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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 00-224b

[30 Pa.B. 690]

[Continued from previous Web Page]

Proposed Date for
Regulation Being Considered Promulgation Need and Legal Basis for Action Agency Contact
Hearing Aid Sales Registration 28 Pa. Code § 25.201 et seq. May 2000, as proposed. The amendments to existing regulations will prescribe continuing education requirements for hearing aid fitters and update regulations regulating hearing aid sales. Pursuant to Act 153 of 1998, amending the Hearing Aid Sales Registration Act, 35 P. S. § 6700-101 et seq. Tanya Leshko 717-783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
Pennsylvania Infrastructure Investment Authority Financial Assistance, 25 Pa. Code Chapter 963, Chapter 965, Water Pollution Control Revolving Fund Summer 2000, as proposed. The need for these amendments are twofold: First certain amendments to Chapter 963 will notify the public of certain less onerous regulatory requirements for obtaining a Letter of No Prejudice. Second, certain other amendments to existing regulations are necessary to clarify and inform the public of current agency policy, procedure and program requirements. The grant of authority to amend 25 Pa. Code Chapters 963 and 965 is set forth in Section 6(4)(i) of the Pennsylvania Infrastructure Investment Authority Act, 35 P. S. § 751.6(4)(i). Brion Johnson (717) 783-6798
 
Jayne B. Blake (717) 783-6776
INSURANCE
Allocation of Joint Expenses, 31 Pa. Code, Chapter 3, §§ 3.1--3.6 March 2000, as proposed. Repeal needs to be effective 01/01/2001 to be consistent with NAIC codified accounting practices and procedures. Peter J. Salvatore, 717-787-4429
Miscellaneous (Relating to Uniform Classification of Expenses), 31 Pa. Code, Chapter 11, §§ 11.1--11.7 March 2000, as proposed. Repeal §§ 11.4-6 and amend § 11.7 to be effective 01/01/2001 to be consistent with NAIC codified accounting practices and procedures. Peter J. Salvatore, 717-787-4429
Stock Ownership Statements, 31 Pa. Code, Chapter 21, §§ 21.1--21.103 October 2000, as proposed. Amend to update requirements relating to Stock Ownership Statements consistent with NAIC model language. Peter J. Salvatore, 717-787-4429
Proxies, Consents and Authorizations, 31 Pa. Code, Chapter 23, §§ 23.1--23.96 October 2000, as proposed. Amend to update requirements relating to Proxies, Consents and Authorizations consistent with NAIC model language. Peter J. Salvatore, 717-787-4429
Acquisitions of Capital Stock (Insurance Company Holding Law) , 31 Pa. Code, Chapter 25, §§ 25.1--25.23 July 2000, as final. Amend to be consistent with 1993 amendments to the authorizing statute and to eliminate unnecessary filing requirements Peter J. Salvatore, 717-787-4429
Advances to Mutual, Stock and Life Companies (NEW Chapter 105a) December 2000, as proposed. New regulation to address surplus notes issued by mutual stock and life companies consistent with authorizing statute adopted in 1992. Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Assigned Risk Plan, 31 Pa. Code, Chapter 33, § 33.29 July 2000, as final. Repeal current regulation and replace regulation with new chapter (31 Pa. Code, Chapter 67a) to be consistent with Pennsylvania Assigned Risk Plan Peter J. Salvatore, 717-787-4429
Surplus Lines, Chapter 35, §§ 35.1--35.22 February 2000, as final. Repeal current regulations, 31 Pa. Code, Chapters 35 (and Chapter 123) and replace with one updated regulation relating to surplus lines insurance consistent with 1992 statutory amendments. Peter J. Salvatore, 717-787-4429
Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1--37.84 July 2000, as proposed. Amend 31 Pa. Code, Chapter 37, Agent Certificates of Qualification and Broker Licenses, consistent with statutory amendments in Act 72 of 1996 and 40 of 1997. Peter J. Salvatore, 717-787-4429
Producer Licensing, 31 Pa. Code, Chapter 39, §§ 39.1--39.22 July 2000, as proposed. Amend Chapter 39 relating to continuing education for agents and brokers consistent with statutory amendments in Act 72 of 1996. Peter J. Salvatore, 717-787-4429
Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61 May 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Special Rules of Administrative, Practice and Procedure, 31 Pa. Code, Chapter 56, §§ 56.1--56.3 April 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Objections and Procedure for Hearings on Reports of Examination, 31 Pa. Code, Chapter 58, §§ 58.1--58.3 October 2000, as proposed. Repeal to eliminate outdated, unnecessary requirements consistent with the new examination law adopted in 1992 (40 P. S. §§ 323.1--323.8). Peter J. Salvatore, 717-787-4429
