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PA Bulletin, Doc. No. 05-469



Actions Taken by the Commission

[35 Pa.B. 1734]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, February 24, 2005, and announced the following:

Regulation Deemed Approved under section 5(g) of the Regulatory Review Act--Effective February 23, 2005

   Pennsylvania Securities Commission #50-119: Investment Advisors; Exchange Transactions (amends 64 Pa. Code Chapters 203, 303, 304 and 404)

Regulation Approved:

   Department of Public Welfare #14-475: Personal Care Homes (amends 55 Pa. Code by replacing Chapter 2620 with Chapter 2600)

Approval Order

Public Meeting held
February 24, 2005

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, by proxy; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Department of Public Welfare--Personal Care Homes; Regulation No. 14-475

   On September 23, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code by replacing Chapter 2620 with Chapter 2600. The proposed regulation was published in the October 5, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 4, 2004. The Commission received a request from the Department on February 3, 2005, to toll consideration of this final-form regulation to make revisions based on requests from the House Health and Human Services and Senate Public Health and Welfare Committees, and this Commission. On February 11, 2005, the Department submitted its revisions to the final-form regulation to the Commission.

   This regulation is a comprehensive revision and update of the requirements and standards governing the licensing and inspection of personal care homes in the Commonwealth. The regulation includes new provisions covering residents' rights, staff qualifications and training, fire safety, medication administration and resident evaluations. The Department indicates that there are approximately 1,700 personal care homes in the Commonwealth and these facilities serve approximately 54,000 people.

   We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. §§ 211, 901--922 and 1001--1087) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.


[Pa.B. Doc. No. 05-469. Filed for public inspection March 11, 2005, 9:00 a.m.]

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