Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 05-1493a

[35 Pa.B. 4383]

[Continued from previous Web Page]

PACE Provider Bulletins: 1995

--1/6/95: Drug Utilization Review Program: Addition of new criteria for antidepressants, antipsychotics and benzodiazepines.

--2/17/95: Antidepressants, Antipsychotics and Benezodiazepines: Reminder to Pharmacy to carefully review both the reject codes and accompanying messages.

--2/24/95: Toradol: Reimbursement restrictions.

--2/24/95: Minitran: 30-day supply limit.

--3/95: PACE Drug Utilization Review Criteria.

--3/3/95: Medicare Update: Extended coverage for prescription drugs used in immunosuppressive therapy to three years following hospital discharge for an organ transplant.

--3/3/95: Maximum Initial Dose for selected antipsychotic, antidepressant or benezodiazepine agents.

--3/27/95: Non-Sedating Antihistamines and Oral Antifungals Coadministration is Contraindicated. PACE will reject claims for Seldane, Seldane-D, Hismanal, Claritin, Claritin-D, Diflucan, Nizoral and Sporanox.

--3/95: Third Party Billing Reminder: PACE is payer of last resort, pharmacy must bill other third parties first.

--5/5/95: Brand Patent Expirations/Generic Substitutions.

--7/95: CellCept Billing Instructions.

--7/1/95: Claims Submissions: 90-day limit to file claims for reimbursement.

--8/1/95: Injectable Chemotherapeutics: Effective 9/1/95 PACE Reimbursement for list of injectable chemotherapeutics limited to 20% of AWP.

--8/18/95: Non-Participating Manufacturer List.

--8/18/95: Drug Utilization Review Program: New maximum dose criteria added to the PACE ProDur Program effective 8/28/95--Nefazodone (Serzone) 600 mg/day; Fluvoxamine (Luvox) 50 mg/day (initial) and 300 mg/day (maximum); Lansoprazole (Prevacid) 30 mg/day.

--9/1/95: Common Package Size Reimbursement Listing.

--9/1/95: Epoetin Alfa (EPO) Injections: Effective 9/11/95 PACE reimbursing only 20% of AWP for Epogen and Procrit.

--9/6/95: Early Refill Edit: Additional classes added to the Early Refill Edit.

--9/22/95: Drug Utilization Review Program: Effective 9/25/95 duplicate therapy edit applied to the following class of drugs: Proton Pump Inhibitors--Prilosec and Prevacid.

--10/95: PACE POCAS Telecommunications Number: New direct number available to pharmacy providers for Primary Claim Submission: 950-5545.

PACE Provider Bulletins: 1994

--2/8/94: Reimbursement Criteria for Temazepam (effective 3/1/94).

--5/23/94: Glyburide: Mandatory Substitution of Micronase and Diabeta.

--5/94: Prograf Billing Instructions

--5/94: Ophthalmics: Days Supply Provisions

--5/94: Betaseron Billing Instructions

--7/1/94 Ophthalmics: Noted billing discrepancies regarding pharmacies reporting of the days supply.

--7/23/94: Narrow Therapeutic Index Exemption Listing (Revised)

--8/94: Incorrect Physician License Numbers: Notice to Pharmacy Providers of Procedures to Disallow Claims Submitted with Wrong Prescriber I.D.

--8/19/94: Physician/Medical Assistants: PACE Reimbursement of Prescriptions Written by Physician Assistants.

--9/23/94: Serevent: PACE will no longer reimburse for more than 13 gm of Serevent per prescription.

--9/26/94: Febatol--No PACE Reimbursement after 12/26/94.

--9/30/94: Manufacturers' Rebate Update

--10/3/94: DAW/Product Selection Code (Revised)

--10/21/94: Oral Contraceptives: Effective 10/30/94 PACE no longer reimburses except through the Medical Exception process.

--10/21/94: New Maximum Dose Criteria Added to the PACE ProDUR Program: Maximum daily dose and duplicate therapy criteria for NSAIDs (Trilisate; Disalcid; and Cataflam) and maximum daily dose criteria for miscellaneous anti-ulcer preparations (Propulsid and Reglan).

--11/18/94: Oral Chemotherapeutics: Effective 12/15/94 PACE reimburses only 20% of AWP for Cyclophosphamide 25 mg/oral; Cytoxan 50 mg/oral; Etoposide/Vepesid 50 mg/oral; and Melphalan/Alkeran 2 mg/oral.

--12/2/94: 30-Day Supply Requirement: Humulin and Solganal.

PACE Provider Bulletins: 1993

--1/1/93: PACE Legislative Changes Effective 1/1/93

   *  Dispense as Written (DAW) Codes

   *  Mandatory Generic Substitution when an ''A'' rated generic therapeutically equivalent drug is available.

