[39 Pa.B. 3247]
[Saturday, June 27, 2009]
[Continued from previous Web Page]
Regulation Being
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact HEALTH
Health Facility Licensure--General Administrative Chapter and General and Special Hospitals
28 Pa. Code § 51.1 et seq.
28 Pa. Code § 101.1 et seq.
February 2010, as proposed. The amendments to existing regulations will update the licensure requirements for hospitals and other health care facilities. Pursuant to the Health Care Facilities Act, 35 P. S.§§ 448.101--448.904b. James T. Steele
(717) 783-2500Communicable and Non-Communicable Diseases
28 Pa. Code § 27.1 et seq.
October 2009, as proposed. The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation and revise language pertaining to reportable diseases. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21. Jalene Kolb
(717) 783-2500Supplemental Nutrition Program for Women, Infant's and Children (WIC)
28 Pa. Code § 1101.1 et seq.
August 2009, as final. The amendments to existing regulations will bring the Commonwealth into compliance with the requirements of the federal Child Nutrition and WIC Reauthorization Act of 2004. Pursuant to the Child Nutrition and WIC Reauthorization Act of 2004, Pub. L. No. 108-265, § 203, 118 Stat. 729, 771--780. See, 42 U.S.C. § 1786. Douglas Snyder
(717) 783-2500School Immunization Requirements
28 Pa. Code §§ 23.83 and 23.86
January 2010, as final. The amendments to existing regulations will revise immunization requirements for school entry and attendance, add a grace period for the provision of vaccinations in order for them to be considered valid, and change school reporting requirements to require reporting of doses of vaccine given. Pursuant to the Disease Prevention and Control Law of 1955 35 P. S. § 521.1 et seq.; the Administrative Code of 1921 (71 P. S. § 541(c.1)) and the Public School Code of 1949 (24 P. S. § 13-1303a). Yvette M. Kostelac
(717) 783-2500Health Facility Licensure Home Care Agencies and Home Care Registries
28 Pa. Code
Chapter 611September 2009, as final. These new regulations are being promulgated pursuant to Section 803(10 of the Health Care Facilities Act, Act of July 19, 1979 (P. L. 130, No. 48), as amended, 35 P. S. § 448.803(1), and Act 2006-69 at § 809.1. Act 69 of 2006 expressly authorized the Department to set licensure standards for home care agencies and home care registries. Home care agencies employ direct care workers and home care registries refer direct care workers who are independent contractors to provide home care services to individual in their home or other independent living environment. Home care services include assistance with activities of daily living and instrumental activities of daily living, companionship, respite care and other non-medical services. Karin Simpson
(717) 783-2500Outpatient Integrated Treatment for Persons with Co-Occurring Psychiatric and Substance Use Disorders
28 Pa. Code
Chapter 719October 2009, as proposed. These new regulations would be promulgated, simultaneously with identical regulations from the Department of Public Welfare, to permit providers of drug & alcohol treatment services and mental health treatment services to obtain licenses from the Departments of Health and Public Welfare authorizing them to deliver integrated treatment on an outpatient basis to persons suffering from co-occurring psychiatric and substance use disorders. The proposed regulations would establish minimum requirements for licensure, including staffing, training, records, and other aspects required for appropriate treatment delivery. There are currently no regulations which provide for licensure of providers of integrated treatment for co-occurring disorders. Instead, facilities that wish to provide integrated treatment currently must meet all the requirements to obtain separate licenses for drug and alcohol and mental health treatment. The proposed regulations would simplify the survey and licensure process for providers. These regulations would be published pursuant to the Department's authority under Articles IX and X of the Public Welfare Code (62 P. S. §§ 901--922, 1001--1031 and 1051--1059), as transferred to the Department under Reorganization Plan No. 2 of 1977 (71 P. S. § 751-25) and Reorganization Plan No. 4 (71 P. S. § 751-31), and the Drug and Alcohol Abuse Control Act (71 P. S. §§ 1690.101--1690.114). Robert T. Datorre