Cancellations and Refusal to Renew Homeowners Insurance, 31 Pa. Code, Chapter 59, §§ 59.1--59.13 June 2000, as proposed. Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies, 31 Pa. Code, Chapter 61, §§ 61.1--61.14 June 2000, as proposed. Modify regulation consistent with the statute (40 P. S. § 1008.1 et seq.). The regulations provide guidance to automobile insurers relating to cancellations and nonrenewals of certain automobile insurance policies, and the available administrative process to secure an administrative review of such terminations. Peter J. Salvatore, 717-787-4429
Uninsured Motorist Coverage, 31 Pa. Code, Chapter 63, §§ 63.1--63.3 September 2000, as proposed. Amend pursuant to Executive Order 1996-1 and pending filing before the Department. Peter J. Salvatore, 717-787-4429
Private Passenger Automobile Policy Forms, 31 Pa. Code, Chapter 64, §§ 64.1--64.14 August 2000, as final. Repeal pursuant to Executive order 1996-1. Peter J. Salvatore, 717-787-4429
Charter Amendments, 31 Pa. Code, Chapter 65, §§ 65.21--65.26 June 2000, as proposed. Amend to eliminate outdated, unnecessary provisions relating to minimum capital and surplus requirements pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21--28 May 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Pennsylvania Assigned Risk Consumer Protections, (NEW Chapter 67a) July 2000, as final. Amend pursuant to Executive Order 1996-1. This will replace 31 Pa. Code § 33.29. Peter J. Salvatore, 717-787-4429
Life Insurance Illustrations (New) June 2000, 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. Peter J. Salvatore, 717-787-4429
Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1--81.9 March 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1--82.91 July 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Disclosure in Solicitation of Life Insurance, 31 Pa. Code, Chapter 83, §§ 83.1--83.57 June 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Variable Annuity & Accumulation Contracts, 31 Pa. Code, Chapter 85, §§ 85.1--85.40 July 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Premium & Retirement Deposit Fund, 31 Pa. Code, Chapter 86, §§ 86.1--86.12 February 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42 April 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Individual Accident & Sickness Minimum Standards, 31 Pa. Code, Chapter 88, §§ 88.1--88.195 July 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Accident and Health Insurance Regulation, 31 Pa. Code, Chapter 89, §§ 89.1--89.11 and § 89.17 April 2000, as proposed. Changes will be promulgated regarding the deregulation of rates and forms filings for accident and health insurance, as a result of Act 159 of 1996. Changes will be made pursuant to the health care provisions of the Federal Health Insurance Portability and Accountability Act of 1996. Peter J. Salvatore, 717-787-4429
Preparation of Forms, etc., 31 Pa. Code, Chapter 89, §§ 89.12--89.16, 89.18--89.62 and 89.101 May 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Medicare Supplement, 31 Pa. Code, Chapter 89, §§ 89.777, 89.890 and Appendix E April 2000, as final. Amend regulation to add Medicare Select provisions. Peter J. Salvatore, 717-787-4429
Separate Accounts for Principle and Interest Guarantees, 31 Pa. Code, Chapter 90a, §§ 90a.1--90a.31 July 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Cash Advances to Insurance Companies 31 Pa. Code, Chapter 105, §§ 105.1--105.2 December 2000, as proposed. Amend to reflect statutory amendments adopted in 1992 and 1995 and to eliminate outdated, unnecessary provisions relating to cash advancements to insurance companies pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Public Adjusters, 31 Pa. Code, Chapter 115, §§ 115.1--115.8 July 2000, as proposed. The regulation was initially promulgated to clarify the requirements of public adjuster contracts. The authorizing statute, Act 72, was amended in 1983 (63 P. S. §§ 1601--1608), and the Insurance Department seeks to modify Chapter 115 to be consistent with the revised statutory language. Additionally, three sections have been proposed for deletion since they mirror the Act. Peter J. Salvatore, 717-787-4429
Discounting Workers' Compensation Loss Reserves, 31 Pa. Code, Chapter 116, §§ 116.1--116.9 July 2000, as final. Blend regulations on discounting of loss reserves into one regulation consistent with Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Discounting Medical Malpractice Loss Reserve, 31 Pa. Code, Chapter 118, §§ 118.1--118.6 July 2000, as proposed. Blend regulations on discounting of loss reserves into one regulation consistent with Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Surplus Lines, 31 Pa. Code, Chapter 123, §§ 123.1--123.63 February 2000, as final. Repeal current regulations, 31 Pa. Code, Chapters 123 (and Chapter 35) and replace with one updated regulation relating to surplus lines insurance consistent with 1992 statutory amendments. Peter J. Salvatore, 717-787-4429
