guide to using Medicare Remit Easy Print (MREP) with PACE.
• October 31, 2008—Program Updates: For AVANDIA and ACTOS, Effective January 1, 2009, all new prescriptions.
• October 31, 2008—Program Training Information: Provider Services is currently developing a downloadable power point training presentation module that will be available to any pharmacy provider.
• October 3, 2008—PACE & E—PRESCRIBING: The number of prescribers and pharmacies utilizing e-prescribing continues to increase throughout Pennsylvania. To facilitate e-prescribing for cardholders, PACE will make eligibility data available for e-prescribing physicians beginning in November.
• March 5, 2008—2008 Part D Partner Plan List Update. To ensure that the correct Part D plan is being billed as the primary, PACE/PACENET is providing this revised cumulative list (enclosed) of all cardholders currently enrolled in the selected Medicare Part D plans who frequent your pharmacy.
• March 28, 2008—Primary Payer Edits: Effective Monday, March 31, 2008, PACE/PACENET is implementing edits to insure providers bill the correct PACE Medicare Part D partner plan as the primary payer.
• April 11, 2008—PAPAP (Pennsylvania Patient Assistance Program) Effective immediately, PAP will begin enrolling eligible patients into a new program.
• April 25, 2008—Important Information About Prescriber NPI: On May 23, 2008, many primary prescription plans will accept only the prescriber's NPI in Field 411-DB. PACE/PACENET, CRDP, SPBP and other programs administered by the Department of Aging will accept either the prescriber's NPI or his/her Pennsylvania state license number. To avoid a denied claim, the correct Prescriber ID Qualifier must be entered in field 466-EZ. The Pennsylvania state license number qualifier is ''13''; the NPI qualifier is ''1''.
• May 2, 2008—PACENET Premium for Additional IBC Plans to be collected at Point of Sale: Effective for claims with a date of service of May 1, 2008, 6,800 PACENET cardholders enrolled in the following IBC Part D plans will have the Individual Plan's Premium, up to the monthly premium benchmark of $26.59, collected at the point of sale.
• May 2, 2008—Will Call Bin Spot—Check: The Department is conducting unannounced spot-checks of pharmacies' ''Will Call Bins'' to insure that claims paid for by the Commonwealth of Pennsylvania have been received by the cardholder.
• May 16, 2008—Prescriber NPI: Effective Friday, May 23, 2008 PACE/PACENET, CRDP, SPBP and other programs administered by the Department of Aging will accept either the prescriber's NPI or Pennsylvania state license number in the PRESCRIBER ID Field, number 411-DB.
• June 6, 2008—Remittance Advice Enhancement: PACE, SPBP, CRDP and all programs under the auspices of the Department of Aging are transitioning to all electronic remittance advices. When complete, this will eliminate the current paper R/A's.
Current Aging Program Directives
• Provided below is a comprehensive list of current Aging Program Directives. Directives which do not appear on the list are no longer in effect. Current directives are as follows:
Program Area 01—Area Agency on Aging (AAA) Administration
—88-01-07 Personnel Action Plan for Private Non-Profit Area Agencies on Aging
—91-01-01 Certification and Disclosure Regarding Lobbying
—91-01-05 Area Agency on Aging Involvement in Corporate Eldercare Activities
—92-01-01 Single Audit Act Requirements
—92-01-06 Minimum Standards for Governing Boards of Private Non-Profit Area Agencies on Aging
—93-01-04 Providing AAA Funded Services to Domiciliary Care and Personal Care Home Residents
—94-01-04 Department of Aging Heat Emergency Plan
—95-01-09 Assessments of Persons With An ''Other Related Condition'' Who Are Exceptional Admissions
—97-01-02 Accounting Manual for Area Agency on Aging Programs Updates to Accounting Manual 7/21/2005
—00-01-04 Aging Waiver Paid Claims Reconciliation
Sections of the Home and Community-Based Service manual are currently being revised. The Department of Aging/Office of Long-Term Living (OLTL) has been working closely with the Centers for Medicare & Medicaid Services (CMS) on several waiver amendments and renewals. The two waiver renewals most recently approved by CMS—Attendant Care and Aging—are accompanied by detailed work plans and contain significant changes that require policy clarifications. Until revisions are completed, please refer to the Waiver applications for policy guidance regarding all Aging/OLTL waivers. The applications may be found at the following link: http://www. portal.state.pa.us/portal/server.pt?open=514&objID= 733116&mode=2
OPTIONS Cost Sharing Scale 2012
—Functional Needs Measurement Tool Financial Resources Chart 2012
—Family Caregiver Support Program Reimbursement Benefits Chart 2012
—Family Caregiver Support Program Cost Sharing Guide
—Family Caregiver Support Program Comparison Chart
—03-01-07 HIPPA Standards for Privacy of Individually Identifiable Health Information and How the Requirements Impact the Pennsylvania Aging Network
—05-01-05 FY 2005-06 Data Submission Requirements Annual Submission Requirements http://www.portal.state.pa.us/portal/server.pt?open=18&objID=701698&mode=2Memo to APD# 05-01-05 http://www.portal.state.pa.us/portal/server.pt?open=18&objID=701701&mode=2
—05-01-10 Indirect Cost Policy for Department of Aging Contracts
—05-01-11 Area Agency on Aging Program Income Policies
—06-01-05 Program Requirements final planning allocations for the tobacco/bridge agreement for FY 2005-06
—06-01-08 Guidelines and approval process for authorization of environmental modification and adaptations in the Aging Waiver program
—06-01-14 AAA Cost Settlement Process
—07-01-03 FY 06-07 Aging Block Grant Amendment: Final Funding Allocations Amendment to FY 06-07 Block Grant Allocations - memo
—07-01-04 Electronic Transfer of Client specific Information
—07-01-05 AAA Program Requirements, Planning Allocation and Aging Services Block Grant Format for SFY 2007-2008
—07-01-06 Increase in Current Service Plan Cost Cap for Options
—07-01-07 FY 2008-2012 Four-Year Plan Requirements
—07-01-08 FY 2007-2008 Financial Reporting Requirements
—07-01-09 AAA Program requirements, planning allocations, and reporting requirements for the Aging program agreement for FY 2007-2008 Aging Program Directive APD 07-01-09 Supplement
—08-01-01 Temporary Moratorium on Reimbursement Rates for Services
—08-01-02 http://www.portal.state.pa.us/portal/server.pt?open=18&objID=701724&mode=2Area Agency on Aging (AAA) Program Requirements, Planning Allocations and Aging Services Block Grant Format for FY 2008-2009
—08-01-02 2008-2009 Aging Block Grant Supplement #2: Final Funding Allocations Supp #2
—08-01-03 Area Agency on Aging (AAA) Program Requirements, Planning, Allocations and Reporting Requirements for the Aging Waiver Program For Fiscal Year 2008-2009 Aging Program Directivehttp://www.portal.state.pa.us/portal/server.pt?open=18&objID=701723&mode=2
—08-01-04 Fiscal Year (FY) 2008-2009 Financial Reporting Requirements (FRR)
—08-01-05 Fiscal Year 2008-2009 Annual Program Reporting Requirements