(717) 783-2500Nursing home regulations
28 Pa. Code §§ 201.3 and 211.6
October 2009, as proposed. Recent amendments made by Act 68 of 2008 to the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. §§ 1901--1922) include a definition for the term ''social worker'' and prohibits individuals from holding themselves out as social workers, using the title of ''social worker'' or using the abbreviation of ''S.W.'' without meeting Act 68's definition of ''social worker.'' Act 68 also prohibits ''advertising as a social worker and adopting or using any title or description of services incorporating the term 'social worker' and their related abbreviations, which implies directly or indirectly that the individual is a social worker.'' The new statutory definition of a ''social worker'' conflicts with the definition in the Department's nursing home regulations. In order to resolve this conflict and allow facilities to continue to employ the individuals they currently employee in these positions (and who do not meet the new statutory definition of a social worker) the Department would propose to amend the term ''social worker'' in the regulations to ''social services coordinator.'' This will continue to allow nursing homes to hire individuals who meet the qualifications in the Department's nursing home regulations and in federal nursing home regulations, thereby giving facilities a larger pool of potential employees and controlling health care costs. The amendments would be promulgated pursuant to the Health Care Facilities Act, 35 P. S.§§ 448.101--448.904b, and Act 68. Robert T. Datorre
(717) 783-2500Urgent Care Regulations
28 Pa. Code § 101.4 and Ch. 117
October 2009, as proposed. These regulations would establish requirements for hospitals to maintain a separate area to provide urgent care services to individuals who present with an urgent medical condition. This area must be in a distinct location within the hospital or at a site not more than 15 miles from the hospital campus. These regulations would be promulgated pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b. James T. Steele, Jr.
(717) 783-2500Hospice Regulations
August 2009, as proposed. These regulations will establish and enforce minimum standards for the licensure of hospice services and residential facilities. The regulations are based on federal CMS regulations for Medicare certified providers. The regulations govern the construction, maintenance and operation of inpatient and residential hospice facilities to ensure safe, adequate and efficient provision of hospice services. Karin Simpson
717) 783-2500HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
25 Pa. Code §§ 963.12(a)(6) and (7) 963.13(b) 2, 963.13(c), 963.14(a), 963.15(a), 963(15) (c), 25 Pa. Code § 965.4(9) and 25 Pa. Code § 965.7. Fall 2009 PENNVEST recommends the following revisions:
(1) Delete 25 Pa. Code § 963.12(a) (6) in its entirety and the second sentence of 25 Pa. Code § 963.13(b)(2) thereby allowing PENNVEST to provide financial assistance (loan or grant) for costs associated with the development of an approvable official sewage plan under the Sewage Facilities Act, 35 P. S. § 750.1 et seq.
(2) Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor.
(3) Amend 25 Pa. Code § 963.13 (c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month.
(4) Amend 25 Pa. Code § 963.14(a) by revising the section to clarify when the use of an affordability analysis for the award of grants is necessary.
(5) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization.
(6) Amend 25 Pa. Code § 963.15 (c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date.
(7) Amend 25 Pa. Code § 965.4 (9) to allow for eligible land costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(8) Amend 25 Pa. Code § 965.7 to eliminate the requirement for a second opinion project review if the applicant is able to prove to the satisfaction of PENNVEST that no alternative methodologies are available to reduce project costs for projects with construction costs plus contingency in excess of $10 million.
