1256 Actions taken by the Commission

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[34 Pa.B. 3652]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, June 24, 2004, and announced the following:

Actions Taken--Regulations Approved

   Department of Public Welfare # 14-484:  MA Program Payment Policies (amends 55 Pa. Code Chapter 1150)

   Department of Agriculture # 2-116:  Application of Soil and Groundwater Contaminated with Agricultural Chemicals to Agricultural Lands (adds 7 Pa. Code Chapter 130d)

   Insurance Department # 11-215:  Standards for Safeguarding Customer Information (adds 31 Pa. Code Chapter 146c)

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Approval Order

Public Meeting held
June 24, 2004

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

Department of Public Welfare--MA Program Payment Policies; Regulation No. 14-484

   On May 14, 2004, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapter 1150. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This final-omitted regulation revises the maximum reimbursement limit paid by the Medical Assistance (MA) program for services provided by a practitioner during one hospitalization. The current reimbursement cap of $1,000 was established in 1985, and now has had the unintended effect of discouraging practitioners from treating MA recipients. This amendment gives the Department the flexibility to set payment rates above the $1,000 cap. The anticipated effect of this regulation is to give MA recipients better access to health care and to provide incentive for physicians to stay in this Commonwealth.

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

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Approval Order

Public Meeting held
June 24, 2004

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

Department of Agriculture--Application of Soil and Groundwater Contaminated with Agricultural Chemicals to Agricultural Lands; Regulation No. 2-116

   On April 10, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking adds Chapter 130d to 7 Pa. Code. The proposed regulation was published in the April 20, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 17, 2004.

   This final-form regulation establishes the procedures to apply soil and groundwater contaminated with agricultural chemicals to agricultural land, as required by Act 2 of 1995 (Act 2). This regulation only applies to contaminated soil and groundwater collected in an approved Act 2 remediation effort at an agricultural chemical facility.

   We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. § 6026.904(d)) 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.

____

Approval Order

Public Meeting held
June 24, 2004

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

Insurance Department--Standards for Safeguarding Customer Information; Regulation No. 11-215

   On September 23, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code by adding Chapter 146c. The proposed regulation was published in the October 4, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 21, 2004.

   This regulation sets up specific internal standards that companies must implement to safeguard against leaks of nonpublic personal health or financial information. The Department will use these standards when it investigates an insurer's internal procedures for safeguarding of consumer and customer information.

   We have determined this regulation is consistent with the statutory authority of the Department (40 P. S. § 1171.2 and 71 P. S. § 186) 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. 04-1256. Filed for public inspection July 9, 2004, 9:00 a.m.]