—08-01-08 FY 2008-2009 Annual Program Reporting Requirements (Memo)
—09-01-01 Incident Reporting APD
Incident Reporting Q&A
Incident Report Form—09-01-02 Nursing Facility Clinically Eligible Clarification
—09-01-03 Aging Contract Procurement Requirements for Area Agencies on Aging
—09-01-05 Telecare Service Definitions and Standards http://www.aging.state.pa.us/aging/lib/aging/APD-09-01-05 TELECARE 100109 final.pdf
—09-01-06 Area Agency on Aging (AAA) Program Requirements, Planning Allocations and Aging Services Block Grant Format for SFY 2009-10
—09-01-06 2009-2010 Aging Block Grant Supplement #2: Final Funding Allocations Supp #2
—10-01-01 Nursing Home Transition Payment
—10-01-02 Family Caregiver Support Program
—10-01-03 Area Agency on Aging (AAA) Program Requirements, Planning Allocations and Reporting Requirements for the Aging Waiver Program Agreement for FY 2009-10 Aging Program Directive
—10-01-04 Area Agency on Aging (AAA) Program Requirements, Planning Allocations and Aging Services Block Grant Format for FY 2010-11
—11-01-01 Area Agency on Aging (AAA) Program Requirements, Planning Allocations and Reporting Requirements for the Aging Waiver Program Agreement for FY 2010-11 Aging Program Directive
—12-01-01 2011-2016 Area Plan
—12-01-02 2011-2012 Cooperative Agreement Supplement
—12-01-03 2011-2012 Title XIX Agreement Supplement
Program Area 02—Home Delivered Meals
—See APD #06-03-01
Program Area 03—Congregate Meals
—06-03-01 Policies and Standards for the Department of Aging Funded Nutrition Service Programs
Attachment V., Breakfast Meal Template, Five-Day Excel Version
Attachment V., Breakfast Meal Template, Seven-Day Excel Version
Attachment VI., Lunch/Dinner Meal Template, Five-Day Excel Version
Attachment VI., Lunch/Dinner Meal Template, Seven-Day Excel Version—09-03-01 Leftover Food and Off-Site Consumption of Food/Private Pay Meals http://www.aging.state.pa.us/aging/lib/aging/APD/09-03-01 Nutrition.pdf
Program Area 04—Socialization/Recreation/Educa- tion/Health Promotion
—96-04-01 Senior Community Center and Satellite Center Policies and Standards Revised Language for Aging Program Directive 96-04-01, Senior Community Center and Satellite Center Policies and Standards
—98-04-01 PrimeTime Health Program
Program Area 05—Employment Services
—07-05-01 Senior Community Services Employment Program: Eligibility Determination
—07-05-02 Fiscal Year 2007-2008 Title V Allocation, Slot Level, Fiscal Program and Reporting Requirements
—07-05-05 FY 08-09 Title V Allocation, Slot Level, Fiscal Program and Reporting Requirements
—08-05-01 Senior Community Service Employment Program (SCSEP)http://www.portal.state.pa.us/portal/server.pt?open=18&objID=701750&mode=2 - Final Fiscal Year
—08-05-02 FY 2008-2009 Amended Senior Community Service Employment Program (SCSEP) Allocations and Slot Levels
—08-05-03 FY 2008-2009 Amended Senior Community Service Employment Program (SCSEP) Allocations and Slot Levels- Supplements APD# 08-05-02
—09-05-01 Senior Community Service Employment Program (SCSEP: Final FY 2008-2009 Funding Allocations)
—09-05-02 American Recovery and Reinvestment Act of 2009 SCSEP Funding Allocations
—09-05-03 Fiscal Year (FY) 2009-10 Title V Allocation, Slot Level, Fiscal, Program and Reporting Requirements
Senior Community Service Employment Program State Plan
FY 2006-2007 Direct Care Worker Report
FY 2007-2008 Direct Care Worker Report
FY 2008-2009 Direct Care Worker Report
FY 2009-2010 Direct Care Worker Report—10-05-01 Senior Community Service Employment Program (SCSEP): Final FY 2009-2010 Funding Allocations
—10-05-02 Fiscal Year (FY) 2010-11 Title V Allocation, Slot Level, Fiscal, Program and Reporting Requirements
—10-05-03 Senior Community Service Employment Program (SCSEP) Individual Durational Limit Policy
—11-05-02 Fiscal Year (FY) 2011-12 Title V Allocation, Slot Level, Fiscal, Program and Reporting Requirements
—11-05-03 Senior Community Service Employment Program (SCSEP) Revised Durational Limit Policy
—11-05-04 SCSEP Policies Governing Federal Holidays, Necessary Sick Leave, Leave of Absences, Terminations and Grievances
Program Area 06—Volunteer Services
—85-06-01 Volunteer Services
Program Area 07—Passenger Transportation Services
—85-07-01 Policies for Transportation Services
—04-07-01 Payer of Last Resort Policy (additionally see ATAB 08-07-01)
—08-07-01 ATAB: Aging Waiver vs. DPW MATP
Program Area 09—Legal Assistance
—85-09-01 AAA Program of Legal Services to the Elderly
Program Area 10—Ombudsman
—98-10-01 Long Term Care Ombudsman Program
—02-10-01 Implementation of Ombuds Manager
Program Area 11—Information and Referral
—85-11-01 Policies and Procedures for the Provision of Information & Referral Services by AAAs
Program Area 12—Home Health
—Attendant Care Program Rate Change
Program Area 13—Personal Care
Program Area 14—Personal Assistance Services
Program Area 18—Medical Equipment, Supplies and Adaptive Devices
Program Area 19—Home Support
Program Area 20—Adult Day Care
Program Area 22—Assessments
Program Area 23—Care Management
Program Area 24—Protective Services Intake/Investigation
—See APD #05-01-01
—89-12-02 Required Standard Forms for Protective Services
—93-12-01 Protective Services Investigations
—93-12-02 Protective Services Investigations
—93-24-02 Protective Service Investigations
—97-24-01 Protective Service Report of Need and Investigation Summary and Assessment Form
—00-24-01 Perpetrator Designation and Notification in Protective Services Cases
—08-24-01 Passwords for Protective Services Files
—10-24-01 Protective Service Reports of Abuse, Neglect, Exploitation and Abandonment for Individuals Under Age 60
Program Area 25—Domiciliary Care
—85-25-02 Statewide Expansion of the Domiciliary Care Program
—93-25-01 Keys Amendment Implementation as it Relates to the Domiciliary Care Program
—03-25-01 Revised Domiciliary Care Agreement Forms
Attachment 1 Agency/Provider Agreement Form
Attachment 2 Consumer/Provider Agreement Form—07-25-01 2007 Domiciliary Care Supplemental Security Income State Supplement Increase and Consumer Payment Increase to Providers
—09-25-01 2010 Domiciliary Care Payment to Provider
—10-25-01 2011 Domiciliary Care Payment to Provider
—11-25-01 2012 Domiciliary Care Payment to Provider
Program Area 29—Other
—85-29-01 Changes in Planning and Service Area (PSA) Boundaries
—85-29-02 Generic Policies and Procedures for the Request and Consideration of Waivers of Aging Policies
—92-29-07 Advance Notice to Health Care Facilities Prior to Termination of Utility Service
—96-29-01 Statement of Aging Intent Regarding the Allocation of Funds to New AAAs
—97-29-01 Retention of Area Agency on Aging Records
—97-29-02 Emergency Operations Plan for the Department of Aging
—00-29-01 Department of Aging Energy Emergency Response Plan
—06-29-01 Memorandum of Understanding (MOU) Between Pennsylvania Department of Aging, Office of Community Services & Advocacy (OCSA) and Pennsylvania Department of Public Welfare, Office of Mental Health and Substance Abuse Services (OMHSAS)
