1/3/07 N.Y. St. Reg. Regulatory Agenda

NY-ADR

1/3/07 N.Y. St. Reg. Regulatory Agenda
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 1
January 03, 2007
REGULATORY AGENDA
 
DEPARTMENT OF AGRICULTURE AND MARKETS
Pursuant to subdivision 1 of section 202-d of the State Administrative Procedure Act, notice is hereby provided of the following rules which the Department of Agriculture and Markets is considering proposing but for which a rule making proceeding has not been commenced. All section and Part references are to Title 1 of the New York Code of Rules and Regulations.
DIVISION OF MILK CONTROL AND DAIRY SERVICES
Parts 2 & 3 Consider amending requirements for the production, processing and distribution of milk and milk products.
Section 2.8 Consider amending the pasteurized milk and pasteurized cultured product standards to include a zero tolerance standard for pathogenic coliform.
Part 17 Consider adoption of current federal standards of identity for milk and milk products.
Name of agency contact: Will Francis
Office Address: 10B Airline Drive, Albany, New York 12235
Telephone number: 518-457-1772
DIVISION OF ANIMAL INDUSTRY
Part 45 Consider adoption of federal standards (UM & R) for avian influenza control except where state regulations are more stringent.
Parts 53 & 62 Consider amending to allow certain livestock to enter the state without a certificate of veterinary inspection under specific conditions.
Parts 53 & 62 Consider amending import requirements for cattle, deer, goats and llamas to delete bluetongue test requirements; delete anaplasmosis test requirements for all species except cattle; delete brucellosis and tuberculosis test requirements for goats; and adopt federal standards (UM & R) for testing of deer.
Part 60 Consider adoption of federal standards (UM & R) for tuberculosis testing for cattle, bison, swine, goats, and deer.
Part 61 Consider adoption of record keeping requirements for swine, cervid, camelid, goat, and sheep dealers and sanitation and record keeping requirements for poultry transporters.
Part 63 Consider adoption of Pseudorabies and Brucellosis import testing requirements for feral or transitional swine.
Part 75 Consider adoption of requirements for participation in the Animal Population Control Program by veterinary practices, shelters, and dog and cat owners.
Section 351.6 Consider amending the animal health requirements for admission to fairs to require all cattle presented for admission to a fair to be accompanied by proof of a negative test for bovine viral diarrhea; and to delete the pullorum testing requirements for poultry.
Name of agency contact: Dr. John Huntley
Office Address: 10B Airline Drive, Albany, New York 12235
Telephone number: 518-457-3502
AGRICULTURAL PROTECTION AND DEVELOPMENT SERVICES
Part 390 Consider amending the agricultural and farmland protection planning grant program to include municipalities as eligible applicants.
Name of agency contact: Bill Kimball
Office Address: 10B Airline Drive, Albany, New York 12235
Telephone number: 518-457-7076
BUREAU OF WEIGHTS AND MEASURES
Sections 220.3, 220.4, & 220.12 Consider amending methods for collecting unpaid device testing fees and increasing fees for services.
Part 221 Consider adopting national standards, based on “NIST Handbook 130,” for commodity labeling and methods of sale for foods and consumer commodities under the Department's jurisdiction.
Section 224.3 Consider adopting standards for alternative fuels produced from biological sources such as biodiesel, blend stock ethanol, and alternative fuels such as E85 and E75.
Part Consider adopting regulations to implement Chapter 665 of the Laws of 2006, relative to retail pricing accuracy.
Name of agency contact: Ross Andersen
Office Address: 10B Airline Drive, Albany, New York 12235
Telephone number: 518-457-3146
DIVISION OF FOOD SAFETY AND INSPECTION
Part 257 Consider amending requirements for the manufacture and distribution of commercial feed to exempt certain commercial feed manufacturers from facility registration requirements.
Part 271 Consider amending sanitation requirements for retail food stores to correspond with changes to the 2005 FDA Food Code.
Part Consider adopting regulations to implement Chapter 665 of the Laws of 2005, relative to the establishment of a food safety education certification program.
Name of agency contact: Joseph Corby
Office Address: 10B Airline Drive, Albany, New York 12235
Telephone number: 518-457-4492
DIVISION OF PLANT INDUSTRY
Section 95.3 Consider amending seed germination testing provisions to conform with Agriculture and Markets Law § 137.
Section 95.9 Consider amending to add seeds of additional weeds and undesirable grasses to the list of noxious weed seeds.
Section 96.12 Consider amending seed sampling procedures to conform with the Federal Seed Act.
Part 131 Consider amending the Pine Shoot Beetle Quarantine to add Columbia, Orange and UIster Counties.
Part 139 Consider amending the Asian Long Horned Beetle quarantine area to include areas within 1.5 miles of any newly detected infested trees.
Part 140 Consider adopting regulations to establish a European wood wasp quarantine.
Name of Agency Contact: Robert Mungari
Office Address: 10B Airline Drive, Albany, New York 12235
Telephone number: 518-457-2087
SOIL AND WATER CONSERVATION COMMITTEE
Part 363 Consider adoption of performance standards to be applied in regard to state assistance payments to soil and water districts.
Name of Agency Contact: Ronald Kaplewicz
Office Address: 10B Airline Drive, Albany, New York 12235
Telephone number: 518-457-3738
BANKING DEPARTMENT
First Half 2007
The New York State Banking Department is planning to seek comments on the following regulatory proposals:
1. Amendments to Part 14 of the General Regulations of the Banking Board (Investments in Corporations by Banks and Trust Companies) pertaining to investments by banks in subsidiary corporations, to cover various additional investments, such as investments in limited liability companies, joint ventures, trusts and minority-ownership investments; as well as review and possible updating of prior and after-the-fact notice procedures in Part 14.
2. Addition of new Part 115 to the General Regulations of the Banking Board and new Part 416 to the Superintendent's Regulations, requiring the Department to consider money laundering compliance in all chartering, licensing, merger, change in control and branching applications filed with the Department.
3. Addition of new Part 116 to the General Regulations of the Banking Board and Part 417 to the Superintendent's Regulations, requiring institutions licensed or chartered by the Department to maintain Bank Secrecy Act and OFAC compliance programs.
4. Amendments to Part 38 of the General Regulations of the Banking Board (Definition of Terms; Advertising; Application and Commitment Disclosures and Procedures; Improper Conduct under Article 12-D) to eliminate the definitions of full service branch and loan solicitation branch, add definitions of application and net branch, clarify disclosure requirements and requirements for branches, and add the specific prohibition against “dual employment” to the list of Prohibited Conduct. There also would be an accompanying proposal to amend Part 410 of the Superintendent's Regulations (Mortgage Bankers: Licensing Requirements; Mortgage Brokers: Registration Requirements; Branch Applications: Notifications: Books and Records; Annual Reports; Surety Bonds; and Consultants of Licensed Mortgage Bankers and Registered Mortgage Brokers) and to make corresponding amendments to Supervisory Procedures MB 101, 102, 103 and 104. It is also proposed to amend Part 413.3 of the Superintendent's Regulations (Procedures and Requirements for Mortgage Brokers to act as FHA Mortgage Loan Correspondents) to make it clear that the corporate surety bond required as a precondition of Department approval to make FHA insured mortgage loans is in addition to any other bond requirement imposed by the Banking Law or otherwise. A corresponding amendment to Supervisory Procedure MB 106 is also proposed.
5. Amendments to Part 16 of the General Regulations of the Banking Board (Certain Mergers and Acquisitions of Assets involving Banking Institutions) regarding interstate transactions.
6. Amendment to Part 6 of the General Regulations of the Banking Board implementing the wild card authority to adopt the capital definitions used by federally chartered entities.
7. Amendments to Part 82 of the General Regulations of the Banking Board (Alternative Mortgage Instruments) to increase the loan-to-value ratio of up to 103% on alternative rate mortgage instruments to achieve parity with national banks.
8. Amendments to Part 6 of the General Regulations of the Banking Board regarding wildcard action concerning the number of board meetings for savings banks and savings and loan associations.
9. Amendments to Part 6.5 of the General Regulations of the Banking Board regarding self-certification of investments in community development entities or projects to achieve parity with OCC regulations.
10. Amendments to Parts 80, 82, 84, and 96 of the General Regulations of the Banking Board (Mortgage Lending) regarding making appraisal requirements consistent with federal appraisal requirements.
