969 Actions taken by the Commission

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[31 Pa.B. 2855]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, May 17, 2001, and took the following action:

Regulations Deemed Approved Under Section 5(g) of the Regulatory Review Act--Effective May 17, 2001.

   State Board of Cosmetology #16A-458: Application Fees (adopts an amendment to its regulation at 49 Pa. Code § 7.2)

Regulations Approved:

   Department of Public Welfare #14-448: Restitution; Appeal and Fair Hearing and Administrative Disqualification Hearings; Food Stamp Discretionary Provisions (amends 55 Pa. Code Chapters 255, 275 and 501)

   Department of Public Welfare #14-449: Special MA Eligibility Provisions; Resources Provisions for Categorically Needy NMP-MA and MNO-MA (amends 55 Pa. Code by revising §§ 140.2, 140.202 and 178.2 and adding §§ 140.100, 140.305, 178.84 and 178.163)

   Department of Public Welfare #14-461: Medical Assistance Income (amends 55 Pa. Code Chapter 181)

   Insurance Department #11-197: Discounting Medical Malpractice Loss Reserves (amends 31 Pa. Code §§ 118.1--118.3 and 118.6)

   State Ethic Commission #63-7: Procedure (amends §§ 17.3--17.6 and 17.11, and adds § 21.6 in 51 Pa. Code)

   Department of Labor and Industry #12-55: Food-Service Employe Incentive Program (amends 34 Pa. Code Chapter 231)

   Pennsylvania Public Utility Commission #57-214: Universal Service Fund (amends 52 Pa. Code by adding sections to Chapter 63)

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner

Public Meeting held
May 17, 2001

Department of Public Welfare--Restitution; Appeal And Fair Hearing And Administrative Disqualification Hearings; Food Stamp Discretionary Provisions; Regulation No. 14-448

   On April 25, 2001, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapters 255, 275 and 501. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This final-omitted regulation from the Department implements a Federal directive concerning the disqualification penalty for individuals who have committed an intentional program violation of the Temporary Assistance for Needy Families (TANF), General Assistance (GA) Cash Assistance Programs or the Food Stamp Program. This final-omitted rulemaking applies to all applicants and current and former recipients for TANF, GA or the Food Stamp Program. All persons who had a disqualification pending, prior to the Federal directive, are considered to have served their disqualification.

   We have determined this regulation is consistent with the statutory authority of the Department of Public Welfare (62 P. S. §§ 201(2) and 403(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 in the public interest.

By Order of the Commission:

   This regulation is approved.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner

Public Meeting held
May 17, 2001

Department of Public Welfare--Special MA Eligibility Provisions Resource Provisions for Categorically Needy NMP-MA and MNO-MA; Regulation No. 14-449

   On April 25, 2001, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare. This rulemaking amends 55 Pa. Code by revising §§ 140.2, 140.202 and 178.2 and adding §§ 140.100, 140.305, 178.84 and 178.163. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This regulation codifies a 1993 Notice of Rule Change (NORC). The purpose of the NORC and this regulation is to adopt a less restrictive resource methodology to determine eligibility for low-income children under 21 years of age and their families in MA and GA programs. The resources of these children and their families will be excluded and will not be considered when determining eligibility for the Healthy Beginnings, Healthy Horizons, Supplement Security Income-related or Temporary Assistance for Needy Families and GA-related programs.

   We have determined this regulation is consistent with the statutory authority of the Department of Public Welfare (62 P. S. §§ 201(2) and 403(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 in the public interest.

By Order of the Commission:

   This regulation is approved.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner

Public Meeting held
May 17, 2001

Department of Public Welfare--Medical Assistance Income; Regulation No. 14-461

   On April 25, 2001, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapter 181. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This regulation eliminates the requirement that a Medical Assistance (MA) recipient enroll in the Pharmaceutical Assistance Contract for the Elderly (PACE) Program. Federal law requires the Commonwealth to consider compensable drugs as a covered service for Medically Needy Only--MA recipients receiving nursing facility services. Therefore, it is no longer necessary to require MA recipients in nursing facilities to enroll in the PACE Program.

   We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. §§ 201(2) and 403(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 in the public interest.

By Order of the Commission:

   This regulation is approved.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner

Public Meeting held
May 17, 2001

Insurance Department--Discounting Medical Malpractice Loss Reserves; Regulation No. 11-197

   On October 11, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code §§ 118.1--118.3 and 118.6. The proposed regulation was published in the October 21, 2000 Pennsylvania Bulletin with a 30-day public comment period. Under section 5(e) of the Regulatory Review Act (71 P. S. § 745.5(e)), the Department resubmitted the proposed regulation on January 25, 2001. The final-form regulation was submitted to the Commission on April 19, 2001.

   This final-form regulation amends Chapter 118 to prohibit discounting loss reserves on medical malpractice insurance policies. The regulation also establishes a period during which existing discounts will be phased out.

   We have determined this regulation is consistent with the statutory authority of the Department (40 P. S. §§ 92, 112 and 443(a)(2), and 71 P. S. §§ 66, 186, 411 and 412) 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.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner

Public Meeting held
May 17, 2001

State Ethics Commission--Procedure; Regulation No. 63-7

   On June 22, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Ethics Commission. This rulemaking amends §§ 17.3--17.6 and 17.11, and adds § 21.6 to 51 Pa. Code. The proposed regulation was published in the July 8, 2000 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 16, 2001.

   The final-form regulation updates cross-references in existing regulations and amends reporting thresholds for Statements of Financial Interest to be consistent with the reporting thresholds in the Public Official and Employee Ethics Act, as amended by Act 93 of 1998. Additionally, the regulation adds a new section relating to confidentiality that incorporates eight existing statutory exceptions and two additional exceptions in conformance with judicial case law.

   We have determined this regulation is consistent with the statutory authority of the State Ethics Commission (65 Pa.C.S. § 1107(1)) 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.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner

Public Meeting held
May 17, 2001

Department of Labor and Industry--Food-Service Employe Incentive Program; Regulation No. 12-55

   On September 27, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapter 231. The proposed regulation was published in the October 7, 2000 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 26, 2001.

   This rulemaking implements the Food-Service Employe Incentive Program mandated by Act 168 of 1998, which was an amendment to the Pennsylvania Minimum Wage Act. The regulation: defines the length of training periods for specific jobs in the food service industry; requires that participating employers maintain employe incentive accounts and provide employes with written notification of the training terms; and explains how a participating employer compensates employes that have successfully completed the training program.

   We have determined this regulation is consistent with the statutory authority of the Department (43 P. S. § 333.105a) 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.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner

Public Meeting held
May 17, 2001

Pennsylvania Public Utility Commission--Universal Service Fund; Regulation No. 57-214

   On March 7, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code by adding sections to Chapter 63. The proposed regulation was published in the March 18, 2000 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 31, 2001, but was withdrawn on February 23, 2001, prior to Commission action. This revised final-form regulation was submitted to the Commission on April 19, 2001.

   This regulation establishes rules for administration of the intrastate telecommunications Universal Service Fund (USF). The rules include responsibilities of the independent, neutral third-party administrator, the USF auditor and procedures for USF contributions and distributions. The purpose of the USF is to facilitate the transition of the local telephone market from a monopolistic to a competitive market. The USF is designed to assure that rural consumers in traditionally high cost areas maintain basic local telephone service at affordable rates.

   We have determined this regulation is consistent with the statutory authority of the Pennsylvania Public Utility Commission (66 Pa.C.S. §§ 501, 1308, 3001(1) and (2) and 3009(b)(3)) 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. 01-969. Filed for public inspection June 1, 2001, 9:00 a.m.]