—06-29-03 Minimum Performance Standards for the APPRISE Telecenters
AGRICULTURE
POLICY STATEMENTS:
Bureau of Administrative Services
• Right-to-Know Procedures—Public Access to Information Contact: Susan West (717) 787-5674
Bureau of Animal Health and Diagnostic Services
• Scrapie Containment and Eradication Strategy
Contact: Dr. Craig Shultz (717) 772-2852Bureau of Food Distribution
• Allowable Uses of State Food Purchase Program Capital Asset Program (CAP) Monies
Contact: Sandy Hopple (717) 772-2693Bureau of Market Development
• Instructions for Completion of Application for Fairs Capital Improvement Matching Funds Grant
Contact: Frank Jurbala (717) 346-4202• Guidelines: Agricultural and Rural Youth Grant Program Direct and Matching Grants
Contact: Frank Jurbala (717) 346-4202Pennsylvania State Harness Racing Commission
• Licensing Procedures and Standards for Applicants Contact: Daniel Tufano (717) 787-1942
Pennsylvania Horse Racing Commission
• Licensing Procedures and Standards for Applicants Contact: Daniel Tufano (717) 787-1942
Pennsylvania State Conservation Commission
• Pennsylvania's Nutrient Management Act Technical Manual
Contact: Karl Brown (717) 787-8821• Nutrient Management Program Administrative Manual Contact: Karl Brown (717) 787-8821
GUIDANCE MANUALS:
Bureau of Animal Health and Diagnostic Services
• Pennsylvania Animal Diagnostic Laboratory System User Guide
Contact: Dr. Helen Acland (717) 787-8808Bureau of Food Distribution
• Farmers Market Nutrition Program—Farmer/Vendor Procedure Manual
• Woman, Infants, and Children (''WIC'') Clinic Procedure Manual
• Self Declaration of Need: Income Poverty Guidelines for TEFAP
Contact: Sandy Hopple (717) 772-2693Bureau of Food Safety and Laboratory Services
• rBST Labeling Information
• Application to Install or Remodel a Milking System
• Supplement to a Farm Refrigerated Bulk Milk Storage Tank and/or a Precooler Installation Application
Contact: Lydia Johnson (717) 787-4315• Ice Manufacturing Plants Consumer Confidence Program Guidelines
• Reduced Oxygen Packaging (ROP) Policy and Procedures for Meat, Poultry, Fish, & Seafood
• Open Air Markets Requirements for Food Protection within a Retail Food Facility
• Guidance and Requirements for Home Food Processors
• Guidelines for the Preparation of Sushi Products
• Guidelines for the Sanitary Operation of Honey Extracting Facilities
• Guidelines for Deer Meats Donated to Food Banks by Hunters
• Guidance for Labeling of Foods at Retail
• Guidance Document: Permits Allowing the Sale of Raw Milk for Human Consumption
• Guidelines: Rabbit Slaughter Operations
• Ground Beef and Fresh Sausage Manufacturing and Labeling / Deli Labeling
• Emergency Recovery: Power Outage, Flood, Contaminated Water Supply
• A Guideline for the Safe Handling of Melons
• Checklist for Mobile Food Facilities in PA
• Checklist for Temporary Food Facilities Operating with Permanent Licenses in PA
• Checklist for Retail Food Facilities Operating with Temporary Licenses in PA
Contact: Sheri L. Morris (717) 787-4315Pennsylvania Harness Racing Commission
• Guidelines for Medications in Racehorses
Contact: Daniel Tufano (717) 787-1942Pennsylvania Horse Racing Commission
• Guidelines for Medications in Racehorses
Contact: Daniel Tufano (717) 787-1942Bureau of Plant Industry
• Instructions for Licensing under the Pennsylvania Commercial Feed Law
• Instructions for Licensing under the Pennsylvania Fertilizer Act
• Directions for Renewing Specialty Fertilizer Registration in Pennsylvania
• Instruction for Licensing under the Pennsylvania Agricultural Liming Materials Act
Contact: Erin Bubb (717) 772-5615• Instructions for Licensing under the Pennsylvania Seed Act
Contact: Johnny Zook (717) 787-4894• Directions for Registering Pesticides in Pennsylvania
• Experimental Pesticides Use Permits
• Grower Record Keeping Guidelines for Pesticides Applications made under an Emergency Exemption
• Instructions for Licensing under the Pennsylvania Soil and Plant Amendment Act
• Directions for Soil and Plant Amendment Registration in Pennsylvania
Contact: Erin Bubb (717) 772-5615• IPM for Pennsylvania Schools: A How-To Manual
Contact: Sara Pickel (717) 772-5227• Greenhouse IPM with Emphasis on Biocontrol
Contact: Cathy Thomas (717) 772-5204• Integrated Pest Management for Christmas Tree Production
Contact: Cathy Thomas (717) 772-5204Bureau of Ride and Measurement Standards
• Amusement Ride Operators' and Attendants' Manual
Contact: John K. Dillabaugh (717) 787-6772Pennsylvania State Conservation Commission
• Best Management Practices Manual for Pennsylvania Livestock and Poultry Operations
Contact: Karl Brown (717) 787-8821• Resource Enhancement and Protection Program (REAP)—Program Guidelines and Application Contact: Amy Smith (717) 787-8821
• Odor Management Guidance
• Pennsylvania Odor Management Program Technical Manual
• Odor Best Management (BMPs) for Facility Odor Management
Contact: Karl Dymond (570) 836-2181, ext. 3030• Guidelines for the Agricultural Conservation Technical Assistance Program
• Guidelines for the Agricultural Conservation Easement Conservation District Administrative Support Program
• Special Project Guidelines—''Building for Tomorrow'' Leadership Development Program
• Special Project Guidelines—Ombudsman Program
• Special Project Guidelines—Pennsylvania Envirothon Education Scholarship Program
Contact: Johan Berger (717) 772-4189INTERNAL GUIDELINES:
Bureau of Animal Health and Diagnostic Services
• Bureau of Animal Health and Diagnostic Service Policy and Field Personnel Guidance: Field Personnel
Involvement in Animal Cruelty Investigations
Contact: Tony Arnold (717) 783-9550Bureau of Farmland Preservation
• Checklist for Review of an Agricultural Conservation Easement Purchase Recommendation
• Checklist for Evaluation of a County Agricultural Conservation Easement Purchase Program
Contact: Douglas M. Wolfgang (717) 783-3167Bureau of Food Safety and Laboratory Services
• Summary of Enforcement Requirements for Violations of Bacterial Count, Somatic Cell Count and Antibiotic Residue Tests for Individual Milk Producer Samples
• Clarification of Enforcement Policy for a Producer Utilizing Two Bulk Milk Tanks
• Producer Record Transfer Program Contact: James C. Dell (717) 787-4315
• Tolerances for Egg Quality, below which a Warning Letter shall be issued to a store
• Tolerances for Egg Quality, below which Seizure of Eggs will be made at a store
• Tolerances for Egg Quality, below which Prosecution will be initiated against a store
• Tolerances for Egg Quality, below which Seizure of Eggs will be made at a plant
Contact: Kim F. Miller (717) 787-3294• Implementation Guidance for the Consumer Advisory Provision of the PA Food Code
• Potentially Hazardous Food Determination
• Inspection Requirement Guidelines for Farmers Markets and Stands
• Expired Food Products at Retail Sale
Contact: Lydia Johnson (717) 787-4315Bureau of Market Development
• Agricultural Fair Program State Premium Guideline Book
Contact: Frank Jurbala (717) 787-6041• Healthy Farms and Healthy Schools Program—Program Objectives