11. Amendments to Part 406 of the Superintendent's Regulations (Money Transmitters) to establish new reporting requirements for licensed money transmitters in order to provide the Department with more timely information on the business activities and financial status of the licensees.
12. Amendments to Parts 38, 80, 82 and 84 of the General Regulations of the Banking Board to decrease unnecessary regulatory burden while ensuring that consumer protections are not diminished.
13. Adoption of a new Part 6.11 of the General Regulations of the Banking Board implementing the wild card authority to permit New York State chartered banking institutions to invest in bankers' banks.
14. Amendments to Part 73 of the General Regulations of the Banking Board simplifying notice requirements for electronic facilities established or shared by banking organizations.
15. Amendments to the regulations, supervisory policies and supervisory procedures of the Department to reflect the revised licensing and application fees resulting from the enactment of Section 18-a of the Banking Law.
16. Amendment to Part 38 of the General Regulations of the Banking Board to clarify that the copy of the pre-application disclosures maintained by a mortgage broker must be dated by the applicant as well as signed by the applicant.
17. Amendments to Part 38 of the General Regulations of the Banking Board to revise the required disclosures to allow for ARMs, to provide for consistency in the disclosure of information for mortgage bankers acting as mortgage brokers, etc.
18. Amendments to Parts 80 and 82 of the General Regulations of the Banking Board to remove the maximum amount on the junior lien mortgage loans and alternative mortgage instruments to which they apply.
Contact Person: Sam L. Abram, Secretary of the Banking Board, One State Street, New York, NY 10004, (212) 709-1658.
OFFICE OF CHILDREN AND FAMILY SERVICES
REGULATORY PROPOSALS
Pursuant to subdivision 1 of section 202-d of the State Administrative Procedure Act (SAPA), notice is hereby provided of the following rules, which the Office of Children and Family Services (OCFS) is considering proposing but for which a rulemaking proceeding has not been commenced. The public is welcome to send written comments on the OCFS Regulatory Agenda to the contact person at the end of this list.
Below is a brief description of the regulations, by subject matter, that are under review by OCFS:
General Administrative Regulations
Amending the regulations regarding health screening for prospective and current employees having regular and substantial contact with children in programs licensed or supervised by OCFS. Bureau of Special Hearings
Amending the regulations governing the procedures used in hearings conducted by the Bureau of Special Hearings pursuant to Articles 2, 5, 6 and 7 of the Social Services Law.
Child Care Services
Amending the regulations governing the operation, licensing and registration of day care programs to make minor technical changes.
Child Welfare Services
Child Protective Services
Amending the regulations regarding child protective investigations in relation to notice to law enforcement of certain reports of suspected child abuse or maltreatment and joint investigation by a child protective service with law enforcement or a multi-disciplinary team of certain reports of suspected child abuse or maltreatment.
Amending the regulations regarding mandatory training for child protective services caseworkers and supervisors.
Foster Care
Amending the regulations to permit Court Appointed Special Advocates to obtain foster and preventive records of a child under certain circumstances.
Amending the regulations to add provisions authorizing OCFS to impose fiscal penalties against voluntary child care agencies operating residential foster care programs for the failure to comply with licensing and operating standards.
Amending the regulations to revise the provisions governing reimbursement for and the purchase of child welfare services.
Amending the regulations to revise the standards for the provision of adolescent services.
Amending the regulations regarding foster family boarding homes to require safety plans for the safe evacuation of children and adults in the case of fire or other emergencies.
Amending the regulations regarding residential care for children in areas including behavior support, crisis prevention and intervention, privacy and searches, and unauthorized absences.
Amending the regulations regarding residential foster care programs concerning overnight supervision.
Amending the regulations regarding residential foster care programs to ban smoking by adolescents in such residences.
Amending the regulations regarding Supervised Independent Living Programs.
Amending the regulations to clarify health service standards for children in foster care.
Foster/Adoption
Amending the regulations to provide for expedited home studies regarding prospective foster and adoptive parents who are being considered as resources for foster children from out-of-state and from a different county within New York State; to increase the frequency of casework visits with foster children placed out-of-state; and to require authorized agencies to seek child protective services information from other states regarding a person applying for approval as an adoptive parent and any other person who resides with the applicant where such applicant or other person resided in the other state within five years of the application for approval.
Amending the regulations regarding criminal history reviews in relation to Federal Bureau of Investigation criminal history database checks for prospective foster and adoptive parents, and persons over 18 years of age currently residing in the homes of such prospective parents.
Adoption
Amending the adoption subsidy regulations to exempt adoption subsidy payments made on behalf of a child who is later placed in foster care from child support enforcement collection when such an exemption is in the best interests of the child.
Amending the regulations to require the continuation of adoption facilitation activities while a foster child is in an Office of Mental Retardation and Developmental Disabilities (OMRDD) or Office of Mental Health (OMH) facility.
Amending the adoption subsidy regulations to address the issue of the ability to pay adoption subsidies to persons who are approved as adoptive parents without having been previously approved as foster parents.
Amending the regulations regarding discharge to adoption to expedite permanent placements for children.
Detention Services
Amending the regulations regarding juvenile detention facilities to establish cost standards and reporting requirements for secure and non-secure detention programs.
Amending the regulations regarding juvenile detention facilities to provide for a methodology to assess the need for new juvenile detention capacity as a criterion for issuing operating certificates.
Amending the regulations regarding secure and non-secure juvenile detention facilities pertaining to the implementation of fiscal sanctions for non-compliance with juvenile detention regulations and the provision of administrative hearings to challenge enforcement actions taken by OCFS.
Juvenile Justice Residential Services
Amending the regulations to clarify the status of, and procedures necessary for, youth who are away without leave from a facility operated by OCFS.
Amending the regulations regarding telephone calls to and from, the sending and receiving of mail by, and visitation to, residents of facilities operated by OCFS.
Amending the regulations regarding resident rules to define more clearly prohibitions against gang-related behavior.
Amending the regulations governing Good Behavior Allowances for juvenile offenders.
Amending the regulations regarding disciplinary actions in OCFS-operated secure facilities to modify the penalty structure and time in which a resident may appeal his or her penalty.
Amending the regulations regarding confidentiality for youth in OCFS facilities.
Domestic Violence
Amending the regulations regarding residential programs for victims of domestic violence regarding the disclosure of the location or address of a domestic violence shelter, pursuant to Social Services Law section 459(h).
Protective Services for Adults
Amending 18 NYCRR Part 457 regarding Protective Services for Adults to clarify that social services district staff are authorized under law to have access to financial information from banks concerning adult protective services clients without the need of consent from the client for the purpose of determining if the client is the victim of financial exploitation.
Amending 18 NYCRR Part 489 regarding Family Type Homes for Adults concerning admission standards, supervision, furnishings and equipment, safety procedures, personnel and special needs functions.
Any written questions or comments concerning the items listed in this agenda should be directed to:
Kathleen R. DeCataldo, Esq.
Director of Legislation and Special Projects
Office of Children and Family Services
52 Washington Street, Room 135N
Rensselaer, NY 12144
(518) 473-9551
Email address: [email protected]
EDUCATION DEPARTMENT
Pursuant to section 202-d of the State Administrative Procedure Act, the State Education Department presents its regulatory agenda for calendar year 2007. All section and part references are to Title 8 of the New York Code of Rules and Regulations. The State Education Department reserves the right to add, delete or modify, without further notice, except as required by the State Administrative Procedure Act, any item or information presented herein as relating to the 2007 Regulatory Agenda.
OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
Proposed repeal of section 100.8 of the Regulations of the Commissioner of Education relating to the issuance of a local high school equivalency program for experimental programs.
Proposed amendment of section 100.7 of the Commissioner's Regulations to add a provision relating to the National External Diploma Program to the requirements for the New York State High School Equivalency Diploma.
Proposed repeal of section 175.43 of the Commissioner's Regulations relating to the Operating Standards Aid Plan.
Proposed amendment of Part 117 of the Commissioner's Regulations relating to the diagnostic screening of pupils.
Proposed amendment of section 100.2(x) of the Commissioner's Regulations relating to the education of homeless children.
Proposed amendment of Part 154 of the Commissioner's Regulations relating to the New York State English as a Second Language Achievement Test (NYSESLAT).