Shawn W. Weis
(717)-783-6776INSURANCE Continuing Education for Insurance Agents and Brokers
39 Pa. Code,
§§ 39.1--39.12Fall/Winter 2009, as proposed. Act 147 of 2002 sets new standards for Producers in the Commonwealth. This chapter will be repealed and replace with new regulation consistent with the statute. This regulation will be updated to reflect education and training of producers. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility
31 Pa. Code
Chapter 67, §§ 67.21--67.28Fall 2009, as proposed. Amend to make the regulation consistent with statutory requirements. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429Life Insurance Illustrations
(New Chapter 87a)Fall/Winter 2009, as proposed. Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429Military Sales Model Regulation, Regulation
31 Pa. Code
Chapter 146dSummer/Fall 2009, as final. To adopt the NAIC model in response to Congress' direction in Section 9 of the Military Personnel Financial Services Protection Act Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429
Annual Financial Reporting Requirements
31 Pa. Code
Chapter 147Summer/Fall 2009, as final. To amend Chapter 147, commonly referred to as the ''CPA Audit Rule'' in accordance with the revised NAIC model was developed as a result of the NAIC's review of the Sarbanes-Oxley Act of 2002, also known as the Public Company Accounting Reform and Investor Protection Act of 2002, or ''SOX.'' Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429Standards to Define Insurers Deemed to be in Hazardous Financial Condition
31 Pa. Code
Chapter 160Fall 2009, as proposed. Amend consistent with updates adopted in 2008 to NAIC Model 385. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429Autism Review Process
31 Pa. Code
Chapter 168Fall/Winter 2009, as proposed. Act 62 of 2008 provides for regulations to implement and administer a review process for denials under the autism mandate, which takes effect July 1, 2009. Peter J. Salvatore,
Regulatory Coordinator
(717) 787-4429LABOR AND INDUSTRY
Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety
Submit proposed rulemaking in Fall 2009. Adopt the triennial edition of the ICC codes with exclusions directed by the UCC Advisory Council and update existing regulations. Edward Leister
(717) 787-3323Liquefied Petroleum Gas, Title 34. Bureau of Occupational and Industrial Safety Submit proposed rulemaking in Summer 2009. Will enact the Propane and Liquefied Petroleum Gas Act passed in June 2002. Will govern the design, installation and construction of containers and equipment for storage and handling of liquefied petroleum gas, specify the odorization of the gases and establish guidelines for the processing and technologies that are not covered by industry standards. Edward Leister
(717) 787-3323Business Enterprise Program, Title 34. Bureau of Blindness and Visual Services Submit proposed rulemaking in Winter 2010. Concerns operation of snack bars and similar operations in Commonwealth facilities under the Federal Randolph-Sheppard Act and related Pennsylvania laws. David DeNotaris
(717) 783-3784Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Tax Services
Submit proposed rulemaking in Summer 2009. Update Unemployment Compensation tax and select benefit regulations. Scott Miedrich
(717) 787-2097Unemployment Compensation, Title 34, Bureau of Unemployment Compensation Benefits Submit proposed rulemaking in Summer 2009. Update requirements and procedures for filing benefit claims and applications. Jeri Morris
(717) 787-3667Unemployment Compensation
Title 34, Chapter 101
Board of ReviewSubmit proposed rulemaking in Winter 2010. Update appeal and hearing procedures to reflect evolving procedures and statutory changes Edward Rawlings
(717) 787-1620Bureau of Workers' Compensation, Title 34, Chapter 127, Medical Cost Containment Submit revised proposed rulemaking Summer 2009. Update processes governing medical care and costs under the Workers' Compensation Act. John T. Kupchinsky
(717) 783-5421Bureau of Workers' Compensation, Title 34, Chapter 125A, Self-Insurance Submit final rulemaking in Fall 2009. Clarify standards and security requirements for individual self-insured employees. George Knehr
(717) 783-4476Bureau of Workers' Compensation, Title 34, Chapter 131 Submit final rulemaking in Summer 2009. Update procedures for proceedings before workers' compensation judges and incorporating Act 147 of 2006. Elizabeth A. Crum
(717) 787-5082Workers' Compensation Appeal Board, Title 34, Chapter 111 Submit final rulemaking in Summer 2009. Update procedures for Workers' Compensation Appeal Board. Susan McDermott
215-560-4583Bureau of Mediation,
Title 34
Submit proposed rulemaking in Winter 2010. Specify procedures and process for Bureau mediators. William D. Gross
(717) 787-2803Bureau of Labor Law Compliance, Title 34, Chapter 231, Minimum Wage Submit proposed rulemaking in Winter 2010. Update provisions and rescind expired Food-Service Employee Incentive Program. James A. Holzman
(717) 787-4186Bureau of Labor Law Compliance, Title 34 Prohibition of Excessive Overtime in Health Care Act Submit proposed rulemaking in Fall 2009. Regulations to implement this law. James A. Holzman
(717) 787-4186Bureau of PENNSAFE
Title 34, Chapters 301--323, Worker and Community Right to Know
Submit proposed rulemaking in Fall 2009. Amend the PA Hazardous Substance List Thomas J. Ward, Jr.