Contact: Frank Jurbala (717) 787-6041• PATH to Organic Program
Contact: Frank Jurbala (717) 783-8462Bureau of Plant Industry
• Plant Pest Act Enforcement Action Penalty Matrix Contact: Walt Blosser (717) 772-5205
• Fertilizer Enforcement Action Penalty Matrix Contact: Erin Bubb (717) 772-5216
• Soil and Plant Amendment Enforcement Action Penalty Matrix Contact: Erin Bubb (717) 772-5216
• Pesticide Enforcement Action Penalty Matrix Contact: Joseph Uram (717) 787-4843
• Seed Enforcement Action Penalty Matrix Contact: Charles Boettinger (717) 787-4894
OTHER:
Bureau of Food Safety and Laboratory Services
• Industry Responsibilities with respect to Broken Seals
Contact: James C. Dell (717) 787-4316• Hot and Cold Holding of Foods
• Guidelines for Maple Syrup Operations
Contact: Sheri L. Morris (717) 787-4315• A Retailer's Guide to Assuring Shelf Egg Safety & Quality
• Safe Handling of Eggs
• Safe Handling of Fresh Fruits & Vegetables
Contact: Kim F. Miller (717) 787-3294Bureau of Plant Industry
• Pennsylvania Pesticide Hypersensitivity Registration Information
Contact: Dave Scott (717) 772-5214
BANKING
Nonregulatory public documents of the Department of Banking are divided into three indexed categories listed below: Letters from Secretaries of Banking to Regulated Entities; Guidance Available Regarding Compliance with Depository Institution Statutes and Regulations; and, Guidance Available Regarding Compliance with Licensee Statutes and Regulations. The contact for all Department of Banking documents is the Office of Chief Counsel at (717) 787-1471.
SECRETARIES' LETTERS The following is a historical list of letters to regulated entities from respective Secretaries of Banking providing guidance regarding compliance with statutes and regulations applicable to Pennsylvania state-chartered banking institutions, savings associations, credit unions, and nondepository institutions licensed to make mortgage and other types of loans in Pennsylvania.
2012 7/2/12 Joint Secretary's Letter with Federal Reserve Banks of Cleveland and Philadelphia announces Federal Reserve's Emergency Communications System and encourages all Pennsylvania state-chartered institutions to participate. 2011 12/22/11 Secretary's Letter announces new Office of Client Financial Services. 10/6/11 Secretary's Letter addresses final HUD SAFE Act Regulation and indicates Department will begin interpreting the Mortgage Licensing Act consistent with the HUD Final Regulation. 9/15/11 2012 Bank Holidays 9/12/11 Secretary's Letter requests all regulated entities to work constructively with local governments, individuals and businesses which are experiencing financial difficulties due to Hurricane Irene and Tropical Storm Lee. 7/21/11 Joint Secretary's Letter with Pennsylvania Housing Finance Agency addresses termination of the Homeowner's Emergency Mortgage Assistance Program. 1/27/11 Deputy Secretary's Letter addresses issues regarding and provides guidance on the Small Business Lending Fund, established by the U.S. Department of the Treasury. 2010 10/6/10 Deputy Secretary's Letter states that credit unions are preapproved to offer short-term, small amount loans (''STS Loans'') in parity with the ability of federally chartered credit unions as authorized by the National Credit Union Administration (''NCUA'') pursuant to Section 501(e)(1) and (f) of the Credit Union Code. 08/25/10 2011 Bank Holidays 2009 09/18/09 2010 Bank Holidays 08/05/09 The letter provides information regarding Act 31 of 2009, House Bill 1654 (P.N. 2448), which amends Pennsylvania's existing mortgage industry licensing law, 7 Pa.C.S. Chapter 61, in order to implement the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (the ''SAFE Act''), 12 U.S.C. § 5101 et seq. 05/29/09 Secretary's Letter asking banking institutions to show flexibility and understanding toward state employees whose incomes may be temporarily disrupted as the result of a potential budget impasse. 04/24/09 Secretary's Letter to discussing the depository institutions confidentiality provisions of the Department of Banking Code related to examination reports and enforcement proceedings. 01/08/09 Secretary's Letter regarding debt management services and debt settlement services in Pennsylvania under the Debt Management Services Act, effective February 6, 2009. 2008 10/31/08 Secretary's Letter addresses questions regarding the ability of state-chartered banks, bank and trust companies and stock savings banks to participate in the United States Treasury's Capital Purchase Program in light of certain requirements contained in the Banking Code of 1965. 10/27/08 Secretary's Letter regarding recently announced programs by the U.S. Treasury and FDIC to enhance the strength of financial institutions, foster market liquidity and promote market stability. 09/09/08 2009 Bank Holidays 07/11/08 Secretary's Letter provides detailed explanation of three bills signed into law by Governor Edward G. Rendell on July 8, 2008: Act 56 of 2008, House Bill 2179 (P.N. 4020), the new consolidated mortgage licensing bill (the ''Mortgage Act''), Act 57 of 2008, Senate Bill 483 (P.N. 2163), which amends the Loan Interest and Protection Law (the ''LIPL''), and Act 58 of 2008, Senate Bill 484 (P.N. 2251), which amends the Department of Banking Code (the ''DOB Code''). 04/23/08 Secretary's Letter discusses the MOU between NY, NJ and PA Department of Banking regarding regional interstate branching. 02/28/08 Secretary's Letter regarding General Assembly considering legislation to create a new licensing category for individual mortgage originators in the Commonwealth. 2007 12/10/07 Secretary's Letter asking financial institutions to work to meet the credit needs of Pennsylvania heating oil dealers during the 2007-2008 winter season. 10/10/07 2008 Bank Holidays 09/14/07 Deputy Secretary's Letter addresses acceptable means by which the required annual audit of trust activities of trust companies, bank and trust companies, and savings banks and savings associations that exercise trust powers may be accomplished, as required by Section 1407 of the Banking Code. 04/13/07 Letter provides guidance on nontraditional mortgage product risks. 02/01/07 The Pennsylvania Department of Banking joins with the Federal Deposit Insurance Corporation in urging you to consider ways that your institution might choose to participate in the IRS' Volunteer Income Tax Assistance (VITA) program. 01/12/07 The Secretary's Letter announces the December 16, 2006 publication in the Pennsylvania Bulletin of a Statement of Policy which defines dishonest, fraudulent, illegal, unfair, unethical, negligent and incompetent conduct under Sections 313(a)(5) and (14) of the MBBCEPA. 01/10/07 Letter announces that Pennsylvania state banking institutions and Pennsylvania national banks are hereby permitted to observe Monday, November 12, 2007, as an optional legal holiday in recognition of Veteran's Day. 2006 10/04/06 2007 Bank Holidays 06/28/06 Secretary's Memo to State-Chartered Banking and Trust Institutions, Savings Associations and Credit Unions; National Banks and Federal Thrifts regarding the Rise in Reports of Fraudulent Cashier's Checks. 