Surplus Lines, 31 Pa. Code, (NEW Chapter 124, §§ 124.1--124.10) February 2000, as final. Repeal two current regulations, 31 Pa. Code, Chapters 35 and 123 and replace with one updated regulation relating to surplus lines insurance consistent with 1992 statutory amendments. Peter J. Salvatore, 717-787-4429
Management Contracts or Exclusive General Agent Agreements, 31 Pa. Code, Chapter 127, §§ 127.1--127.8 September 2000, as proposed. Amend pursuant to Executive Order 1996-1 Peter J. Salvatore, 717-787-4429
Preparation of Filing of Property and Casualty Forms for Approval, 31 Pa. Code, Chapter 133, §§ 133.1--133.12 September 2000, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Description of Reserves-- Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3 April 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1--146.10 July 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Securities Held Under Custodial Agreements, 31 Pa. Code, Chapter 148, §§ 148.1--148.4 June 2000, as proposed. Amend to eliminate unnecessary forms, add uniform requirements relating to custodial agreements and duties of custodians and update provisions relating to permissible custodians. Peter J. Salvatore, 717-787-4429
Continuing Care Providers, 31 Pa. Code, Chapter 151, §§ 151.1--151.14 December 2000, as proposed. Amend to be consistent with 1996 statutory amendments relating to the order of distribution of assets in insolvencies and to provide for the voluntary surrender of a certificate of authority. Peter J. Salvatore, 717-787-4429
Health Maintenance Organizations, 31 Pa. Code, Chapters 301, §§ 301.1--301.126 July 2000, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Underground Storage Tank Indemnification Fund--Fee Regulation, 25 Pa. Code, Chapter 971, §§ 971.1--971.4 March 2000, as proposed. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 973 and 975 into a new regulation, Chapter 977. Peter J. Salvatore, 717-787-4429
Underground Storage Tank Indemnification Fund--Fee Collections Regulation, Chapter 973, §§ 973.1--973.12 March 2000, as proposed. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 975 into a new regulation, Chapter 977. Peter J. Salvatore, 717-787-4429
Underground Storage Tank Indemnification Fund-- Voluntary Heating Oil Tank Program, 25 Pa. Code, Chapter 975, §§ 975.1--975.6 March 2000, as proposed. Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 973 into a new regulation, Chapter 977 Peter J. Salvatore, 717-787-4429
Underground Storage Tank Indemnification Fund--Claims Regulation, 25 Pa. Code, (NEW Chapter 977) March 2000, as proposed. Requires underground storage tank owners be in compliance with certain leak detection standards in order to obtain claims coverage from the Underground Storage Tank Indemnification Fund. The proposed regulation establishes requirements for owners to file such claims. This will combine most of 25 Pa. Code, Chapters 971, 973 and 975. Peter J. Salvatore, 717-787-4429
LABOR AND INDUSTRY
Workers' Compensation Bureau, Workers' Compensation Judges, and Workers' Compensation Appeal Board regulations at 34 Pa. Code Chapters 131, 121, and 111. Spring 2000, as final. These rules have not been updated in many years; they need to reflect the changes in the law and practice of workers' compensation. Thomas J. Kuzma (717) 783-4467
Work-place Safety Committee Certification; Evaluation of Accident/Illness Prevention Services & Programs of Insurers and Self-insureds; Qualifications of Accident/Illness Prevention Service Providers 34 Pa. Code Chapter 129 Spring 2000, as final. The rulemaking implements the health and safety provisions of Article X of the Workers' Compensation Act. The proposed rulemaking specifies the safety committee certification application and renewal processes, and it establishes the necessary program components and evaluation criteria for accident and illness prevention programs maintained or provided by licensed insurers and self-insured employers. In addition, the regulation ensures the uniform application of the provisions of Article X; amends sections 123.202 pertaining to the qualifications of vocational experts; and, amends section 125.133(c)(4) and 125.155 (a) of the self-insurance regulations. Len Negley (717) 772-1917
Underground Storage Facilities October 2000, as proposed. This regulation will address requirements for natural or man-made caverns used for LPG storage. James Varhola (717) 787-3329
Dry Cleaning May 2000, as proposed. Dry Cleaning Law, Act of December 19, 1990, P. L. 1327, No. 214, 35 P. S. § 1270.1 et seq. This proposal will regulate the construction, operation and maintenance of dry cleaning plants. Edward Leister (717) 787-3323
Elevators and Lifting Devices May 2000, as proposed. The new regulation will amend the current standards to include ANSI/ASME A17.1, B20.1 and other national consensus standards. There is a need to update standards to bring them in line with national standards. James Varhola (717) 787-3329