   *  Pricing Information

   *  Consultation Fee Discontinued

--2/28/93: Deadline for PACE Provider Reenrollment and Conversion to 3.2 NCPDP Telecommunications Standard for PACE. Telecommunications Standard for Claims Submission.

--3/1/93: Standard Error Codes

--3/1/93: Early Refill Edit

--3/1/93: Halcion Error Code Revisions

--3/1/93: Processing Requirements: Conversion to NCPDP Version 3.2

--3/19/93: POCAS System Maintenance on 4/10/93 and 4/11/93.

--5/14/93: Delay in Provider Reimbursement

--5/21/93: Change in the ProDUR screening criteria for H2 Receptor Antagonists effective 6/1/93.

--6/28/93: Implementation of PACE ProDUR Changes:

   *  Maximum daily dose for NSAIDs

   *  Maximum daily dose for Omeprazole, Sucralfate and Misoprostrol.

   *  Maximum daily dosage allowed for Famotidine (Pepcid) changed from 80 mg/day to 40 mg/day.

--6/28/93: Claims Processing Procedures When POCAS Is Not Available.

--7/1/93: Non-Participating Manufacturers List

--7/23/93: 30-Day Supply Requirements

--7/23/93: Narrow Therapeutic Index Exemption Listing (Revised)

--9/28/93: Manufacturers Rebate Update (Non-Participating Manufacturer List, effective 10/5/93 was attached.)

PACE Provider Bulletins: 1992

--4/92: Provider Training Seminars (5/11/92 through 7/2/92)

--5/29/92: Manufacturers' Rebate News: Center Laboratories

--6/19/92: Manufacturers' Rebate News: Roxane Laboratories, Inc.

   --Astra Pharmaceutical Products

   --Ocumed

   --IPR Pharmaceutical

   --Immunex Corporation

--8/16/92: PACE Rescue Plan: Implementation of ProDUR; NCPDP Version 3.2 and related Program Changes

--9/92: Dixon-Shane recoupments/pharmacy credits.

--11/9/92: PACE Pharmacy Provider Manual

--12/23/92: Narrow Therapeutic Index Exemption Listing

--12/92: Generic Substitution on Oral Prescriptions (Included Poster and Informational Flyers).

PACE Provider Bulletins: 1991

*  6/21/91: Co-Pay Change ($4 to $6 effective 7/1/91)

*  8/14/91: General Program Issues: Claims Payment
Cardholder Eligibility Changes (Income Eligibility Changed to $13,000 for Single and $16,200 for Married Couples)
Nursing Home Providers
Cosmetic Drugs (Effective 10/1/91 claims for Rogaine and Retin-A no longer paid)
Paper Claims (Only claims for Compound Drugs or claims whose Quantity is in Excess of 9999 accepted as paper claims)
Persantine and Dipyridamole (These two drugs must have an indication on the prescription that it is being used as an adjunct to Coumadin anticoagulants for the prevention of postoperative thromboembolic complications of cardiac valve replacement in order to be allowed payment by (PACE).
Audit Issues (Telephone Prescriptions and Brand Medically Necessary Requirements).

*  8/21/91: Final Instructions Concerning the PACE On-line Claims Adjudication System (POCAS).

*  9/27/91: Billing Instructions Cosmetic Drugs Exception Claim Processing POCAS, post payment review Nursing Home Claims

DIVISION OF CONSUMER PROTECTION

Contact: Robert Hussar, Division Chief (717)-783-6207

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--''AAA Administration''

--88-01-07 Personnel Action Plan for Private Non-Profit Area Agencies on Aging (AAA)

--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 Audit 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

--94-01-02 Indirect Cost Policy for Department of Aging Contracts

--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 AAA Programs

--98-01-02 Area Agency on Aging Program Income Policies

--01-01-02 AAA Utilization of Federal Funds in Provision of Caregiver Services

--01-01-10 Assistive Technology/ Risk Reduction Home Modification Program

--02-01-03 Contract Procurement Requirements

--02-01-11 Updated Area Plan Assurances--Attachment A--Attachment B

--03-01-03 OPTIONS Cost Sharing--Fee Scale Attachment

--03-01-06 Home and Community Based Services Procedures Manual (This Manual is a comprehensive guide to Department of Aging procedures. It is the operational handbook used by employees of Area Agencies on Aging. The following are individual chapters from the Manual. They contain a significant number of appendices, which are not yet displayed. They will be added to this site in the near future. In the meantime, please contact the Department at 717-783-6207 for additional information.)

