INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [28 Pa.B. 1901] The Independent Regulatory Review Commission met publicly at 11 a.m., Tuesday, April 7, 1998, and took the following actions:
Regulations Approved:
Department of Public Welfare # 14-424: Medical Assistance Income (amends 55 Pa. Code Chapter 181)
Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
April 7, 1998Department of Public Welfare--Assistance Income; Doc. No. 14-424
Order On March 13, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (DPW). This rulemaking amends 55 Pa. Code Chapter 181. The authority for this regulation is found under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. §§ 201(2) and 403(b)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
Under this amendment, the Veterans Affairs aid and attendance benefit received by a Medical Assistance (MA) recipient in a nursing facility will not be counted as income when determining the amount of income a recipient is expected to pay toward his cost of care in a nursing facility.
We have reviewed this regulation and find it to be in the public interest. In response to both a Court Order issued by the United States District Court for the Eastern District of Pennsylvania, and a written directive from the Department of Health and Human Services, DPW is required to promulgate this regulation to continue receiving Federal funding for the MA Program. By order of the Court, the regulation must also be applied retroactively to March 1, 1991.
Therefore, it is Ordered That:
1. Regulation No. 14-424 from the Department of Public Welfare, as submitted to the Commission on March 13, 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. 98-611. Filed for public inspection April 17, 1998, 9:00 a.m.]