(717) 783-1826MILITARY AND VETERANS AFFAIRS
State Veterans' Homes
43 Pa. Code
Section 7.1 et. seq.
October 2008 as proposed. This regulation is necessary to update current regulations, make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7. Dennis T. Guise
(717) 861-8503MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Municipal Police Officers' Education and Training Commission.
37 Pa. Code
Chapter 204Final regulations, January 2010. Act 79 of 2005 requires the Commission to promulgate regulations to implement the Retired Law Enforcement Identification Act. Syndi L. Guido
(717) 772-0905PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PROBATION AND PAROLE Revision to
37 Pa. Code § 63.1
''Granting of Parole''To be worked on in CY 2009. A new form for inmates to apply for a parole review is being developed. This will require an update to regulation. Cynthia Daub,
Board Secretary
(717) 787-5684Revision to
37 Pa. Code § 71.4
''Conviction of a New Criminal Offense''To be worked on in CY 2009. Response to litigation regarding timeliness of a revocation hearing being held. Victoria Madden,
Chief Counsel
(717) 787-8126PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PUBLIC WELFARE Administration of County Children and Youth Programs
55 Pa. Code
Chapter 3130December 2010, as proposed. This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the federal regulations (effective March 27, 2000) for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include permanency hearings and the matters to be determined, requirements related to reasonable efforts including aggravated circumstances contrary to the welfare and best interests and redefining permanency goals for children. Ruth O'Brien
(717) 783-2800Administration and Operation of a Children and Youth Social Services Agency
55 Pa. Code
Chapter 3680June 2011, as proposed. This regulation incorporates the changes identified in the Child and Family Services Review, including requirements for visitation with fathers and non-custodial parents and between siblings; concurrent planning; improving permanency outcomes for children; and preserving connections with family and community for children placed out of the home. Ruth O'Brien
(717) 783-2800Food Stamp Disqualification Penalties
55 Pa. Code
Chapter 501November 2009, as final-form. This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from six months to one year for the first violation and from one year to two years for the second violation. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800Family Violence Option
55 Pa. Code
Chapter 108November 2009, as final-form. This regulation codifies the provision in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, establish service plans, provide universal notification and make appropriate referrals to social service agencies. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization and other client advocacy groups. Ruth O'Brien
(717) 783-2800Payment for Burial and Cremation
55 Pa. Code
Chapters 283 and 285September 2009, as final-form. as proposed The rulemaking increases the maximum payment to funeral directors for burial or cremation services to a standard $750 for all eligible individuals. This rulemaking also increases maximum level of contributions that may be made by another agency or individual towards burial expenses without reducing the Department payment. This amount is increased from $180 to $750. Additionally, this proposed rulemaking eliminates several restrictive requirements for burial, thus allowing families and funeral directors more flexibility and choice in planning and selecting burial goods and services. Ruth O'Brien
(717) 783-2800Revisions to Special Allowances for Supportive Services
55 Pa. Code
Chapter 165November 2009, as proposed. The purpose of this proposed regulation is to ensure adequate and consistent availability and distribution of special allowances. These special allowances are for supportive services to recipients of cash assistance who are engaged or intend to engage in employment and training activities approved by the Department. Ruth O'Brien
(717) 783-2800Deficit Reduction Act of 2005 (TANF Reauthorization)
55 Pa. Code
Chapter 165December 2009, as proposed. The purpose of this proposed regulation is to incorporate revised policies for work participation according to Federal statutes and regulations. Ruth O'Brien
(717) 783-2800Adjustment in the Mileage Reimbursement Rate for use of Private Transportation
55 Pa. Code