06/01/06 Secretary's Memo to State-Chartered Banking and Trust Institutions, Savings Associations and Credit Unions regarding the Influenza Pandemic Preparedness. 2005 10/14/05 2006 Bank Holiday Schedule 04/13/05 Secretary's Letter states that overdraft protection programs are permissible for state-chartered depository institutions and provides guidelines for such programs. 2004 12/1/04 The Secretary's Letter request that State and National Banks, State and Federally Chartered Savings Banks and State and Federally Chartered Savings and Loan Associations consider the difficult winter period and the effect it will have on the cash flow of over 600 heating oil dealers operating in the Commonwealth. 09/30/04 Pennsylvania state-chartered trust companies, bank and trust companies, and savings banks and savings associations with trust powers may engage in fiduciary activities to the same extent as national banks without notice to the Department. 09/23/04 Secretary's Letter on behalf of Governor Edward G. Rendell, encourage leaders of financial institutions to act with reasonable forbearance toward local governments, individuals and businesses which are experiencing financial difficulties due to the recent floods. 08/03/04 The Secretary's Letter informs all lenders and brokers under the jurisdiction of the Department of the Department's concerns related to the use of improperly influenced appraisals. Letter also addresses ''builder exception'' under the Mortgage Bankers and Brokers and Consumer Equity Protection Act. 03/19/04 Secretary's Letter addresses terms and conditions of ''selective first payment due date'' options and ''deferred first payment'' options that may be offered to buyers as part of installment sale contracts under the MVSFA. 2003 9/30/03 The Secretary's Letter states that overdraft protection programs permissible for state-chartered depository institutions and provides guidelines for such programs. OCC Interpretive Letter #914 9/2/03 The Secretary's Letter informs all mortgage lenders and/or mortgage brokers of the restrictions regarding the use of lock-in agreements. 8/22/03 The Secretary's Letter reminds all motor vehicle lenders that PA law requires motor vehicle lienholders to mail or deliver the outstanding motor vehicle certificate of title to the vehicle owner immediately upon satisfaction of the respective lienholder's security interest in the vehicle. 8/11/03 The Secretary's Letter, informs all mortgage lenders and/or mortgage brokers of the requirement to provide the written cautionary notice disclosure to an applicant for a ''covered loan'' at least three business days prior to consummation of that type of mortgage loan transaction. 7/25/03 The Secretary's Letter discusses the terms and conditions of deferred payment programs that may be offered to buyers as part of installment sales contracts originated by licensees. 6/25/03 The Secretary's Letter is intended to clarify the Department's position regarding the terms and conditions of deferred payment programs that may be offered to buyers as part of installment sales contracts originated by licensees under the MVSFA. 6/11/03 The Secretary's Letter that requests licensees and registrants under the Check Casher Licensing Act to voluntarily adopt a policy of cashing all government-issued checks at the rate authorized for government assistance checks in Section 503(a)(1) of the Check Casher Licensing Act. 5/8/03 The Secretary's Letter states that the Act 207 of 2002 provides Pennsylvania state-chartered credit unions parity with federally-chartered credit unions in regard to activities, field of membership requests, and investing in credit union service organizations, subject to a notice requirement. 5/2/03 Secretary's Letter stating that check cashers licensed by the Department of Banking must comply with the statement of policy issued May of 1998 concerning the Check Casher Licensing Act. The statement of policy provides that check cashers should post a notice of exact fees and charges, which shall be within the maximum prescribed in the act. The notice should be in plain view and in a location readily apparent to the consumer transacting business at each check casher location. 5/2/03 Secretary's Letter stating that retail food stores registered with the Department of Banking must comply with the statement of policy issued May of 1998 concerning the Check Casher Licensing Act. The statement of policy provides that check cashers should post a notice of exact fees and charges, which shall be within the maximum prescribed in the act. The notice should be in plain view and in a location readily apparent to the consumer transacting business at each check casher location. 4/1/03 The Secretary's Letter discusses state-charted banks engaging in payday lending activities. 3/26/03 The Secretary's Letter discusses the Streamlined Call Report filing requirements. 2002 9/23/02 The Secretary's Letter discusses that the Act 55 of 2001 definition of ''Covered Loan'' changes effective October 1, 2002; and that ''Median Family Income'' statistical estimates necessary for lenders to calculate (a) repayment ability of potential obligor under Section 512(b), and (b) whether negative amortization terms may be imposed on a potential obligor under Section 511(c), are now stated in the convenient chart attached to the letter. 6/3/02 Secretary's Letter discusses the Pilot Program for Residential Real Estate and Small Business Loans. 3/15/02 Secretary's Letter announces that by virtue of publication in the March 2, 2002 Pennsylvania Bulletin (Vol. 32, No. 9), the Mortgage Bankers and Brokers and Consumer Equity Protection Act (''MBBCEPA'') Continuing Education Regulation (the ''Regulation'') is now in effect for all licensees under the MBBCEPA. Therefore, all licensees must be in compliance with the requirements contained in the Regulation by June 30, 2003, in order to renew a license. 2001 12/21/01 This letter is to set forth in writing the Pennsylvania Department of Banking (the ''Department'') position on issues related to the ability of a Pennsylvania state-chartered bank, bank and trust company, or savings bank (''PA Bank'') under Section 322 of the Banking Code of 1965 (''Section 322''). 7 P. S. § 322. 10/19/01 Secretary's Letter regarding President Bush's Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support Terrorism. 8/17/01 Letter to announce Act 55 of 2001, the Mortgage Bankers and Brokers and Consumer Equity Protection Act. A summary of Act 55 is attached to the Secretary's Letter. 1/4/01 Letter announces that Pennsylvania state banking institutions and Pennsylvania national banks are hereby permitted to observe Monday, November 12, 2001, as an optional legal holiday in recognition of Veteran's Day. 2000 11/29/00 Governor Ridge signed into law as Act 89 of 2000, the Bank Parity Bill, HB 2533 of 2000 (P.N. 4073). 3-30-00 Pennsylvania State-chartered banks, bank and trust companies and savings banks may establish and operate messenger service branches. 