INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [31 Pa.B. 2238] The Independent Regulatory Review Commission (Commission) met publicly at 10:30 a.m., Thursday, April 5, 2001, and took the following action:
Regulations Approved:
State Board of Education #6-270: Special Education Services and Programs (amends Chapter 14 and deletes Chapter 342 of 22 Pa. Code)
Department of Health #10-160: Managed Care Organizations (amends 28 Pa. Code Chapter 9 by deleting Subchapters A, D and E and adding Subchapters F through L)
____ Commissioners Voting: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli, Dissenting; Robert J. Harbison, III, by Proxy; John F. Mizner
Public Meeting
held April 5, 2001State Board of Education; Special Education Services and Programs; Regulation No. 6-270
On August 23, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education (Board). This rulemaking amends Chapter 14 and deletes Chapter 342 of 22 Pa. Code. The proposed regulation was published in the September 2, 2000 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 5, 2001.
At its March 8, 2001, public meeting, the Commission voted to disapprove the final-form regulation. On March 15, 2001, the Board notified the Commission of its intent to revise and resubmit the regulation. On March 20, 2001, the Department submitted its report containing the revised final-form regulation to the Commission.
The regulation establishes procedures to identify students in need of special education services and describes requirements and procedures for delivery of such services. The regulation also incorporates Federal regulations at 34 CFR Part 300 by reference. Promulgation of this rulemaking is necessary for the Commonwealth to continue receiving funds under the Federal Individuals with Disabilities Education Act.
We have determined this regulation is consistent with the statutory authority of the State Board of Education (24 P. S. §§ 1-101--26-2606-B) 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 now in the public interest.
By Order of the Commission:
The report containing the revised final-form regulation is approved.
____ Commissioners Voting: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III, by Proxy; John F. Mizner
Public Meeting
held April 5, 2001Department of Health; Managed Care Organizations; Regulation No. 10-160
On December 8, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department) This rulemaking amends 28 Pa. Code Chapter 9 by deleting Subchapters A, D and E, and adding Subchapters F through L. The proposed regulation was published in the December 18, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 28, 2001. On March 20, 2001, the Commission received a request from the Department to toll consideration of this final-form regulation to make revisions based on requests from the Senate Public Health and Welfare and the House Health and Human Services Committees. On March 23, 2001, the Department submitted its revisions to the final-form regulation to the Commission.
The final-form regulation implements the provisions of Act 68 of 1998, the Quality Health Care Accountability and Protection Act, the PPO Act and the Health Maintenance Organization Act. It includes new requirements and procedures for managed care plans, insurers, health care providers and the public. It also updates existing Health Maintenance Organization regulations.
We have determined this regulation is consistent with the statutory authority of the Department of Health (40 P. S. §§ 764a(e), 1551--1567 and 991.2101--991.2193) 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.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 01-696. Filed for public inspection April 20, 2001, 9:00 a.m.]