Chapter 165October 2009, as final-omitted. This final regulation allows the Department to adjust the mileage reimbursement rate for individuals who use private transportation to participate in work and work-related activities based on State-wide average gasoline prices. This rulemaking is needed because of the fluctuations in gasoline prices with no expectation that prices will remain at levels that are manageable for low-income families to pay. Ruth O'Brien
(717) 783-2800Early and Periodic Screening Diagnosis Treatment (EPSDT)
55 Pa. Code
Chapters 1101, 1121, 1123, 1147 and 1241January 2010, as proposed. This regulation relating to services provided as a follow-up to an EPSDT visit or encounter that are not currently recognized under the approved Medical Assistance State Plan. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Medical Assistance Case Management Services
55 Pa. Code
Chapter 1239January 2010, as proposed. This regulation codifies payment for medically necessary case management services as mandated by Omnibus Budget Reconciliation Act '89 to Medical Assistance recipients under the age of 21. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800OMNIBUS Pharmacy
55 Pa. Code
Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225 and 1243January 2010, as final-omitted. This final regulation codifies Act 1994-49 provisions that discontinue payment for all drugs, devices, products, services and procedures that are used or related to treating infertility, including surrogacy services, effective September 1, 1994. This regulation also provides that the medical assistance program provides drug coverage to medically needy only recipients receiving nursing facility services. This includes medically needy only recipients who reside in nursing facilities and intermediate care facilities/mental retardation (ICF/MR). This regulation was reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Physician Assistant/Midwife
55 Pa. Code
Chapter 1141December 2009, as final-omitted. This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Discontinuance of the Mandatory Second Opinion Program
55 Pa. Code
Chapter 1150December 2009, as final-omitted. This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Capital Component Payment for Replacement Beds
55 Pa. Code
Chapter 1187July 2010, as proposed. This regulation codifies the policy as set forth in the Statement of Policy published at 27 Pa.B. 6238 (November 29, 1997). This regulation will specify the conditions under which the Department will recognize nursing facility beds as replacement beds for purposes of making capital component payments for those beds. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800New Definition of ''Emergency Medical Condition''
55 Pa. Code
Chapters 1101, 1141, 1150 and 1221
December 2009, as proposed. This regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Definition of Medically Necessary
55 Pa. Code
Chapter 1101December 2009, as proposed. This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. This regulation was reviewed on 9/21/01 by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Tobacco Cessation and Nutritional Supplements
55 Pa. Code
Chapter 1121June 2010, as final-omitted. This final regulation will provide coverage under the Medical Assistance Program for tobacco cessation products and counseling services and will extend coverage for nutritional supplements to eligible Medical Assistance recipients 21 years of age and older. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Dental Services
55 Pa. Code
Chapter 1149June 2010, as final-omitted. This final regulation will provide coverage for crown core build-up and will revise the Medical Assistance Orthodontia Program. This regulation will be reviewed by the Medical Assistance Advisory Committee. Ruth O'Brien
(717) 783-2800Civil Rights Requirements for Nursing Facilities
55 Pa. Code
Chapter 1187January 2010, as proposed. This regulation will require nursing facilities to request and maintain a file of civil rights compliance information on each applicant. Through review of the civil rights information, the Department may better ensure that the MA program is operated in conformity with applicable laws that prohibit discrimination on race, color, national origin and disability. Ruth O'Brien
(717) 783-2800Assisted Living Residence
55 Pa. Code
Chapter 2800December 2009, as final-form. This rulemaking will provide a system of licensure and regulation of assisted living residences to ensure accountability and a balance of availability between institutional and home- and community-based long term care. This will help Pennsylvanians to age in place, maintain their independence and exercise decision making and personal choice. Ruth O'Brien
(717) 783-2800Phase-Out of County Costs in Rate Setting and Phase-In of Minimum Occupancy Requirements for Bed Hold Payments
55 Pa. Code