3-23-00 Loans to Directors and Section 1414 1-18-00 Department's General Position on Internet Banking 1999 8-23-99 Holidays for 2000 5-26-99 Letter interprets section 1414 of the Banking Code of 1965 as permitting Pennsylvania state-chartered banks, bank and trust companies, and savings banks to charge interest on loans to their executive officers to the same extent as permitted under Federal Reserve ''Regulation O.'' 5-12-99 Permissible Bank Holidays for 2000. 5-12-99 Letter states that state-chartered banking institutions and offices of national banks located in Pennsylvania may remain open for business on January 1, 2, and 3, 2000, in order to address customers' questions and concerns regarding Year 2000 computer transaction issues. 1-22-99 Record Keeping Guidelines under the Mortgage Bankers and Brokers Act. 1-22-99 Record Keeping Guidelines under the Consumer Discount Company Act. 1998 1-23-98 Year 2000 readiness and credit underwriting criteria for credit unions. 1-15-98 Year 2000 readiness and credit underwriting criteria. 1997 8-27-97 Holidays for 1998. 6-9-97 Letter addresses electronic submission of Call Reports. 4-24-97 Letter discusses computer problems in the year 2000. 1-31-97 Letter regarding federal regulatory agencies having adopted a revised Uniform Financial Institutions Rating System which has been known as CAMEL. 1996 11-25-96 Letter discusses the adjustment to the overhead assessment methodology for non-depository trust companies that it implemented in 1994. 4-16-96 Letter regarding authority of Pennsylvania state-chartered banking institutions to sell annuities issued by insurance companies. 1-26-96 Letter regarding heavy snowfall and floods having had a profound impact upon many communities in Pennsylvania and the financial hardships imposed upon your customers by this devastation. 1995 10-10-95 Letter to Presidents of Pennsylvania State-chartered Credit Unions forwarding Investment Powers, Standards and Accounting Guidelines for Pennsylvania state-chartered credit unions as required by Section 501(b)(7) of the Credit Union Code which was amended by House Bill 2563, effective February 12, 1995. 7-11-95 Letter regarding Act 39 of 1995, amends the provisions of Pennsylvania's Banking Code to authorize full interstate banking and branching under Pennsylvania law and to facilitate the operations of interstate banks in Pennsylvania. 3-24-95 Letter regarding the Simplification and Availability of Bank Credit Act. 1994 11-17-94 Letter to the Presidents and Chief Compliance Officers of Pennsylvania First Mortgage Companies regarding mortgage companies disbursing loan proceeds in a form prescribed by applicable law. 11-8-94 Letter to all Chief Executive Officers of Banks, Bank and Trust Companies, Savings Banks regarding Assets pledged for uninsured trust deposits. 10-13-94 Letter to the Presidents of Pennsylvania State-Chartered Credit Unions regarding automated teller machines at locations other than credit union's principal place of business. 10-5-94 Letter to all Chief Executive Officers of Banks, Bank and Trust Companies, Trust Companies, Savings Banks, Savings and Loan Associations regarding role change for outside auditors. 8-22-94 Letter to Chief Executive Officers of Pennsylvania Banking Institutions regarding bank holidays. 8-9-94 Letter to the Chief Executive Officers of Pennsylvania State-Chartered Banking Institutions, Savings Associations and Entities Licensed by the Department of Banking regarding enforcing the regulations of the Department of Banking Code, which provides for assessments of penalties and interest against financial institutions for failing to pay assessment and examination fees in a timely manner. 3-29-94 Letter to the Chief Executive Officers of Pennsylvania State-Chartered Non-Deposi- tory Trust Companies regarding the Department revising its examination/assessment billing method for non-depository trust companies. 1993 12-9-93 Letter to the Presidents and Chief Executive Officers of Pennsylvania State-Chartered Banking Institutions regarding a new schedule for costs associated with the examination and supervision of state-chartered banks. 1992 9-24-92 Letter to the Presidents and Chief Executive Officers of Pennsylvania State-Chartered Banking Institutions regarding evaluating the adequacy of capital and loan loss reserves separately. 1991 9-3-91 Letter to all Motor Vehicle Sales Finance Companies discussing the problems with late delivery of certificates of title by motor vehicle lenders upon satisfaction of the existing loan. Letter states that title must be released immediately upon satisfaction of a loan. 8-23-91 Letter to all CEOs of Pennsylvania Chartered Savings Associations and all Pennsylvania Department of Banking Examiners clarifying its 7-29-91 interpretation of section 510 of the Savings Association Code of 1967, 7 P. S. § 6020-70(a)(3) which states that the Department will not object to and will not cite in an examination report a savings association employer for offering and providing favorable terms and rates on loans to such association's employees. 7-29-91 Letter to all CEOs of Pennsylvania Chartered Savings Associations and all Pennsylvania Department of Banking Examiners interpreting section 510 of the Savings Association Code of 1967, 7 P. S. § 6020-70(a)(3). 5-2-91 Letter to all Pennsylvania State-Chartered Banks, Savings Associations, and Credit Unions, OCC, OTS, NCUA, FDIC, Federal Reserve Board and all State Financial Regulatory Agencies informing them that Settlers Trust Savings Bank has not been and is not currently chartered to be a Pennsylvania state-chartered or federally chartered bank, bank and trust company, savings bank, or savings association. 1990 12-3-90 Letter to the Executive Officer of the banking institution addressed: regarding the new minimum requirements for Annual Audits performed by Certified Public Accountants. 7-10-90 Letter to CEOs of Pennsylvania Financial Institutions informing them of an enforcement order against Mellon Bank, N.A. by the Pennsylvania Department of Insurance—re: Collateral Protection Insurance. Letter requests a summary of any existing collateral protection insurance programs to be used by the Department to assist the Department in drafting regulations to determine reasonable fees for licensees under the MVSFA. 7-10-90 Letter to CEOs of all Pennsylvania financial institutions informing them of the Department's opinion on the applicability of the ''Anti-takeover law'', Act 36 of 1990. 7-10-90 Letter to CEOs of all Pennsylvania Credit Unions informing them that credit unions must take immediate action in order to retain the power to indemnify their directors and volunteer officers. Also informing them that a special meeting of the board of directors should be called immediately to discuss adoption of a bylaw opting out of new provisions of the recently enacted ''Anti-takeover Law'', Act 36 of 1990. 