Pennsylvania Minimum Wage Act, Food Service Incentive Program Regulations Spring 2000, as proposed. The Department is required to promulgate new regulations to implement the new ''Food Service Incentive Program'' added, via amendment to the Minimum Wage Act and signed into law on December 21, 1998. Richard Lengler (717) 772-9192
Unemployment Compensation Regulations, Title 34. Labor & Industry Regulations Fall 2000, as proposed. The proposed regulation will clarify the meaning of reasonable assurance as it applies to the eligibility of the employes of educational institutions during regularly scheduled non-school periods. Under Section 402.1 of the PA UC Law, a school employe is not eligible for benefits based on school employment during a regularly scheduled non-school period when the individual performed services for a school employer prior to the break and has a reasonable assurance of performing such services following the break. Jeri Morris (717) 787-6337
Asbestos Occupations Accreditation and Certification June 2000, as proposed. Act of December 19, 1990, P. L. 05, No. 194, 64 P. S. §§ 2101--2112. This regulation established the Department's worker certification and training provider accreditation program. It also sets up training course requirements. It is based on the Environmental Protection Agency's model plan. Sharon Lawson (717) 772-3396
Uniform Construction Code (UCC) regulations. Act 45 of 1999. May 2000, as proposed. Act 45 of 1999, providing for a uniform statewide building code, requires the Dept. of L&I to promulgate regulations. Because this measure in effect repealed the Dry Cleaning Law, Elevator Law and Fire & Panic Act, the regulations pursuant to each (including those for Personal Care Homes), will be addressed through regulations for Act 45. Edward L. Leister (717) 787-3323
MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND
Payment and Collection of Fund Surcharge
31 Pa. Code §§ 242.1 et seq.
June 2000, as proposed. This regulation will clarify and update the basis upon which the Medical Professional Liability Catastrophe Loss Fund's surcharge is to be paid. The regulation will be consistent with the statute as it relates to the procedure for levying, payment and collection of the surcharge. The regulation will clarify the guidelines and requirements governing proper administrative and financial operations of the Fund, and will provide uniform procedures to be used in conducting mediation. Statutory authority 40 P. S. § 1301.701 et. seq. Kenneth J. Serafin 717-783-3770
MILITARY AND VETERANS AFFAIRS
State Veterans Home
43 Pa.Code Section 7.1 et seq.
July, 2000, 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. Eclemus Wright, Jr. 717-861-8503
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
16 Pa. Code Chapters 81, 83, 85, 87 and 91 Spring 2000, as proposed. These regulations are in the process of review as a result of Executive Order 1996-1. James B. Allen (717) 787-2065
PROBATION AND PAROLE
Definitions 37 Pa. Code, Chapters 61.1--75.4 Summer 2000, as proposed. Definitions amended pursuant to Executive Order 1996-1 and to conform to statutory changes. Vicki Wilken 717-787-6208
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this date
PUBLIC WELFARE
Child Protective Services Law 55 Pa. Code Ch. 3490 June 2000, as proposed. This regulation incorporates the amendments to the Child Protective Services Law as a result of Act 127 of 1998. The major changes include: convening of an investigative team for the investigation of suspected child abuse; increased communication between county agencies and law enforcement officials; increased requirements for multi-disciplinary teams; increasing the length of time unfounded reports are retained; and expanded reporting requirements by county agencies to law enforcement officials. Tom Vracarich (717) 783-2209
Child Day Care Services
55 Pa. Code Chs. 3271, 3281, 3291
May 2000, as proposed. This regulation is proposed in response to Governor's Executive Order 1996-1 and to strengthen health and safety requirements in the regulation. The regulation will impact child day care centers, group day care homes and family day care homes. 55 Pa. Code, Chapter 3300, Specialized Day Care Service for Children with Disabilities, will be rescinded in order to comply with the provisions of the Americans With Disabilities Act. Tom Vracarich (717) 783-2209
Medical Assistance estate recovery
55 Pa. Code Ch. 258
March 2001, as final. This regulation will codify the department's collection practices to recover correctly paid Medical Assistance from the estates of certain deceased recipients age 55 or older who receive Medical Assistance for nursing facility care, home and community based services, and related hospital prescription drug services. Changes effective August 15, 1994 and are the result of OBRA' 93, Act 1994-49, and Act 1995-20. Tom Vracarich (717) 783-2209
Continuation of Medical Assistance throughout pregnancy.