Chapters 1187 and 1189July 2009, as proposed. Act 44 of 2008 requires the Department to promulgate regulations that create minimum occupancy requirements for nursing facility bed hold payments and phases out the use of county nursing facility costs in the establishment of peer group prices for nonpublic nursing facility rates. Ruth O'Brien
(717) 783-2800Participation Review Process
55 Pa. Code
Chapter 1187August 2009, as proposed. Act 16 of 2007 requires the Department to promulgate regulations that establish the process and criteria to be used to review and respond to requests for increases in Medical Assistance certified nursing facility beds. Ruth O'Brien
(717) 783-2800Medical Assistance Copayment Changes
55 Pa. Code
Chapter 1101December 2009, as final-omitted. This regulation will codify new MA copayment exclusions mandated by the Federal Deficit Reduction Act (DRA) of 2005, and reduce the copayment for brand name drugs identified as preferred on the Department's Preferred Drug List (PDL) as authorized under the DRA. This regulation will be reviewed by the Medical Assistance Advisory Committee (MAAC). Ruth O'Brien
(717) 783-2800Third Party Liability Programs
55 Pa. Code
Chapter 259January 2010, as proposed. Section 1902(a)(25) of the Social Security Act (42 U.S.C. § 1396a(a)(25)) requires the Department to develop and implement a TPL program to ensure that Medicaid is the payor of last resort. Section 1906 of the Social Security Act (42 U.S.C. § 1396(e)) authorizes the Department to have a special program to enroll certain MA recipients into group health insurance. Both the general TPL program and the special group health insurance program have been in operation in Pennsylvania for a number of years. During this period of operation, questions have arisen as to interpretation and procedures under the Federal and state's statutes. This proposed regulation is needed to supply guidance with respect to issues not directly addressed by the Federal and state statutes, to resolve ambiguities and to fill gaps in the state statutory language. Ruth O'Brien
(717) 783-2800Medical Assistance Estate Recovery Changes
55 Pa. Code
Chapter 258January 2010, as proposed.
This regulation will incorporate additions and changes to the estate recovery program regulation that was codified in February 2003. The changes reflect modification and additions identified since implementation. These include additional and clarified definitions; inclusion of language regarding the Long-Term Care Partnership; modification of the Department's priority of claim based on a change to 20 Pa.C.S. § 3392 relating to classification and order of payment; and clarifications regarding undue hardship waivers, postponement of collection and computation of claim. Ruth O'Brien
(717) 783-2800Family-Based Mental Health Service Providers
55 Pa. Code
Chapter 5260March 2010, as proposed. This proposed regulation would establish requirements for the delivery of services, and payment of family-based mental health services for children and adolescents. Ruth O'Brien
(717) 783-2800Residential Treatment Facilities (RTF) for Mental Health Services
55 Pa. Code
Chapters 31, 1157 and ,1165September 2009, as proposed. This regulation codifies coverage for mental health services to children under 21 years of age that are provided in a residential treatment facility. This regulation was reviewed by the Medical Assistance Advisory Committee (MAAC) on 3/28/02 and again to the MAAC as well as other interested stakeholders on 4/20/06. The comments and revised regulations are under review by the Department. Ruth O'Brien
(717) 783-2800Outpatient Drug and Alcohol Clinic Services
55 Pa. Code
Chapter 1223January 2010, as proposed. This proposed regulation is needed to maintain consistency with the Department of Health licensing definitions and align these regulations with current Federal and State licensing requirements, as well as, current treatment trends. Ruth O'Brien
(717) 783-2800Integrated Treatment for Outpatient Clinics
(formerly referred to as ''Psychiatric Outpatient Clinics'')
55 Pa. Code
Chapter 5200September 2009, as proposed. These regulations would be promulgated, simultaneously with identical regulations from the Department of Health, to permit providers of drug and alcohol treatment services and mental health treatment services to obtain licenses from the Departments of Health and Public Welfare authorizing them to deliver integrated treatment on an outpatient basis to persons suffering from co-occurring psychiatric and substance use disorders. The proposed regulations would establish minimum requirements for licensure, including staffing, training, records, and other aspects required for appropriate treatment delivery. There are currently no regulations which provide for licensure of providers of integrated treatment for co-occurring disorders. Instead, facilities that wish to provide integrated treatment currently must meet all the requirements to obtain separate licenses for drug and alcohol and mental health treatment. The proposed regulations would simplify the survey and licensure process for providers. These regulations would be published pursuant to the Department's authority under Articles IX and X of the Public Welfare Code (62 P. S. §§ 901--922, 1001--1031 and 1051--1059). Ruth O'Brien
