NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[37 Pa.B. 1463]
[Saturday, March 31, 2007]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, March 15, 2007, and announced the following:

Regulations Approved:

   Department of Public Welfare #14-490: Special MA Eligibility Provisions (amends 55 Pa. Code Chapter 140)

   Department of Public Welfare #14-491: Home Health Agency Services (amends 55 Pa. Code Chapter 1249)

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Approval Order

Public Meeting held
March 15, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.

Department of Public Welfare--Special MA Eligibility Provisions; Regulation No. 14-490 (#2449)

   On November 16, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapter 140. The proposed regulation was published in the November 27, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 16, 2007.

   This final-form regulation adopts an option contained in the federal Breast and Cervical Cancer Prevention and Treatment Act of 2000 (BCCPT). The BCCPT permits states to provide Medicaid coverage to low-income, uninsured women under 65 years of age who have been screened and determined to need treatment for breast or cervical cancer through the Centers for Disease Control and Prevention's National Breast and Cervical Cancer Early Detection Program.

   We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. §§ 201(2) and 403(b)) 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.

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Approval Order

Public Meeting held
March 15, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.

Department of Public Welfare--Home Health Agency Services; Regulation No. 14-491 (#2452)

   On November 30, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare. This rulemaking amends 55 Pa. Code Chapter 1249. The proposed regulation was published in the December 11, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 16, 2007.

   This regulation deletes requirements from Chapter 1249 that require a recipient of Medical Assistance (MA) to be ''homebound'' to qualify for Home Health Agency (HHA) services. This regulation also moves HHA service visit limitations from regulation to the MA program fee schedule.

   We have determined this regulation is consistent with the statutory authority of the Department of Public Welfare (62 P. S. § 403) 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.

ARTHUR COCCODRILLI,   
Chairperson

[Pa.B. Doc. No. 07-564. Filed for public inspection March 30, 2007, 9:00 a.m.]

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