6-11-90 Letter to CEOs and Boards of Directors of State-Chartered Credit Unions informing them that strict compliance with section 27 of the Credit Union Act, 15 Pa. C.S.A. § 12327, is required whenever a state-chartered credit union plans to merge or consolidate with any other credit union. In the future, failure to submit a merger application to the Department prior to the consummation of a merger will be viewed as a violation of law. 6-6-90 Letter to CEOs of state-chartered commercial banks and state-chartered credit unions informing them of the Department's opinion on the permissibility of the Federal Home Loan Bank of Pittsburgh (''FHLB/P'') offering membership to other depository institutions in PA. Specifically, the FHLB/P would like to extend offers of membership to state-chartered commercial banks and state-chartered credit unions in PA. 5-17-90 Letter to CEOs of all Pennsylvania banking institutions informing them that the Department has recently issued an opinion regarding the impermissible collateralization of interest rate swap agreements. 4-30-90 Letter to all state-chartered credit unions issuing a new fee schedule for overhead assessment. 3-5-90 Letter to CEOs of all federally-insured state-chartered banks and S & Ls discussing the Resolution Trust Corporation, who is soliciting potential bidders for failing S&Ls. Letter requests institutions who are considering bidding to notify this Department before the bidding process begins. 1-18-90 Letter discusses FIRREA and additional language added to Section 222, entitled ACTIVITIES OF SAVINGS ASSOCIATIONS, which adds a new section to the Federal Deposit Insurance Act, Section 28, which states that Disclosures by Uninsured Savings Associations which are not insured by the Corporation, shall disclose clearly and conspicuously that the savings association's deposits are not federally insured. 1989 11-1-89 Letter to CEOs of PA Banking Institutions discusses legal holidays for 1990. The Department has been advised by the Federal Reserve Banks of Philadelphia and Cleveland that it is their intention to observe Veterans' Day on Monday, November 12. The Department exercises its authority under Section 113(b)(x) that all state-chartered institutions have the option to observe Monday, November 12, 1990, as an optional holiday. 9-29-89 Letter lists legal bank holidays for 1990. 8-11-89 Letter to PA savings associations which are insured by the PSAIC regarding Financial Institutions Reform, Recovery and Enforcement Act and Section 222, entitled ''Activities of Savings Associations'' which requires certain disclosures be made by non-federally insured savings associations. 4-13-89 Letter discusses House Bill 979, Act 173 of 1988 which makes several significant changes in the Banking Code of 1965, including provisions which provide real estate investment and development authority to commercial savings banks; permit commercial and mortgage-backed securities powers; and, permit commercial and savings banks to make investments not presently permitted under statute in amounts up to 3% of assets with no more than 1% in any one investment. 1988 11-3-88 Letter regarding survey of institutions offering low-cost checking and savings accounts. 11-2-88 Letter announces survey to be conducted by the Department regarding low-cost deposit accounts availability at banks and savings and loan associations. 10-17-88 Letter lists legal bank holidays for 1989. 9-30-88 Letter mailed to state-chartered banking institutions asking for a Report of Condition and Report of Income as of the close of business 9-30-88. 7-15-88 Letter to lenders asking them to act with forbearance toward farmers who may have been experiencing financial difficulties due to poor weather conditions. 6-30-88 Letter announces increase in assessments. 6-27-88 Letter to CEOs of bank and trust companies discusses the review of assessment fees for trust companies and trust departments. Letter asks institutions to complete a Report of Trust Assets. 6-3-88 Letter announces legislative amendments to sections 112, 166 & 117 of the Banking Code of 1965. 5-31-88 Letter to realtors discusses Senate Bill 7 of 1988, the Mortgage Bankers and Brokers Act. 4-6-88 Letter discusses the liquidation of TMIC Insurance Company and the need for some financial institutions to obtain alternate coverage. 1987 12-11-87 Letter to bank and savings and loan association CEOs - re: provisions of the Uniform Commercial Code regarding full-day hours during the holidays. 11-4-87 Letter lists fixed and optional bank holidays for 1988. 8-28-87 Letter permits closing of institutions for Constitution Day celebration in Philadelphia, September 17, 1987. 6-24-87 Letter discusses requirements under Section 403 of the Banking Code of 1965 relating to report of condition & report of income. 3-23-87 Letter addressed to CEOs of all PA state-chartered banking institutions discusses Sections 1407(a) and 1407(c) of the Banking Code of 1965, which revises the minimum requirements for Directors' audits performed by CPAs. 2-5-87 Letter discusses permissibility of purchase or establishment of discount brokerage office subsidiaries under sections 311(b), 502(d) and 203(d) of the Banking Code of 1965. 1-16-87 Letter discusses Senate Bill 1389, Act No. 205 of 1986, amending various provisions of the Banking Code of 1965 (P. L. 847 No. 346) particularly § 1610 relating to fair pricing provisions. 1-6-87 Letter discusses permissibility of investment on mutual funds under the provision of the Banking Code of 1965, 7 P. S. § 307. 1986 11-6-86 Letter contains a list of fixed and optional bank holidays for 1987. 9-30-86 Letter requests Report of Condition and Income as of September 30, 1986. 8-21-86 Letter discusses ownership of stock by state chartered institutions of out-of-state bank holding companies and 7 P. S. §§ 116, 311. 6-26-86 Letter requests Report of Condition and Income as of the close of business June 30, 1986. 3-17-86 Letter announces CSBS Computer Audit & Control Conference for bankers. 1985 12-20-85 Letter requests report of condition and income for 4th Quarter of 1985. 12-16-85 Letter announces Martin Luther King, Jr.'s Birthday as a fixed holiday. 11-4-85 Letter lists all fixed and optional bank holidays for 1986. 9-25-85 Letter requests report of condition and income as of the close of business - 9/30/85. 6-14-85 Letter announces upcoming examination of all corporations licensed under Pennsylvania's Secondary Mortgage Loan Act. 5-31-85 Letter discusses brokered loan fraud. 5-16-85 Letter announces ''Day with the Secretary'' program. 4-29-85 Letter discusses requirements for directors' audits pursuant to 7 P. S. § 1407(a) and the relevant regulations. 4-2-85 Letter announces CSBS Computer Audit & Control Conference for bankers. 1-30-85 Letter announces substantive amendments to 7 P. S. § 408, House Bill No. 2453, Act No. 1984-217. 1984 12-20-84 Letter announces staff changes in the banking bureau of the Department. 12-12-84 Letter discusses requirement of § 1407 of the Banking Code of 1965 regarding audit requirements. 11-28-84 Letter discusses increasing fees and charges for traditional financial services. 