(717) 783-2800Intermediate Care Facilities for the Mentally Retarded
55 Pa. Code
Chapter 6650November 2010, as proposed. This regulation applies to private and public residential facilities receiving monies for intermediate care facilities for the mentally retarded (ICFs/MR) or intermediate care facilities for persons with other related conditions (ICFs/ORC). This regulation will include facility capacity, facility expansion, new ICF/MR development, restraints, incident management, conversion of existing ICF/MR to the Medicaid Consolidated Waiver program, medication administration, medication administration training, self-administration of medications and medication log. Ruth O'Brien
(717) 783-2800Regulatory Revisions: Adult Training Facilities; Vocational Facilities; Community Homes for Individuals with Mental Retardation; Family Living Homes
55 Pa. Code
Chapters 2380, 2390, 6400 and 6500November 2010, as proposed. The regulatory revisions will establish consistent new business practices for providers to ensure they meet the necessary health and safety needs of the individuals they serve. The regulatory revisions will also increase consistency across services and providers per Federal requirements. Ruth O'Brien
(717) 783-2800Individual Support Plans
55 Pa. Code
Chapters 2380, 2390, 6400 and 6500April 2010, as final-form. This proposed rulemaking will amend the current Individual Program Plan/Individual Written Program Plan regulations to reflect current practices and requirements related to Individual Support Plans. Ruth O'Brien
(717) 783-2800Child Care Facilities
55 Pa. Code
Chapters 3270, 3280 and 3290March 2010, as proposed. The proposed amendments to the child care facility regulations relating to professional development requirements for all child care practitioners will strengthen the child care work force and provide practitioners with the knowledge and competencies needed to provide safe and healthy care to children. The changes will increase the minimum standards for annual training hours, require minimum standards for entities that offer professional development, establish a core curriculum for practitioners and ensure the practitioners meet the professional development requirements through submission of documentation at the time of registration renewal. Ruth O'Brien
(717) 783-2800REVENUE
Support Offset and Other Personal Income Tax Provisions
December, 2009, as proposed.
This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions. Douglas Berguson
(717) 346-4633Amendments to Chapter 117. Return and Payment of Tax
November, 2009, as proposed. The proposed regulation will amend § 117.9 and add § 117.9b to reflect the Department's policy regarding the form of Pennsylvania Personal Income Tax returns. In addition, the regulation will provide clear instructions for taxpayers regarding reporting requirements. Douglas Berguson
(717) 346-4633Pennsylvania Subchapter S Corporations--Election Language
61 Pa. Code
Chapter 107aDecember, 2009, as proposed. The Department is promulgating a new rulemaking as a result of Act 2006-67, which made significant changes to how S corporations are taxed under Pennsylvania Personal IncomeTax. Douglas Berguson
(717) 346-4633Corporate Net Income Tax
61 Pa. Code, §§ 151.14, 153.54, and 153.66-- Amended ReportFebruary, 2010, as final. The proposed regulation provides a procedure for the filing of amended corporate tax reports for tax reports governed by the assessment process enacted in Act 119 of 2006. Obsolete language will be replaced. Douglas Berguson
(717) 346-4633Amendments to
61 Pa. Code
Chapters 73 and 74
Malt Beverage TaxMay, 2010, as final. The amendments to Chapters 73 and 74 codify legislative changes relating to the Malt Beverage Tax that were set forth in Act 46 of 2003. Douglas Berguson
(717) 346-4633Pennsylvania Sales and Use Tax Amendments to
61 Pa. Code § 53.1
ClothingDecember, 2009, as final. The proposed regulation will amend § 53.1 to conform with the statute, as well as amend definitions and clarify examples. Douglas Berguson
(717) 346-4633SECURITIES COMMISSION
No regulations being developed or considered at this time.