   *  Table of Contents

   *  Chapter 1--Assessments

   *  Chapter 2--Care Management

   *  Chapter 3--Programs and Requirements

   *  Chapter 4--Services

   *  Chapter 5--Hearings and Appeals

--Comprehensive OPTIONS Assessment Form (COAF) Instructions

--Comprehensive OPTIONS Assessment Form

--Nursing Facility OPTIONS Assessment Form

--03-01-07 HIPAA Standards for Privacy of Individually-Identifiable Health Information and How the Requirements Impact the Pennsylvania Aging Network

--03-01-10 FY 2004-2008 Four-Year Plan Requirements

--04-01-02 AAA Program Requirements, Planning Allocations and Aging Services Block Grant Format for Fiscal Year 2004-2005

--04-01-03 AAA Program Requirements, Planning Allocations and Tobacco/Bridge Agreement Format for Fiscal Year 2004-2005

--04-01-05 FY 2004-2005 Program and Financial Reporting Requirements

--05-01-01 (Amends APD 03-01-06, Chapter 3 of the Home and Community Based Procedures Manual)

--05-01-02 2004-2005 Aging Block Grant Amendment: Final Funding Allocations

--05-01-03 Area Agency on Aging (AAA) Program Requirements and Amended Planning Allocations for the Tobacco/Bridge Agreement for Fiscal Year 2004-2005

--05-01-04 Area Agency on Aging (AAA) Program Requirements, Planning Allocations and Aging Services Block Grant Format for Fiscal Year 2005-2006

--05-01-05 AAA Data Submission Requirements

Program Area 02--''Home Delivered Meals''

--See APD #04-03-01

Program Area 03--''Congregate Meals''

--04-03-01 Policies and Standards for the Department of Aging-Funded Nutrition Service Programs

Program Area 04--''Socialization/Recreation/Education/Health Promotion''

--96-04-01 Senior Community Center And Satellite Center Policies and Standards
--98-04-01 PrimeTime Health Program

Program Area 05--''Employment Services''

--95-05-02 Title V Senior Community Service Employment Program: Final Rule
--96-05-02 Title V S.C.S.E.P.: Eligibility and Assessment Forms

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

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
--04-10-01 Components of an Effective Ombudsman Program

Program Area 11--''Information and Referral''

--85-11-01 Policies and Procedures for the Provision of I & R Services by AAAs

Program Area 12--''Home Health''

--See APD #03-01-06.

Program Area 13--''Personal Care''

--See APD #03-01-06.

Program Area 14--''Personal Assistance Service''

--See APD #03-01-06.

Program Area 18--''Medical Equipment, Supplies and Adaptive Devices''

--See APD #03-01-06.

Program Area 19--''Home Support''

--See APD #03-01-06.

Program Area 20--''Adult Day Care''

--See 6 Pa. Code Chapter 11, Sections 11.1 to 11.292 and APD #03-01-06.

Program Area 22--''Assessments''

--See Book I of APD #03-01-06.

Program Area 23--''Care Management''

--See APD #03-01-06.

Program Area 24--''Protective Services Intake/Investigation''

--89-24-02 Required Standard Forms for Protective Services
--93-24-01 Protective Services Investigations
--93-24-02 Protective Services Investigations
--97-24-01 Protective Services Report of Need and Investigation Summary and Assessment Form
--00-24-01 Perpetrator Designation and Notification in P. S. Cases

Program Area 25--''Domiciliary Care''

--85-25-02 Statewide Expansion of 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
--04-25-01 Domiciliary Care Consumer Payment To Providers

Program Area 29--''Other''

--85-29-01 Changes in PSA Boundaries
--85-29-02 Generic Policies and Procedures for the Request and Consideration of Waivers of PDA Policies
--85-29-06 Interdepartmental Cooperative Agreement between the PDA and DPW, Office of Mental Health
--92-29-07 Advance Notice to Health Care Facilities Prior to Termination of Utility Service
--96-29-01 Statement of PDA Intent Re: Allocation To New Area Agencies
--97-29-01 Retention of AAA Records
--97-29-02 Emergency Operations Plan for the Department of Aging
--00-29-01 Department of Aging Energy Emergency Response Plan


AGRICULTURE

POLICY STATEMENTS:

Bureau of Administrative Services

*  Right-to-Know Procedures--Public Access to Information

Contact: Derek Ruhl (717-783-3577)

Bureau of Animal Health and Diagnostic Services

*  Scrapie Containment and Eradication Strategy

Contact: Dr. Paul Knepley (717-783-8300)

*  Chronic Wasting Disease Containment and Eradication Strategy

Contact: Dr. Paul Knepley (717-783-8300)

Bureau of Flood Distribution

*  Allowable Uses of State Food Purchase Program Capital Asset Program (CAP) Monies