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above proposed amendments by contacting:
Jean C. Stevens
Interim Deputy Commissioner
New York State Education Department
Office of Elementary, Middle, Secondary and Continuing Education
89 Washington Avenue
Room 875 EBA
Albany, New York 12234
(518) 474-5915
OFFICE OF HIGHER EDUCATION
Amendment to Part 27 of the Regents Rules relating to the economic eligibility criteria for non-public institutions of higher education and to the economic eligibility criteria for the City University of New York's SEEK and College Discovery programs and the State University of New York's Educational Opportunity Program.
Amendment to Part 52 to provide for waivers of certain regulations in declared emergencies.
Amendment to Part 80 of the Commissioner's Regulations, relating to reciprocity of classroom teaching certificates issued by other states.
Amendment to Part 52 and Part 80 related to the requirements for teacher certification in Special Education.
Amendment to Part 87 of Commissioner's Regulations relating to oral arguments.
Amendment of Regents Rules and Part 80 of Commissioner's Regulations to establish a Committee on the Teaching Profession to determine substantial compliance with certification requirements in extraordinary circumstances.
Amendment of Subpart 4-2 of Regents Rules, relating to a revised fee structure for Regents Accreditation of Teacher Education (RATE).
Amendment of Subpart 4-2 of Regents Rules, relating to revised appeal provisions for Regents Accreditation of Teacher Education (RATE).
Amendment to Part 80 of Commissioner's Regulations to correct errors, provide clarity, and make other minor technical adjustments.
Amendment to Part 30 of Commissioner's Regulations to designate a tenure area for each of the several teacher certificate titles that did not exist prior to February 2, 2004.
Amendment to Part 50 to clearly define and differentiate remedial and developmental coursework from credit-bearing college coursework.
Amendment to Part 52 to strengthen admissions policies to ensure prospective college students have accurate information on the college, job placement, and/or transfer opportunities necessary to make educated enrollment decisions.
Amendment to Part 52 related to requiring higher education institutions that accept students who do not have a high school diploma or a GED, demonstrate that before accepting these students, they successfully pass an Ability to Benefit (ATB) examination that is appropriate for college-level programs offered at the institution.
Amendment of Part 80 related to the renewal of initial certificates in the classroom teaching service and the educational leadership service.
Proposed amendment of Section 8 NYCRR 100.2(dd) and Part 80, relating to changes in the district professional development plan to account for changes in regulations related to the certification of school leaders.
Agency Representative
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Johanna Duncan-Poitier
Deputy Commissioner
New York State Education Department
Office of Higher Education and Office of the Professions
89 Washington Avenue
West Wing, Second Floor Mezzanine — EB
Albany, New York 12234
(518) 474-3862
OFFICE OF THE PROFESSIONS
Amendment to section 3.57(b) of the Regents Rules, conferring the Doctor of Medicine degree, to eliminate the requirement of three years of licensed practice.
Amendment to Part 17 of the Regents Rules to conform to the new three member panel law.
Amendment to Part 18 of the Regents Rules relating to the provision of services to nurses with substance abuse problems.
Amendment to Part 24 of the Regents Rules relating to the application period for the restoration of professional licenses.
Amendment to Part 24 of the Regents Rules relating to the waiver of citizenship requirement for licensure in veterinary medicine, dentistry, dental hygiene and pharmacy.
Amendment to Part 24 of the Regents Rules relating to the approval by the committee on the professions of three-year limited licenses in dentistry, dental hygiene, veterinary medicine, veterinary technology, and pharmacy.
Amendment to Part 29 of the Regents Rules relating to the packaging and dispensing of certain pharmaceuticals and electronic recordkeeping in pharmacies.
Amendment to Part 31 of the Regents Rules relating to the prohibition against illegal practice.
Amendment to Part 52 and Subparts 79-13, 79-14 and 79-15 of the Commissioner's Regulations relating to registered programs and education requirements for licensure in the clinical laboratory practitioner professions.
Amendment to Part 64 of the Commissioner's Regulations relating to the administration of non-patient specific orders.
Amendment to Part 66 of the Commissioner's Regulations relating to continuing education in the practice of optometry in the area of therapeutic pharmaceutical agents.
Amendment to Part 70 of the Commissioner's Regulations relating to licensure and experience requirements in Certified Public Accountancy.
Amendment to Part 73 of the Commissioner's Regulations relating to education and examination requirements for licensure in chiropractic.
Amendment to Part 74 of the Commissioner's Regulations relating to supervision requirements, in addition to deleting grandparent provisions, in social work.
Amendment to Part 75 of the Commissioner's Regulations relating to education and experience standards for speech-language pathology and audiology.
Amendment to Part 76 of the Commissioner's Regulations relating to the supervision of occupational therapy assistants.
Amendment to Part 79 of the Commissioner's Regulations relating to experience and supervision requirements in the Mental Health Professions.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Johanna Duncan-Poitier
Deputy Commissioner
New York State Education Department
Office of Higher Education and Office of the Professions
89 Washington Avenue
West Wing, Second Floor Mezzanine — Education Building
Albany, NY 12234
(518) 474-3862
OFFICE OF VOCATIONAL AND EDUCATIONAL SERVICES
FOR INDIVIDUALS WITH DISABILITIES
Amendments to sections 200.1–200.16 and Part 201 of the Commissioner's Regulations relating to definitions, board of education responsibilities, committees on special education, evaluations, development and implementation of the Individualized Education Program (IEP), procedural due process, continuum of services, the provision of education services to preschool students with disabilities and discipline provisions as may be required to conform to amendments to the federal regulations implementing the Individuals with Disabilities Education Act of 2004.
Amendment to sections 200.1 and 200.6(d) through (h) of the Commissioner's Regulations relating to the continuum of special education services.
Amendment to sections 200.2(d), and 200.6(i) and 200.16(c) of the Commissioner's Regulations relating to a school district placement of a student with a disability in an in-state or out-of-state school.
Amendment to sections 200.2 and 200.16 of the Commissioner's Regulations relating to the role of school districts in providing special education services and programs to preschool children in accordance with Education Law section 4410(2).
Amendment to sections 200.4 and 200.5 of the Commissioner's Regulations to mandate the format for required special education forms and notices and the individualized education program (IEP).
Amendment to section 200.4(c) to establish the criteria to determine if a student is a student with a learning disability.
Amendment to section 200.4(h) of the Commissioner's Regulations repealing the notice requirement to a parent when a student is not entitled to receive free educational services or remain in a residential educational program after the age of twenty-one or upon receipt of a high school diploma.
Amendment to section 200.7 of the Commissioner's Regulations relating to the approval process for private schools for reimbursement with public funds.
Amendment to section 200.9 of the Commissioner's Regulations relating to rate-setting and tuition rates for approved programs for students with disabilities.
Amendment to Part 200 of the Commissioner's Regulations relating to the provision of special education services to students with disabilities enrolled by their parents in nonpublic schools.
Amendment to Parts 246 and 247 of the Commissioner's Regulations relating to the vocational rehabilitation program operated pursuant to Title I of the Rehabilitation Act, as may be appropriate in order to conform to possible changes made when Congress reauthorizes that act this year.
Agency representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Rebecca Cort
Deputy Commissioner
New York State Education Department
Office of Vocational and Educational Services for Individuals with Disabilities
One Commerce Plaza, Room 1606
Albany, New York 12234
(518) 474-2714
OFFICE OF CULTURAL EDUCATION
Amendments to Parts 185 and 188 of the Commissioner's Regulations relating to Local Government Records Management and State Agency Records Management to update and correct various requirements affecting the management of records, including revising technical language, removing outdated requirements, updating the list of State agencies paying annual fixed fees for records management services, authorizing local governments to dispose of paper original or micrographic copies of records having a retention period of ten years or more when those records are replaced by digitized images, and authorizing local governments to use locally-developed records retention and disposition schedules in lieu of or in conjunction with schedules issued by the Commissioner provided that the consent of the Commissioner for the use of those locally-developed schedules is obtained.
