NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[52 Pa.B. 7054]
[Saturday, November 12, 2022]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, October 28, 2022, and announced the following:

Actions Taken—Regulations Approved:

 Department of Health # 10-221: Long-Term Care Nursing Facilites (amends 28 Pa. Code §§ 201.1—201.3)

 Department of Health # 10-222: Long-Term Care Nursing Facilites (amends 28 Pa. Code Chapters 201, 205, and 207, deletes 28 Pa. Code Chapter 203, and adds 28 Pa. Code Chapter 204)

 Department of Health # 10-223: Long-Term Care Nursing Facilites (amends 28 Pa. Code Chapters 201, 209, and 211)

 Department of Health # 10-223: Long-Term Care Nursing Facilites (amends 28 Pa. Code Chapters 201, 207, 209, and 211)

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Approval Order

Public Meeting Held
October 28, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Department of Health—Long-Term Care Nursing Facilities Regulation No. 10-221 (# 3312)

 On July 21, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code §§ 201.1—201.3. The proposed regulation was published in the July 31, 2021 Pennsylvania Bulletin with a public comment period ending on August 30, 2021. The final-form regulation was submitted to the Commission on September 27, 2022.

 This regulation expands the incorporation by reference of 42 CFR Part 483, Subpart B (relating to requirements for long term care facilities) and updates definitions.

 We have determined this regulation is consistent with the statutory authority of the Department (35 P.S. §§ 448.102, 448.201(12), 448.601, 448.801a and 448.803; and 71 P.S. § 532(a) and (g)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

 This regulation is approved.

____

Approval Order

Public Meeting Held
October 28, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Department of Health—Long-Term Care Nursing Facilities Regulation No. 10-222 (# 3316)

 On September 27, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapters 201, 205, and 207, deletes 28 Pa. Code Chapter 203, and adds 28 Pa. Code Chapter 204. The proposed regulation was published in the October 9, 2021 Pennsylvania Bulletin with a public comment period ending on November 8, 2021. The final-form regulation was submitted to the Commission on September 27, 2022.

 This final-form regulation amends regulations relating to general operation and physical requirements of long-term care nursing facilities, including closure, construction, alteration and renovation.

 We have determined this regulation is consistent with the statutory authority of the Department (35 P.S. §§ 448.102, 448.201(12), 448.601, 448.801a and 448.803; and 71 P.S. § 532(a) and (g)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

 This regulation is approved.

____

Approval Order

Public Meeting Held
October 28, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Department of Health—Long-Term Care Nursing Facilities Regulation No. 10-223 (# 3335)

 On March 2, 2022, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapters 201, 209, and 211. The proposed regulation was published in the March 19, 2022 Pennsylvania Bulletin with a public comment period ending on April 18, 2022. The final-form regulation was submitted to the Commission on September 27, 2022.

 This final-form regulation amends regulations relating to ownership and management of long-term care nursing facilities, as well as health and safety, and infection prevention and control at these facilities.

 We have determined this regulation is consistent with the statutory authority of the Department (35 P.S. §§ 448.102, 448.201(12), 448.601, 448.801a and 448.803; and 71 P.S. § 532(a) and (g)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

 This regulation is approved.

____

Approval Order

Public Meeting Held
October 28, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Department of Health—Long-Term Care Nursing Facilities Regulation No. 10-224 (# 3343)

 On May 11, 2022, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapters 201, 207, 209, and 211. The proposed regulation was published in the May 28, 2022 Pennsylvania Bulletin with a public comment period ending on June 27, 2022. The final-form regulation was submitted to the Commission on September 27, 2022.

 This final-form regulation amends regulations relating to management of long-term care nursing facilities, along with program standards and resident rights. Regulations relating to staff are amended, including those relating to qualifications, training, job duties, and minimum staffing ratios.

 We have determined this regulation is consistent with the statutory authority of the Department (35 P.S. §§ 448.102, 448.201(12), 448.601, 448.801a and 448.803; and 71 P.S. § 532(a) and (g)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

 This regulation is approved.

GEORGE D. BEDWICK, 
Chairperson

[Pa.B. Doc. No. 22-1754. Filed for public inspection November 11, 2022, 9:00 a.m.]

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