Contact: Sandy Hopple (717-772-2693)

Bureau of Market Development

*  Instructions for Completion of Application for Capital Improvement Matching Funds Grant

Contact: Brant Bickel (717-787-5342)

*  Guidelines: Agricultural and Rural Youth Grant Program Direct and Matching Grants

Contact: Brant Bickel (717-787-5342)

Pennsylvania State Harness Racing Commission

*  Licensing Procedures and Standards for Applicants

Contact: Anton J. Leppler (717-787-5196)

Pennsylvania Horse Racing Commission

*  Licensing Procedures and Standards for Applicants

Contact: Benjamin H. Nolt, Jr. (717-787-1942)

Pennsylvania State Conservation Commission

*  Pennsylvania's Nutrient Management Plan Implementation Grants Program Application Form and Guidelines

Contact: Karl Brown (717-787-8821)

*  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 (717-787-8808)

Bureau 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 (717-772-2693)

Bureau 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: James C. Dell (717-787-4316)

*  Food Safety Concession Guidelines

*  Ice Manufacturing Plants Consumer Confidence Program Guidelines

*  Listeria Handbook for Retail Food Establishments

*  Model Food Service Self-Inspection Checklist

*  Procedures for Vacuum Packaging Foods in Reduced Oxygen Packages

*  Retail Food Establishment Consumer Confidence Program Self-Inspection Checklist

Contact: Lenchen Radle (717-787-4315)

Pennsylvania Harness Racing Commission

*  Guidelines for Medications in Racehorses

Contact: Anton J. Leppler (717-787-5196)

Pennsylvania Horse Racing Commission

*  Guidelines for Medications in Racehorses

Contact: Benjamin H. Nolt, Jr. (717-787-1942)

Bureau 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

*  Instructions for Licensing under the Pennsylvania Agricultural Liming Materials Act

Contact: John Breitsman (717-787-4843)

*  Instructions for Licensing under the Pennsylvania Seed Act

Contact: Joe Garvey (717-787-5609)

*  Directions for Registering Pesticides in Pennsylvania

*  Experimental Pesticide Use Permits

*  Grower Record Keeping Guidelines for Pesticide 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: John Lake (717-787-4843)

*  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)

Bureau of Ride and Measurement Standards

*  Amusement Ride Operators' and Attendants' Manual

Contact: Kent Shelhamer (717-787-6772)

Pennsylvania State Conservation Commission

*  Best Management Practices Manual for Pennsylvania Livestock and Poultry Operations

Contact: Karl Brown (717-787-8821)

*  Interim Guidance Addressing Phosphorus and other Nutrients in Nutrient Management Plans

Contact: Doug Goodlander (717-705-3895)

INTERNAL GUIDELINES:

Bureau 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: Sandra Robison (717-783-3167)

Bureau 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 (717-787-4316)

*  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)

*  Guidelines for Inspection of Food Concessions at Fairs

*  Inspection Guidelines for Farmers Markets and Stands

Contact: Lenchen Radle (717-787-4315)

Bureau of Market Development

*  Agricultural Fair Program State Premium Guideline Book

Contact: Brant Bickel (717-787-5342)

Bureau of Plant Industry

*  Turfgrass Seed Certification Interagency and Interstate Certification

Contact: Joe Garvey (717-787-5609)

*  Plant Pest Act Enforcement Action Penalty Matrix

Contact: Walt Blosser (717-772-5205)

*  Fertilizer Enforcement Action Penalty Matrix

Contact: John Breitsman (717-787-4843)

*  Soil and Plant Amendment Enforcement Action Penalty Matrix

Contact: John Breitsman (717-787-4843)

*  Pesticide Enforcement Action Penalty Matrix

Contact: Joseph Uram (717-787-4843)

*  Seed Enforcement Action Penalty Matrix

Contact: Joe Garvey (717-787-5609)

Pennsylvania Harness Racing Commission

*  Procedures with respect to Unlicensed Owners

Contact: Anton J. Leppler (717-787-5196)

OTHER:

Bureau of Food Safety and Laboratory Services

*  Industry Responsibilities with respect to Broken Seals

Contact: James C. Dell (717-787-4316)

*  Temperature Requirements for Safe Handling of Hot and Cold Foods

*  Guidelines for Self-Service Bulk Food Displays

*  Guidelines for Maple Syrup Operations

Contact: Lenchen Radle (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 (717-787-3294)

Bureau 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 person for all Department of Banking documents is Carter Frantz (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.

2005
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.
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.
1-22-99Record 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.
11-8-94Letter 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-Depository Trust Companies regarding the Department revising its examination/assessment billing method for non-depository trust companies.
1993
12-9-93Letter 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.
7-29-91Letter 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.

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