Agency Representative: Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:
Christine Ward
Acting Deputy Commissioner for Cultural Education
New York State Education Department
New York State Archives
Room 9C49
Cultural Education Center
Albany, New York 12230
(518) 474-6926
Amendment to Part 90 of the Commissioner's Regulations relating to library and library system programs and services.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:
Janet M. Welch
State Librarian and Assistant Commissioner for Libraries
New York State Education Department
Office of Cultural Education
Room 10C34
Albany, NY 12230
(518) 474-5930
OFFICE OF MANAGEMENT SERVICES
Amendment to the Commissioner's Regulations pursuant to the Electronic Signatures in Global and National Commerce Act (P.L. 106-229) relating to performance standards to ensure accuracy, record integrity and accessibility of records that are required to be retained.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:
David Walsh
Chief Information Officer
New York State Education Department
Office of Management Services
89 Washington Avenue
Room 121 EB
Albany, New York 12234
(518) 486-1702
Amendment to the Commissioner's Regulations relating to school district payments to charter schools for educational costs, pursuant to section 102 of Part H of Chapter 83 of the Laws of 2002.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:
Burt Porter
Director of Education Finance
New York State Education Department
89 Washington Avenue
Room 139 EB
Albany, New York 12234
(518) 486-2422
Amendment to the Commissioner's Regulations to conform to Chapter 91 of the Laws of 2002 and Chapter 123 of the Laws of 2003, relating to New York City School District governance.
Amendment to Part 113 of the Commissioner's Regulations relating to the powers and duties of the New York City Board of Education in determining certain appeals.
Amendment to Parts 275 and 276 and section 100.2(y) of the Commissioner's Regulations relating to procedures for appeals to the Commissioner pursuant to Education Law section 310.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Kathy A. Ahearn
Counsel and Deputy Commissioner for Legal Affairs
New York State Education Department
89 Washington Avenue
Room 112 EB
Albany, New York 12234
(518) 474-6400
OFFICE OF STATE REVIEW
Amendment to section 279.1 relating to cross reference to statutory provisions for state-level review of hearings for students with disabilities.
Amendment to section 279.2 relating to timeline for serving and filing a Notice of Intention to Seek Review, and Petition for Review; clarification of purpose of Notice of Intention to Seek review; clarification that parent must be personally served by a petitioning district; and adding notice of certification requirement.
Amendment to section 279.3 pertaining to change of filing address and where copies of regulations may be obtained.
Amendment to section 279.4 relating to petition as the pleading that initiates review and determines timeliness of appeal; to clarify that personal service is required; and sufficiency of content.
Amendment to section 279.6 relating to new matters raised in answer.
Amendment to section 279.7 relating to failure to properly verify a pleading.
Amendment to section to 279.8 relating to length of answer that includes cross appeal, table of authorities, non-compliance with form requirements; and clarifying requirement that pleadings be signed consistent with 22 NYCRR 130-1.1a(a).
Amendment to 279.9 relating to content of record; electronic filing of record; certification of record and clarification that section 279.9(b) refers to complete record.
Amendment to section to 279.10 pertaining to extensions of time to answer or reply; length of extensions permitted; additional evidence; and to update cross reference to 200.5.
Amendment to section 279.11 pertaining to calculating date of mailing and type of mail.
Amendment to section 279.12 relating to parties receiving copies of state review officer's decisions.
Amendment to section 279.13 relating to service of petition for review.
Addition of section 279.14 allowing OSR to return hearing records to LEA when a petition for review is withdrawn or not perfected.
Addition of section 279.15 relating to scope of jurisdiction.
Addition of section 279.16 relating to right to judicial review.
Addition of section 279.17 relating to dismissal of any petition or other pleading, or memorandum for failure to conform with the requirements of 279.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Paul F. Kelly
Assistant Counsel and State Review Officer
Office of State Review
80 Wolf Road, 2nd Floor
Albany, New York 12203
(518) 485-9373
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Air Resources
6 NYCRR Part 200, General Provisions. Part 200 will be amended to incorporate the federal regional haze provisions for best available retrofit technology (BART) and to incorporate the national emission standards for hazardous air pollutants (NESHAPS) adopted by the US EPA since July 1, 2003. Contact (BART): Robert Bielewa, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. Contact (NESHAPS): Edward Pellegrini, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Part 201, Permits and Registrations. Part 201 contains the basic application and permitting requirements for the construction, operation and modification of air contamination sources within the state. It is expected that Part 201 will be revised in the coming year. The purpose of the revisions will be to improve implementation by removing dated requirements, clarify permitting and application requirements, including those dealing with exemptions and capping, adding and/or amending definitions, and correcting typographical errors. In addition, Part 201 will be modified in connection with the Prevention of Significant Deterioration (PSD) and New Source Review (NSR) rule making (Part 231) to ensure consistency between the regulations. Contact: Michael Styk, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: (518) 402-8403. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Part 202. The existing regulation will be amended to reinsert a provision which provides the authority to the Commissioner to suspend, revoke or deny a facility's authority to operate, in any case where the facility fails to comply with the requirement to submit an acceptable report of measured emissions within a stated time. Contact: Randy Orr, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8401. E-mail: [email protected]. ny.us Please include the Part number when emailing.
6 NYCRR Part 210, Emissions and Labeling Requirements for Personal Watercraft Engines. The existing regulation will be amended to adopt California emissions provisions and standards for spark-ignition marine engines including outboard, inboard and stern drive marine engines. Contact: Joseph Iannotti, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255. Telephone: 518-402-8292. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Part 212, General Process Emission Sources. The existing regulation will be amended to incorporate new procedures for the State's Air Toxic's program. Part 212 will be separated into two Subparts: Subpart 212-1 and Subpart 212-2. Subpart 212-1 will incorporate the current Part 212 requirements for the control of pollutants with federal and state ambient air standards, such as particulate, sulfur dioxide, etc., from process sources. Subpart 212-2 will control toxic air pollutants, which are not subject to Federal regulation, on a facility-wide basis. Contact: Thomas Gentile, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3259. Telephone: 518-402-8402. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Part 215, Open Fires. The existing rule will be amended to update waste definitions, extend the ban on open burning of residential waste to all towns, and to introduce procedures to allow but limit “Live Fire” training evolutions conducted by fire departments. Contact: Greg LaBarge, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Part 217, Motor Vehicle Emissions. The existing regulation will be amended to include revisions to the heavy duty diesel vehicle I&M test procedures and to reflect the adoption of Part 248, allowing for retrofitted vehicles to be exempt from annual testing. Contact: Anthony Tagliaferro, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255. Telephone: 518-402-8292. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines. The existing regulation will be amended to incorporate revisions California has made to its emission control program; and to otherwise update various incorporation by reference citations included in the LEV program, and to include California Warranty and Recall provisions. Contact: Jeff Marshall, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255. Telephone: 518-402-8292. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Part 220, Portland Cement Plants. Part 220 is being revised to require updated NOx RACT plans and controls. Part 220 is also being revised to include federal best available retrofit technology provisions for affected sources. Contact: Rick Leone, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. Email: [email protected] Please include the Part number when emailing.
6 NYCRR Part 222, Distributed Generation. This is a new regulation to establish emission standards for distributed generation. Contact: John Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Subpart 225-1, Fuel Composition and Use — Sulfur Limitations. The existing regulation will be modified to lower the sulfur content of distillate fuel oil for all stationary sources (including home heating) and stationary internal combustion engines. In addition to sulfur content, this regulation will be updated to conform with the requirements of 6 NYCRR Part 201 Permits and Registrations. Contact: Mike Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Subpart 225-3, Fuel Composition and Use — Gasoline. The existing regulation will be amended to lower the maximum allowable summertime gasoline volatility as a control measure for complying with the federal eight-hour ozone National Ambient Air Quality Standards. Regulation of other gasoline properties that affect emissions of ozone precursors, and opting upstate counties into the federal reformulated gasoline program may also be considered. Contact: David Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany NY 12233-3255. Telephone: 518-402-8292. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Subpart 225-4, Fuel Composition and Use — Diesel Fuel. The existing regulation, which regulates diesel fuel sulfur content, will be amended to regulate additional diesel fuel properties that affect emissions of ozone precursors as a control measure for complying with the federal eight-hour ozone National Ambient Air Quality Standards. Contact: David Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany NY 12233-3255. Telephone: 518-402-8292. E-mail: [email protected]. ny.us Please include the Part number when emailing.
6 NYCRR Subpart 227-2, NOx RACT. Subpart 227-2 is being revised to include new emission limitations for coal, oil and gas fired boilers at major facilities throughout the State. Contact: Michael Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8396. E-mail: [email protected] Please include the Subpart number when emailing.