55 Pa. Code Chs. 140, 181
December 2000, as final-omitted. This regulation codifies the provision that Medical Assistance coverage will be continued for pregnant women throughout their pregnancy and postpartum period, regardless of changes in family income that occur after the authorization of MA or cash assistance. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209
Emergency Assistance Program 55 Pa. Code Chs. 141, 147, 289 September 2000, as final. This regulation eliminates the allocation of emergency assistance for housing under the cash grant line. Funding for this purpose will be transferred to the Office of Social Programs. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209
Exclusion of Resources--Medical Assistance children
55 Pa. Code Chs. 140, 178
September 2000, as final omitted. This regulation codifies the provision that resources are excluded in the Medical Assistance eligibility determination process for supplemental security income (SSI) related, general assistance (GA) related, and TANF-related persons under 21 years of age and for SSI-related, TANF-related, and GA-related families with children under 21 years of age. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209
Workfare/Community Service 55 Pa. Code Chs. 166, 275 July 2000, as proposed. The revisions clarify who may be assigned and the priority and factors to be considered in making Workfare program assignments, define responsibilities of county assistance offices and project operators regarding participation expenses and program requirements, and provide for grievance rights for Workfare recipients and regular employees. Provisions of Act 1995-20 will also be incorporated into this regulation package. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209
General Assistance Restructure--Act 1994-49
55 Pa. Code Chs. 141, 145, 147, 166, 171, 178, 181
June 2000, as final omitted. This regulation incorporates provisions of Act 1994-49 including acceptance of written verification of medical disability for chronically needy non-financial eligibility determination; 60-day residency requirement; savings designated for educational purposes; and certain medical services which are no longer compensable expenses. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209
Elimination of transitionally needy component of general assistance program
55 Pa. Code Ch. 141
June 2000, as final omitted. This regulation codifies the elimination of cash assistance payments to persons in the GA-Transitional Needy (''TN'') category. References to both the TN and chronically needy (CN) components are deleted since there is no longer a need to differentiate between GA program requirements. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209
Act 1996-35--General eligibility changes
55 Pa. Code Chs. 125, 141, 168, 171, 175, 177, 181, 183
June 2000, as final omitted. This regulation codifies statutory changes to eligibility conditions for General Assistance benefits, including the following: expanding the eligibility determination period to 30 days; establishing a period of residency; imposing ineligibility periods based on welfare fraud convictions; limiting Medically Needy Only/Medical Assistance (''MNO/MA'') eligibility to certain groups; and revising the methodology used to determine eligibility for retroactive MNO/MA. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209
Elimination of PACE requirement
55 Pa. Code Ch. 181
October 2000, as final-omitted. This regulation codifies the elimination of the deduction from income for the PACE program and the mandate to enroll in the PACE program as required by Title XIX. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209
Real property liens
55 Pa. Code Chs. 101, 121, 177, 183, 257, 297
December 2000, as proposed. This regulation codifies the elimination of the requirement that applicants who own real property, including mobile homes, which are used as their primary residence, will no longer be required to sign a lien encumbering their residence as a condition of eligibility for cash assistance. The Department intends to rescind 55 Pa. Code Chapter 257, regarding Reimbursement. Instead, the Department will propose a new chapter governing reimbursement policy for cash assistance recipients and applicants who own personal property. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209
Criminal history
55 Pa. Code Chs. 125, 133, 141
December 2000, as final-omitted. This regulation incorporates the Act 1995-20 provision that prohibits the granting of assistance to any person sentenced for a felony or misdemeanor who has not satisfied the penalty imposed by law by having completed the period of incarceration and by paying all fines, costs, and restitution. Act 1996-35 expands the satisfied penalty requirement to include compliance with an approved payment plan. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209
Act 1996-35--Provisions Effective March 3, 1997
55 Pa. Code Chs. 105, 125, 133, 140, 141, 145, 151, 153, 165, 168, 177, 178, 181, 183, 187, 255
August 2000, as final-omitted. This regulation incorporates provisions of the TANF program implemented 3/3/97 by NORC including establishing RESET; requiring applicants and recipients to enter into an agreement of mutual responsibility with the department; and further defining Title IV-D cooperation requirements and procedures for TANF and GA applicants and recipients. Act 1996-35 provisions applicable to the TANF program may not be implemented until federal approval is received. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209
Medical support rights
55 Pa. Code Ch. 187
December 2000, as proposed. This regulation will require Medical Assistance applicants/ recipients to assign their medical support rights to the Commonwealth and apply for Title IV-D support services as conditions of eligibility. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups. Tom Vracarich (717) 783-2209

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