INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [28 Pa.B. 6359] The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, December 10, 1998, and took the following actions:
Regulations Approved:
Insurance Department #11-177: Medicare Supplement Insurance Minimum Standards (amends 31 Pa. Code Chapter 89, Subchapter K and Appendix I).
Pennsylvania State Police #17-59: DNA Detection of Sexual and Violent Offenders Act (amends 37 Pa. Code Chapters 58 and 59).
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
December 10, 1998Insurance Department--Medicare Supplement Insurance Minimum Standards; Regulation No. 11-177
Order On November 10, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the Insurance Department (Department). It amends 31 Pa. Code Chapter 89, Subchapter K and Appendix I. The authority for this regulation is found in sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S. §§ 66, 186, 411 and 412). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This rulemaking will bring the Department's Medicare supplement insurance regulation into compliance with recent amendments to the Medicare program under the Federal Social Security Act (42 U.S.C.A. § 1395ss) and the Balanced Budget Act of 1997 (P. L. 105-33). The changes implement the National Association of Insurance Commissioners Medicare Supplement Insurance Minimum Standards Model Act in Pennsylvania.
The changes will provide more choices under medical supplement insurance policies by giving Medicare beneficiaries the opportunity to try a range of managed care plans. Insurers would also have some increased flexibility, including having a choice of disclosure statements to use.
We have reviewed this regulation and find it to be in the public interest. The amendments will update the Department's regulation to conform to recent changes in Federal law and enable the Department to maintain its regulatory authority on this subject.
Therefore, It Is Ordered That:
1. Regulation No. 11-177 from the Insurance Department, as submitted to the Commission on November 10, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III ; John F. Mizner
Public Meeting held
December 10, 1998Pennsylvania State Police--DNA Detection of Sexual and Violent Offenders Act; Regulation No. 17-59
Order On October 8, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania State Police (PSP). This rulemaking amends 37 Pa. Code Chapters 58 and 59. The authority for this regulation is the DNA Detection of Sexual and Violent Offenders Act (act) (35 P. S. §§ 7651.101--7651.1102). The proposed regulation was published in the October 19, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 2, 1998.
The proposal contains the procedures for the collection, receipt and processing of DNA samples in the Database Laboratory. It also establishes procedures to access data and information in the DNA Database and DNA Databank. The proposal also repeals the existing Statement of Policy adopted in 1996 which contained interim procedures to administer the act.
We have reviewed this regulation and find it to be in the public interest. The PSP will be able to identify repeat offenders through identification of their forensic DNA profile. Further, Pennsylvania's information will be linked through the Combined DNA Identification System operated by the Federal Bureau of Investigation which will be of assistance to law enforcement agencies nationwide.
Therefore, It Is Ordered That:
1. Regulation No. 17-59 from the Pennsylvania State Police, as submitted to the Commission on November 2, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 98-2133. Filed for public inspection December 24, 1998, 9:00 a.m.]