6 NYCRR Subpart 227-3, Pre-2003 Nitrogen Oxides Emissions Budget And Allowance Program. The existing rule will be repealed as it has been superceded by Part 204. New Subpart 227-3 is being proposed to include NOx emission limitations at minor facilities. Contact: Michael Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Subpart number when emailing.
6 NYCRR Part 228, Surface Coating Processes. The existing rule will be amended to include new volatile organic compounds emissions standards for industrial adhesives. Contact: Edward Pellegrini, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Part 230, Gasoline Dispensing Sites and Transport Vehicles. The existing rule will be amended to update and clarify testing requirements for gasoline dispensing sites (gas stations). The regulation will also require certification of companies that perform the tests and prior notification to the department for each test. Contact: Gary McPherson, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Part 232, Dry Cleaning. The existing regulation that was adopted April 30, 1997 will be updated to provide for administrative streamlining. Contact: Stephen Johnson, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Part 234, Graphic Arts. The existing rule will be amended to include revised volatile organic compounds emissions standards flexible packaging printing, offset lithographic printing and letterpress printing. These revisions are being made to comport with the September 2006 control technique guidelines developed by the US EPA. Contact: John Henkes, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Part 235, Consumer Products. The existing regulation that was adopted October 10, 2002 and amended October 22, 2004 will be updated to implement additional Volatile Organic Compound (VOC) product content limits. Contact: Arthur Robinson, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected]. state.ny.us Please include the Part number when emailing.
6 NYCRR Part 239, Portable Fuel Containers and Spouts. The existing regulation that was adopted October 4, 2002 will be updated to apply to kerosene cans and utility jugs in addition to traditional gas cans. Contact: Ona Papageorgiou, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected]. ny.us Please include the Part number when emailing.
6 NYCRR Part 240, Determining Conformity of Transportation Plans, Programs and Projects. The existing regulation will be revised to address amendments to the Federal Transportation Conformity rule (69 FR 40004). Contact: Michael Sheehan, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@ gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 241, Determining Conformity of General Federal Actions to State Implementation Plans. This is a new regulation to require that general federal actions, other than transportation plans, programs and projects which are subject to Part 240, be evaluated for their conformance with the provisions of the State Implementation Plan to achieve and maintain ambient air quality standards, and to meet the requirements of the federal Clean Air Act. Contact: Michael Sheehan, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected] Please include the Part number when emailing.
6 NYCRR Part 242, CO2 Budget Trading Rule. This is to establish a new regulation that will form the New York State component of an interstate, regional CO2 emissions budget and allowance trading program that will apply to electric generating units with a capacity of at least 25 megawatts. Contact Michael Sheehan, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. Email: [email protected] Please include the Part number when emailing.
6 NYCRR Parts 243, 244, and 245, Clean Air Interstate Rule. These Parts will adopt three separate portions on the federal Clean Air Interstate Rule (CAIR). Part 243 will be an ozone season NOx rule, 244 will be an annual season NOx rule and 245 will be an annual SO2 rule. New York is required to adopt these three rules in order to comply with federal requirements. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw. dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 247, Outdoor Wood-Fired Hydronic Heaters. This is a new regulation to establish siting and stack height criteria and/or emission standards for outdoor wood-fired hydronic heat systems. Contact: David Gardner, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected]. ny.us Please include the Part number when emailing.
6 NYCRR Part 248, Use of Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Diesel Vehicles. This regulation will be proposed to implement the Diesel Emissions Reduction Act of 2006, establishing requirements for diesel vehicles owned or operated by or on behalf of State Authorities and Agencies. Contact: Joseph Iannotti, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255. Telephone: 518-402-8292. E-mail: [email protected] Please include the Part number when emailing.
DIVISION OF ENVIRONMENTAL PERMITS
6 NYCRR, Part 617, State Environmental Quality Review Act (SEQR). The Division of Environmental Permits proposes to amend this Part to: make changes to the Environmental Assessment Forms (EAF's); enable electronic submission and dissemination of environmental impact statements. The EAF's are “model” forms, which are used by almost all state and local agencies in the conduct of an environmental review under SEQR, appear as appendices to Part 617. Experience has shown that the forms have provided good service, but they could be improved. In particular, the forms need to be revised to provide a better basis for addressing administrative actions such as land use planning and the promulgation of regulations. Additionally, some of the information critical to making a proper environmental analysis of a physical project could be better organized. Questions need to be added to these forms to address emerging issues such as economic development zones, quality communities, and environmental justice. Also, the proposed amendment will revise the forms to eliminate the need for a separate form for a determination of significance. Electronic submission of EIS's will enable broader dissemination of EIS's than is possible by hard copy. Further, enabling electronic submission would allow all lead agencies to more readily meet the new demands of Ch. 641 of L. 2005, “EIS on the Web”. In addition, the Department may include general revisions, updates or minor corrections. Contact: Robert Ewing, NYS Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany NY 12233-1750. Telephone: 518-402-9158. E-mail: [email protected]
6 NYCRR Part 638, Green Building Tax Credit (GBTC). The Division of Environmental Permits proposes to amend 6 NYCRR Part 638 to update the green building tax credit regulations: Legislated changes — the Budget Bill of 2005 modified the existing GBTC legislation and added an additional $25 million in credits to be given out through 2016, existing regulations will be modified to reflect any changes per this legislation. Other changes will include: updates to make the regulations consistent with the 2002 NYS Energy Construction Conservation Code; updates to make the regulations consistent with the 2003 NYS Uniform Fire Protection and Building Code; clarification of the language regarding carbon monoxide alarms; eligibility for the refrigerant tax credit component for refrigeration equipment that uses refrigerants that is based upon language from the United States Green Building Council LEED Green Building Rating System for New Construction & Major Renovations (LEED®-NC) Version 2.2, Energy & Atmosphere Credit 4: Refrigerant Selection; other changes as the Department deems necessary. Contact: Dennis J. Lucia, NYS Department of Environmental Conservation, Division of Environmental Permits, 4th Floor, 625 Broadway, Albany, NY 12233-1750. Telephone: 518-402-9469. E-mail: [email protected]
6 NYCRR Part 608, Protection of Waters. The Division of Environmental Permits in conjunction with the Division of Fish, Wildlife and Marine Resources, and the Division of Water proposes to update the Protection of Waters regulations. These regulations were last amended in 1994. Updates will be made to the section regarding docks, platforms, and moorings including marinas and boathouses to clarify what facilities are regulated by the department, to change the thresholds for dams and impoundment structures that was change by legislation in 1999 including the dam safety thresholds, to provide for temporary modifications to impoundment structures to allow for increased water retention times, and to revise and update mean high water elevations listed in the regulation. Contact: Charles B. Gardner, NYS Department of Environmental Conservation, Division of Environmental Permits, 4th Floor, 625 Broadway, Albany, NY 12233-1750. Telephone: 518-402-9154. E mail: [email protected]
DIVISION OF ENVIRONMENTAL REMEDIATION
6 NYCRR Part 612.3, Petroleum Storage Facilities Registration Fees. The Department proposes to amend this Part to reflect legislative changes to ECL Article 17, Title 10 in relation to increases in petroleum bulk storage registration fees. Contact: Ted Bennett, NYS Department of Environmental Conservation, 625 Broadway, 12th Floor, Albany, NY 12233-7012. Telephone: 518-402-9741. E-mail: [email protected]
6 NYCRR Part 570, Permitting of Liquified Natural Gas (LNG) Facilities. The Department proposes to develop and promulgate regulations covering the safe siting and operation of LNG facilities, and recommends incorporation by reference of existing nationally recognized standards (National Fire Prevention Association, NFPA 57, 59A). Contact: Cynthia Freedman, NYS Department of Environmental Conservation, 625 Broadway, 11th Floor, Albany, NY 12233-7020. Telephone: 518-402-9543. E-mail: [email protected]
DIVISION OF FISH, WILDLIFE AND MARINE RESOURCES
6 NYCRR Part 2, New section to implement legislation (Chapter 706 of the Laws of 2005) which changed the legal status of certain reptiles and amphibians. Contact: Gordon R. Batcheller, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. Email: [email protected]. state.ny.us
6 NYCRR Part 2, Migratory game birds. Amendment of this regulation is necessary to conform with federal regulations for hunting migratory game birds. Contact: Gordon R. Batcheller, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. E-mail: [email protected]. state.ny.us
6 NYCRR Part 6, Beaver and otter trapping seasons and bag limits. Amendment of this regulation is necessary to provide appropriate seasons and bag limits for the management of these species. Contact: Gordon R. Batcheller, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. Email: [email protected]