STATE Bureau of Commissions, Elections and Legislation
--Electronic Notarization Standards--
4 Pa. Code, Subpart F
(number not yet assigned)
Fall 2009, as Proposed.
The proposed regulation would establish standards for notaries to use electronic notarization. Statutory Authority: Section 22.3 of the Notary Public Law of 1953, 57 P. S. § 168.3.
Martha Brown
(717) 783-2804Bureau of Professional and Occupational Affairs
--Schedule of Civil Penalties for violations of the Clean Indoor Air Act,
49 Pa. Code
Chapter 43b
(16-46)
Fall 2009, as Proposed.
This regulation would create a schedule of civil penalties for violations of the Act of June 13, 2008 (P. L. 182, No. 27), known as the Clean Indoor Air Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. Section 5(b)(1)(ii) of the Clean Indoor Air Act, 35 P. S. § 637.5(b)(1)(ii), authorizes the Bureau to enforce the act.
Cynthia K. Montgomery
(717) 783-7200State Board of Accountancy
--Continuing Education--
49 Pa. Code §§ 11.61-11.69a
(16A-5511)
--Biennial Renewal Fees--
49 Pa. Code § 11.4
(16A-5512)
--General Revisions--
49 Pa. Code
Chapter 11
(number not yet assigned)
--Civil Penalty Schedule-- Accountants--
49 Pa. Code § 43b.10a
(16-48)
Fall 2009, as Proposed.
Fall 2009, as Final.
Fall 2009, as Proposed.
Fall 2009, as Proposed.
The regulation would amend continuing professional education requirements for licensed certified public accountants and public accountants. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.
This proposed rulemaking would increase the biennial renewal fees for certified public accountants, public accountants, public accounting firms and continuing education program sponsors. Statutory Authority: Section 6 of the C.P.A. Law, 63 P. S. § 9.6.
This proposed rulemaking would implement the amendments to the CPA Law made by the Act of July 9, 2008 (P. L. 954, No. 73). Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.
This proposed regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.
Sara Fox
(717) 783-1404State Architects Licensure Board
--General Revisions--
49 Pa. Code
Chapter 9
(number not yet assigned)
--Experience Requirement--
49 Pa. Code § 9.46
(number not yet assigned)
Spring 2010, as Proposed.
Fall 2009, as Proposed.
This regulation would provide a general update of the regulations of the State Architects Licensure Board. Statutory Authority: Section 6(a) and (d) of the Architects Licensing Law, 63 P. S. § 34.6(a) and (d).
This regulation would clarify the amount of experience a candidate must have as a prerequisite to being admitted to the license examination. Statutory Authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a).
Penny Walker
(717) 783-3397State Board of Barber Examiners
--Student Records and Curriculum--
49 Pa. Code
Chapter 3
(16A-427)
Fall 2009, as Final.
This regulation would amend the current regulations to allow for part-time attendance at barber schools; to allow for transfer of hours between a barber shop and a barber school or between barber shops regardless of whether the shop or school is in-state or out-of-state; to require shop owners and schools to submit a quarterly report of student hours to the Board; to require a shop owner, or a shop owner's designee, to notify the Board of each student to be trained in the shop. Statutory Authority: Section 15-A.4(b) of the Barbers' License Law, 63 P. S. § 566.4(b).
Hillarene Staller
(717) 783-3402
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