10-19-84 Letter announces banking legal holidays for 1985. 10-9-84 Letter discusses Section 105(B.1) of the Banking Code of 1965, establishment of additional offices in Pennsylvania by foreign banking organizations. 7-26-84 Letter discusses Senate Bill 1304, Act No. 128 of 1984, Senate Bill 1305, Act. No. 129 of 1984 and amendments to § 302, § 303, § 401 of the Banking Code of 1965. 7-26-84 Letter discusses Senate Bill No. 1304, Act No. 128 of 1984 which amended sections 203, 306, 308, 310, 311, 404, 405, 505, 805, 908, 1415, 1609, 1910, 2002 of the Banking Code of 1965. 7-26-84 Letter discusses Senate Bill No. 1080, Act No. 125 of 1984 which amended sections 311, 404, 514, 610, 802, 1217, 1405, 1609, 1801 and 1809 of the Banking Code of 1965. 7-13-84 Letter discusses amendment to Section 1910(d) of the Banking Code of 1965, which requires directors and officers to have an audit performed of the books and affairs of the institution at least once per year. 6-18-84 Letter announces Department's revisions to branch application forms. 6-14-84 Letter discusses Banking Code of 1965, § 307—Investment Securities (other than stock) and OCC revising its interpretation of ruling 7.1100, redefining capital and surplus for the purposes of investment limitations. 3-5-84 Letter is a reminder of importance of making and maintaining arrangements to backup data processing equipment and provide for reconstruction of records. 2-23-84 Letter discusses Section 319 of the Banking Code of 1965 and variable rate consumer installment loans. 2-17-84 Letter discusses the technological revolution which is affecting the banking industry. The letter also announces a presentation of CSBS Computer Audit and Control Conference for Bankers to be held in Philadelphia, PA on April 23-26, 1984. 1-24-84 Letter discusses Section 307 of the Banking Code of 1965 and investments in shares of money market mutual funds. 1983 12-5-83 Letter discusses annual audits of one-bank holding companies and multi-bank holding companies in compliance with Sections 1407 of the Banking Code of 1965. 12-1-83 Letter discusses impact of deregulation on industry. 10-13-83 Letter announces deletion of Section 14.1 and 14.2 from Title 10 of the Pa. Code. 10-7-83 Letter announces 1984 legal bank holidays. 4-14-83 Letter discusses Garn-St. Germain Depository Act of 1982 and preemption of state law re: alternative mortgage loans and override of 7 P. S. § 505. 4-12-83 Letter regarding electronic automation. 4-8-83 Letter regarding the Garn-St Germain Depository Institutions Act of 1982 overrides state law to the extent that it permits adjustable-rate mortgages to be made or purchased by state-chartered banks, bank and trust companies, trust companies, and private banks. 2-28-83 Letter discusses annual audits requirement contained in Section 17.1(a), Title 10 of the Pennsylvania Code. 2-15-83 Letter discusses mortgage loans requiring special consideration such as those affected by temporary unemployment of borrower. 2-2-83 Letter discusses Garn-St. Germain Depository Institution Act of 1982 overriding substantially equal payments requirements of Section 310 of the Banking Code of 1965. 1-24-83 Letter discusses exercising of compassion and forbearance in dealing with unemployed customers. 1-17-83 Letter discusses recent amendments to Chapter 7 of the Banking Code of 1965, as amended. 1-3-83 Letter concerns substantial increase in the number of institutions advertising repurchase agreements. 1982 12-8-82 Letter discusses examination of PA Bank Holding Companies by Department. 11-1-82 Letter lists legal bank holidays for 1983. 7-30-82 Letter addressed to thrift CEOs and discusses asset restatement accounting. 7-2-82 Letter to MVSFA licensees discusses Act No. 160 of 1982 and maximum permissible finance charges. 6-4-82 Letter discusses House Bill No. 1739, Act No. 79 of 1982, which amended sections 202, 308, 311, 319, 320, 407, 504, 506, 610, 702, 703, 1414, 2004 and 1609 of the Banking Code of 1965. 6-4-82 Letter discusses House Bill No. 1889, Act No. 44 of 1982, which amended sections 113, 114, 115, 903, 904 and 905 of the Banking Code of 1965. 4-5-82 Letter announces change of policy from capital-to-deposit ratio as a measurement of capital adequacy to capital-to-assets ratio. 4-2-82 Letter discusses the technological revolution which is affecting the banking industry. The letter also announces a presentation of CSBS Bank Executives EDP/EFT Conference to be held in Philadelphia, April 27-28, 1982. 3-26-82 Letter discusses the technological revolution which is affecting the banking industry. The letter also announces a presentation of CSBS Bank Executives EDP/EFT Conference to be held in Philadelphia, April 27-28, 1982. 1981 11-20-81 Letter lists legal bank holidays for 1982. 10-13-81 Letter discusses sections 702(c) and 610(c) of the Banking Code of 1965, as amended. 10-9-81 Letter announces CSBS Computer Audit and Control Conference for Bankers. 1-21-81 Notice of authorization to close banks in Philadelphia for official celebrations. 1980 11-7-80 Letter lists legal bank holidays for 1981. 10-28-80 Letter discusses proposed amendments to Department regulations pertaining to Legal Reserve Funds, 10 Pa. Code, Chapter 11. 7-7-80 Letter announces ''Day with the Secretary'' program. 6-17-80 Letter discusses Chapter 7 and Section 103 of the Banking Code of 1965, as amended, and Section 202 of the Banking Code of 1933, as amended, legal reserves of PA nonmember banks. 6-10-80 Letter discusses Section 318 of the Banking Code of 1965 and permissible interest computations. 5-29-80 Letter discusses Act No. 51 of 1980, amending various provisions of the Banking Code of 1965 (P. L. 847, No. 346). 3-13-80 Letter discusses proposed legislation requiring mandatory reserves to be maintained at the Federal Reserve. 2-14-80 Letter discusses Act No. 286 of 1980 and new requirements for CPAs. 2-4-80 Letter discusses conversions of PA National Banks to State Charters. 1-2-80 Letter discusses federal law preemption of first lien residential mortgage rate portion of Pennsylvania usury law. 1979 11-29-79 Letter discusses whether a bank or a bank and trust company may charge the Federal Reserve discount rate plus 1% on a residential mortgage loan. 11-16-79 Letter discusses legal bank holidays. 11-1-79 Letter discusses attempts to curb inflation and to maintain stability and balance in Pennsylvania. 10-26-79 Letter regarding a Conference on technological revolution involving electronics. 10-9-79 Letter discusses Outstanding Mortgage Loans 10-8-79 Letter discusses Outstanding Mortgage Loans 10-3-79 Letter discusses to what extent PA banks may invest in mortgage-backed pass-through certificates sold by banks through an underwriting syndicate. 7-26-79 Letter discusses Outstanding Mortgage Loans. 1975 3-7-75 Letter discusses instructions for filing documents with the Corporation Bureau of the Department of State. 1966 3-14-66.1 Letter discusses Saturday Banking Hours.
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