6 NYCRR Part 6, General regulations for trapping beaver, otter, mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten. Amendment of this regulation is necessary to improve and update trapping regulations. Contact: Gordon R. Batcheller, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. Email: [email protected]
6 NYCRR Part 10, Recreational Fishing. Amendments to regulations pertaining to the management of diadromous fishes in the Hudson and Delaware Rivers to maintain compliance or consistency with any Fishery Management Plans developed by the Atlantic States Marine Fisheries Commission or pursuant to the Federal Sustainable Fisheries Act for such species and to maintain the health of such stocks. Changes to the regulations to comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. Contact: Stephen W. Heins, NYS Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Te l ephone: 631-444-0435. E-mail: [email protected]
6 NYCRR Part 11, Hudson River Commercial Fishing. Amendments to regulations pertaining to the management of diadromous fishes in the Hudson River in order to maintain compliance or consistency with any Fishery Management Plans developed by the Atlantic States Marine Fisheries Commission or pursuant to the Federal Sustainable Fisheries Act for such species and to maintain the health of such stocks. Changes to the regulations to comply with the requirements of Environmental Conservation Law regarding the management of Anadromous species. Contact: Stephen W. Heins, NYS Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: [email protected]
6 NYCRR Part 35, Licenses. Establish new reporting requirements for certain inland commercial fishery license holders, consistent with those in Part 40 for the same regulated species. Establish regulations setting up a commercial eel permit with reporting requirements state-wide (Parts 40 and 35). Contact: Stephen W. Heins, NYS Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: [email protected]
6 NYCRR Part 40, Marine Fish. Amend regulations pertaining to the management of marine and diadromous fishes to maintain compliance or consistency with any Fishery Management Plans developed by the Atlantic States Marine Fisheries Commission or pursuant to the Federal Sustainable Fisheries Act for such species and to maintain the health of such stocks. Make changes to the regulations to comply with the requirements of Environmental Conservation Law regarding permits, permit fees and management of marine and anadromous species. Make changes to the regulations related to reporting, requiring foodfish license holders to complete Vessel Trip Reports at the time and point of landing. Make changes to the regulations creating a definition for Proof of Residency and establishing the requirement for providing such proof of residency when obtaining marine license and permits. Make changes to the regulations to prohibit the possession of fish when tending lobster gear within 500 feet of an artificial reef. Make changes to the regulations governing traps or pots related to escape vents, panels, marking and location restrictions to achieve consistency among gear types. Make changes in the striped bass and summer flounder commercial fishing special regulations to replace qualifications for permits with an acceptable substitute for 50% of earned income and tax records. Make changes in the summer flounder commercial fishing special regulations to add language for re-qualification similar to that in the striped bass commercial fishing special regulations. Establish a marine license apprenticeship program. Change the regulations to make reporting requirement language consistent for managed marine species. Establish regulations setting up a commercial eel permit with reporting requirements state-wide. Change the regulations to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession is covered statewide. Make changes to the tautog regulations to comply with pending Amendment IV to the Tautog Fishery Management Plan and combat illegal commercialization. Make changes to the shipping, labeling and packing requirements to require harvester's Fishing Vessel Trip Report numbers on labels for quota managed species. Make changes to clarify provision for records retention by food fish shippers and dealers. Contact: Stephen W. Heins, NYS Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: [email protected]
6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. As necessary, make changes in the classification of shellfish lands to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified. Designation of shellfish lands that meet criteria as certified for the taking of shellfish. Contact: William Hastback, NYS Department of Environmental Conservation, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Meade Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0475. E-mail: [email protected]
NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management. Amend regulations pertaining to the management of surfclams and ocean quahogs that are consistent with the provisions of Fishery Management Plans adopted by the department. All amendments may describe changes to permit requirements and eligibility, harvest limits, gear restrictions, record keeping, and reporting requirements. Contact: Maureen Davidson, NYS Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0496. E-mail: [email protected]
6 NYCRR Part 44, Crustaceans. Amend regulations pertaining to the management of lobsters and crabs, including horseshoe crabs, consistent with any Fishery Management Plans developed for the species, to maintain the health of such species, and to prevent the introduction of exotic crustacean species. Make changes to regulations to comply with requirements of Environmental Conservation Law related to reporting, licensing, permitting and management of such species. Add new regulations placing a time limit on unattended gear. Add new regulations establishing areas and seasons for dredging for crabs. Add new regulations establishing limited entry for the horseshoe crab fishery, a fee for permits, elimination of the by-catch and recreational possession provisions, and establishing a system for verifying landings data. Amend the regulations to make reporting requirement language consistent with that in Part 40. Amend the regulatory definition of V-notch. Add new regulations to provide for endorsement of crab permits to vessels, consistent with lobster permit provisions. Contact: Stephen W. Heins, NYS Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0435. E-mail: [email protected]
6 NYCRR Part 49, Shellfish Management. Adopt regulations for the management of hard clams, soft or steamer clams and razor clams as provided for in recently enacted legislation (Chapter 394, Laws of 2006). The management measures include provision for size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility, recordkeeping and identification requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale. Contact: Debra Barnes, NYS Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0483. E-mail: [email protected]
6 NYCRR Part 49, Shellfish Management. Adopt regulations to address the requirement of ECL Section 13-0325 that requires the culling of clams when taken. Contact: Maureen Davidson, NYS Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0496. E-mail: [email protected]. ny.us
6 NYCRR Part 187, Miscellaneous black bear regulations. Amendment of this regulation is necessary to protect public health and safety by prohibiting feeding of black bears, and to provide for the training of hounds used to control black bear damage to farms. Contact: Gordon R. Batcheller, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. E-mail: [email protected]
6 NYCRR Part 662, Freshwater Wetlands Interim Regulations. This rule making will repeal this regulation. Part 662 was in effect during the early years of the freshwater wetlands program, prior to regulatory maps being filed by the Commissioner. In 1995 the last map, outside the Adirondack Park, was filed, making the regulation obsolete. Contact: Patricia Riexinger, NYS Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY, 12233-4756. Telephone: 518-402-8848. E-mail: [email protected]
6 NYCRR Part 663, Freshwater Wetlands Permit Requirements Regulations. This rulemaking will update the procedural requirements for various activities, clarifying whether they are exempt or jurisdictional under Freshwater Wetlands Act, and the level of compatibility those activities have for permit standards. Changes will also include additional clarification regarding the permit standards and compensatory mitigation. These changes are needed to update the regulation, which has been virtually unchanged in over 25 years. Contact: Patricia Riexinger, NYS Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY, 12233-4756. Telephone 518-402-8848. E-mail: [email protected]
6 NYCRR Part 664, Freshwater Wetlands Mapping and Classification Regulations. This rulemaking will make changes to how wetlands are mapped and classified, to reflect greater understanding of the science of wetlands and of the state's resources, and to update this rule, which is over 25 years old. In addition, there will be changes to facilitate more efficient map amendments where errors are detected on the maps. Contact: Patricia Riexinger, NYS Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY, 12233-4756. Telephone 518-402-8848. E-mail: [email protected]. state.ny.us
OFFICE OF HEARINGS AND MEDIATION SERVICES
6 NYCRR Part 622, Uniform Enforcement Hearing Procedures. The Office of Hearings and Mediation Services proposes to clarify procedures governing default procedures and motions for order without hearing, and make various typographical, technical and related corrections throughout. Contact: James T. McClymonds, Chief Administrative Law Judge, NYS Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, NY 12233-1550. Telephone: 518-402-9003. E-mail: [email protected]
6 NYCRR Part 624, Permit Hearing Procedures. The Office of Hearings and Mediation Services proposes to amend the procedures governing appeals of administrative law judge rulings, clarify the procedures governing motion practice, establish procedures governing trade secrets and other confidential information in adjudicatory hearings, revise certain definitions and make various typographical, technical and related corrections. Contact: Louis A. Alexander, NYS Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 14th Floor, Albany, NY 12233-1010. Telephone: 518-402-8537. E-mail: [email protected]. state.ny.us
DIVISION OF LANDS AND FORESTS
6 NYCRR Part 190, Use of State Lands. Amend Section 190.13, Wilderness Areas in the Adirondack Park. These regulations will protect the natural resources in the Dix Mountain Wilderness Area from overuse by applying restrictions to camping and rock climbing. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. Telephone: 518-473-9518. E-mail: [email protected]
6 NYCRR Part 190, Use of State Lands. Amend Section 190.13, Wilderness Areas in the Adirondack Park. These regulations will protect the natural resources in the Giant Mountain Wilderness Area from overuse by applying restrictions to camping. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. Telephone: 518-473-9518. E-mail: [email protected]
6 NYCRR Part 190, Use of State Lands. Amend Section 190.0 (10) by adding Indian Lake Islands administrative camping area to the list of facilities covered by the regulations. A new section 190.7(21)(g) will also be added to provide DEC with the legal authority to enforce campground rules which include requiring all campers to register, limiting the number of people per site and the length of stay, establishing quiet hours and prohibiting the discharge of firearms. In addition, a new Subdivision will be added to 6NYCRR 190.13 to protect the natural resources in the Siamese Ponds Wilderness Area from overuse by applying restrictions to camping. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. Telephone: 518- 473-9518. E-mail: [email protected]
6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels and Aircraft in the Forest Preserve. Amend Section 196.4, Operation of Mechanically Propelled Vessels and Aircraft in the Forest Preserve. This regulation will prohibit the public use of floatplanes on Lows Lake. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany NY 12233-4254. Telephone: 518-473-9518. E-mail: [email protected]
6 NYCRR Part 190, Use of State Lands. Adoption of new Section 190.14, Prohibition of Motorized Equipment on Wilderness areas. These regulations will prohibit the use of motorized equipment in wilderness areas in the Adirondack and Catskill forest preserve, with certain exceptions. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. Telephone: 518-473-9518. E-mail: [email protected]
6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels and Aircraft in the Forest Preserve. Amend Section 196.7, Operation of Bicycles in the Adirondack Forest Preserve. This regulation will implement Adirondack Park State Land Master Plan guidelines for bicycle use. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. Telephone: 518-473-9518. E-mail: [email protected]
6 NYCRR Part 190, Use of State Lands. Adoption of a new Section 190.15, Public Use of Camp Santononi Historic Area. These regulations will protect historic structures and the landscape of the Camp Santononi Historic Area through management of public use. Contact: Charles Vandrei, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. Telephone: 518-402-9428. E-mail: [email protected]
6 NYCRR Part 190, Use of State Lands. Adoption of a new Section 190.36, Submerged Heritage Preserves in Lake George and Lake Champlain. These regulations are needed to protect underwater resources, such as shipwrecks and other submerged archaeological sites that are of recreational, aesthetic, and educational value, as well as regulate access to these sites, and create safe diving conditions. Contact: Charles Vandrei, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. Telephone: 518- 402-9428. E-Mail: [email protected]
6 NYCRR Part 190, Use of State Lands. Adopt a new section to 6NYCRR Part 190 to Facilitate the Management of the Otter Creek Trail System Assembly Area. These regulations will be used to effectively manage this area. Contact: Tom Wolfe, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. Telephone: 518-402-9428. E-mail: [email protected]
6 NYCRR Part 190, Use of State Lands. Adopt a new section 190.34, Use of Stewart State Forest. These regulations will implement the following on the Stewart State Forest: restrict public access during big game hunting season; prohibit public motor vehicle use after dark during the big game hunting season; prohibit camping except by permit; prohibit campfires except at designated campsites; prohibit public use of all-terrain vehicles; restrict public motor vehicle speeds to 15 mph; prohibit possession of pistols, revolvers and rifles; prohibit the use of gasoline-powered motors on all ponds. Contact: Tom Wolfe, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. Telephone: 518- 402-9428. E-mail: [email protected]
6 NYCRR Part 190, Use of State Lands. Amend Section 190.8 to Add regulatory provisions to protect natural resources, enhance public safety and to more clearly define Department management authority. Proposed regulations include provisions relating to the Department's authority to close certain roads, trails and/or other areas in regard to certain public uses to protect public safety or natural resources, prohibit gas powered motors on water bodies as identified on a list, to provide for the closure of certain trails on State forests to bicycle use, to restrict the use of snowmobiles to Department designated roads and trails; and, to prohibit the storage or abandonment of personal property on State lands. Contact: Tom Wolfe, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. Telephone: 518-402-9428. E-mail: [email protected]
6 NYCRR Part 190, Use of State Lands. Adoption of a new section 190.10(d), Salmon River Falls Unique Area. These regulations are needed for the purpose of public protection. They will prohibit public use of the area from dusk to dawn, seasonally close the gorge trail, and prohibit hunting from this 112 acre parcel. Contact: Tom Wolfe, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. Telephone: 518-402-9428. E-mail: [email protected]
6 NYCRR Part 194, Forest Practices. Amend Section 194.3 and adopt a new Section 194.4. These regulations will formalize existing guidelines for prescribed fire management activities. Contact: Tom Wolfe, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. Telephone: 518-402-9428. E-mail: [email protected]. state.ny.us
6 NYCRR Part 190, Use of State Lands. Adopt new regulations to establish the means and method for the creation of voluntary outdoor recreation and trail maintenance pins and patches, their administration, sale and distribution, the fee for and other matters relating to such voluntary pins and patches. Contact: S. McCrea Burnham, NYS Department of Environmental Conservation, Division Direction, 625 Broadway, Albany, NY 12233-4250. Telephone: 518-402-9405. E-mail: [email protected]
6 NYCRR Part 192, Forest Insect and Disease Control. Adopt a new Section 192.3, Control of Sirex Noctilio. These regulations may be necessary to protect pine resources from an expanding infestation of the introduced woodwasp, Sirex Noctilio. It may also be necessary to promulgate regulations to prevent the shipment of Sirex Noctilio infested pine materials out of the infested portions of the State and into other non-infested areas of the country. Contact: Bruce Williamson, NYS Department of Environmental Conservation, Bureau of Private Land Services, 625 Broadway, Albany, NY 12233-4253. Telephone: 518-402-9425. E-mail: [email protected]
DIVISION OF LAW ENFORCEMENT
6 NYCRR Part 640, Uniform Appearance Ticket. The Department proposes to amend the regulations governing the Uniform Appearance Ticket (UAT) issued by officers of the Division of Law Enforcement for violations of the Environmental Conservation Law. Revisions are necessary to update the description of the UAT to reflect the Department's adoption of the State Department of Motor Vehicle's Simplified Information/Complaint. Contact: G. Stephen Hamilton, NYSDEC, Division of Environmental Enforcement, 625 Broadway, Albany, New York 12233- 5500. Telephone: 518-402-9507. E-mail: [email protected]
DIVISION OF SOLID AND HAZARDOUS MATERIALS
6 NYCRR Part 360, Solid Waste Management Facilities. This rule making will include technical amendments, clarifications, as well as legal and policy developments. Changes to all portions of the Part 360 series are expected, including Parts 364 and 369. The rulemaking will also incorporate solid waste management activities or waste streams that are not currently addressed within Part 360, including automobile dismantlers, dredge materials, biohazard incident waste, and flowable fill. The information contained in the current Part 360 will be subdivided into different parts to better organize solid waste topics, and will make future revisions to specific topics less burdensome. Contact: Melissa Treers, NYS Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8678. E-mail: [email protected]
6 NYCRR Part 360 or 370 series, Labeling of Mercury-Added Consumer Products. These regulations will implement section 27-2103 of the Environmental Conservation Law, adopted by the State Legislature pursuant to Chapter 145, Laws of 2004. The law requires that mercury-added consumer products sold or offered for sale in this State by a distributor or retailer shall be labeled by the manufacturer for mercury content and proper disposal. Contact: Christine Barnes, NYS Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8705. E-mail: [email protected]
6 NYCRR Parts 370 and 372, Performance Track Rule. This rule making will amend Parts 370 and 372 of the hazardous waste management regulations to incorporate federal changes that allow members who belong to both USEPA's National Environmental Performance Track (NEPT) and the New York Environmental Leaders (NYEL) program to increase the amount of time they can store hazardous waste. The rule making will be proposed once the NYEL program is established. Contact: Paul Counterman, NYS Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 12233-7251. Telephone: 518-402-8612. E-mail: [email protected]
6 NYCRR Part 380 Series, Radioactive Materials Regulations. This rule making will amend the part 380 series radioactive materials regulations to incorporate federal changes from nine federal rules published from August 16, 1991 through September 21, 1998, including the NRC's license termination rule. In addition, several corrections and revisions not related to the federal rules will be done including: clarifying the regulations in a number of areas such as standards for issuance of a Part 380 permit and language in the variance provision, elimination of redundant provisions, and deletion of obsolete provisions. Contact: Barbara Youngberg, NYS Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 12233-7258. Telephone: 518-402-8579. E-mail: [email protected]
DIVISION OF WATER
6 NYCRR Parts 608, 621 and 673 will be amended to implement Chapter 364, Laws of 1999, to expressly require all owners of dams — whether or not subject to DEC permit under ECL Section 15-0503 — to operate and maintain such structures in a safe condition.
These regulations will set forth a dam safety program based on the requirements of Chapter 362. Chapter 364 provides relief from permitting requirements for the construction and repair of small dams while updating, clarifying and strengthening New York State regulations regarding dams and structures which impound waters, and shifts the Department of Environmental Conservation's focus and resources from the permitting of small dams, which pose negligible safety risks, to the proper maintenance, repair, and emergency planning for dams which pose greater risks to public safety.
Part 608, (Use and Protection of Waters) will be amended to make changes to permit application procedures and requirements for the construction or alteration of dams and impoundment structures, as well as permit application review by DEC Staff. Part 621 (Uniform Procedures) will be amended to eliminate “minor” dam projects.
Part 673, (Dam Safety Regulations) will be amended to be consistent with the Chapter 364 regarding dam owner responsibilities and Department oversight, including provisions for mandatory operation and maintenance plans, mandatory emergency action plans for high hazard and intermediate hazard dams, financial security conditions for high hazards dams, and mandatory inspection requirements for high hazard and intermediate hazard dams. The revisions will also include mandatory penalties for failure to file the plans, failure to enact the plans, or falsification of records required under the plans. Contact: Kenneth Markussen, Bureau Director, Bureau of Flood Protection and Dam Safety, Division of Water, 625 Broadway, Albany, NY 12233-3504. Telephone: 518-402-8185. E-mail: [email protected]
6NYCRR Part 485, SPDES Program Fees. The SPDES program fees were changed in 2004 through amendments to the ECL Part 72-0602. The associated regulations in Part 485 have not been promulgated so as to be consistent. Contact: Al Fuchs, Acting Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402-9029. E-mail: [email protected]
NYCRR Part 750, State Pollutant Discharge Elimination System (SPDES) Permits. A five year review of Part 750 has resulted in a number of minor revisions being necessary to correct typographical errors, and update references. In addition, minor revisions are necessary to incorporate new federal criteria and standards. Contact: Al Fuchs, Acting Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402-9029. E-mail: [email protected]
The New York State Department of Environmental Conservation maintains an updated regulatory agenda on its website at http://www.dec.state.ny.us/website/regs/regagenda.html
DEPARTMENT OF HEALTH
The following rules are under consideration for submission as a Notice of Proposed Rule Making during the calendar year January 2007:
DESCRIPTION OF THE RULE SUBJECT MATTER
Title 10 NYCRR (Health)
2.1 Reportable communicable disease — Addition of lymphogranuloma venereum and chancroid as reportable diseases.
2.1 and 2.5 Reportable Communicable Diseases — Addition of vibriosis, Vancomycin-intermediate resistant Staphylococcus aureus (VISA), Vancomycin-resistant Staphylococcus aureus (VRSA), Shiga toxin-producing Escherichia coli (STEC), transmissible spongiform encephalopathy (TSE), and varicella as reportable diseases.
2.14 Communicable Diseases — Rabies regulations will be updated to be consistent with changes enacted to the Public Health Law in December 2002. The regulations will provide new definitions, and clarification of requirements for reporting, authorization of treatment, release of information, confinement and observation, exceptions to euthanasia and testing, and animal vaccinations.
2.19 Reporting Cases or Suspect Cases of Communicable Disease by Laboratories — Utilization of the Electronic Clinical Laboratory Reporting System (ECLRS) by laboratories to meet their public health reporting requirements for Communicable Disease reporting.
2.58 Communicable Diseases — Update regulation to extend to all reptiles rather than being limited to turtles, to reflect current understanding of potential sources of disease. Revise regulation to include a requirement for pet shops to provide written warnings at the point of sale. Amend to specify warnings posted at display sites where reptiles are not for sale but may be handled by the public.
5-1 Public Water Systems — Amend to incorporate mandatory federal regulations to improve control of microbial pathogens (LT2ESWTR) while limiting risks associated with the formation of and exposure to disinfection byproducts (Stage 2 D/DBP); revising the provisions applicable to variances and exceptions; updating provisions pertaining to control of lead and copper in public water supply systems; and updating and clarifying specific code references.
5-1 Public Water Systems — Amend to incorporate mandatory federal regulations to protect against microbial pathogens in drinking water from ground water sources.
5-6 Bottled and Bulk Water Standards — Modify to be consistent with FDA standards.
6-1 Swimming Pools — Update pool design standards reflecting new technologies and amend regulations for supervision and safety requirements.
7-1 Temporary Residences — Amend to remove campground specific requirements contained in 7-1.60, which are now contained in a separate Subpart 7-3. Amend and update fire safety requirements to reflect statewide applicability of the Uniform Fire Prevention and Building Code to new construction.
7-2 Children's Camp — Amend Camp Aquatic Director qualifications contained in Section 7-2.5 (e) and Camp Health Director qualifications in 7-2.8 to clarify and update minimum experience, certification, and training needed to hold the position. Incorporate PHL requirements pertaining to the screening of camp employees through the State Sex Offender Registry.
7-4 Mass Gatherings — Create new Subpart to include the provisions for mass gatherings currently included as part of Subpart 7-1. Revise various sections to better address crowd control, camping and installation and maintenance of services and facilities.
8 Nuisances — Modify to address current needs/concerns of local health departments.
11 Qualifications of Public Health Personnel — This section of the Code provides job titles and minimum job qualifications for local health department personnel. The Code, last updated in 1979, will be updated to ensure that minimum qualifications for the positions of public health director, public health nurse, health educator, and environmental health titles are appropriate to meet the infrastructure needs of effective local public health systems.
14-1, 14-2, 14-4, 14-5 Food Protection — Modify requirements and create a more user-friendly document; exempt certain operators and rescind certain provisions, address legislative mandate regarding food worker training courses.
16 Ionizing Radiation — Add/amend requirements for standards for decommissioning, reporting, transportation, definitions and human research to be compatible with federal regulations and replace outdated requirements. Clarify the requirements for reporting of misadministrations. Revise reporting requirements to be consistent with NYPORTS. Update quality assurance requirements. Update equipment requirements for dental x-ray facilities. Includes basic quality control requirements for dental x-ray films, and requirements for computed tomography units used for maxillofacial and/or dental examinations. Consolidate Part 16 with Code Rule 38.
17 Mobile Home Parks — Update regulations and consider revision.
19 Limited Testing Site Directors — Establish qualifications for directors of clinical laboratories that limit their services to CLIA-designated waived tests and provider-performed microscopic procedures; establish qualifications for directors of clinical laboratories that limit forensic toxicology services to use of Department-waived initial testing methods; and revise qualifications for directors of comprehensive clinical laboratories to recognize professional boards accepted as qualifying under the federal Clinical Laboratory Improvement Amendments (CLIA).
23.1 List of sexually transmitted diseases — Updated language and clarification on listing of sexually transmitted diseases and those that require provision of diagnosis and treatment free of charge by public health facilities covered under Section 23.2.
23.2 Treatment facilities — Updated language and clarification on the diagnosis and treatment of STDs by public health facilities.
23.3 STD reporting — Addition of lymphogranuloma venereum and chancroid.
34 Health Care Practitioner Referrals and Laboratory Business Practices — Technical amendments to align with federal compensation arrangement exceptions.
44 State Aid for Approved Vector Surveillance and Control Programs — State aid regulations will be updated to be consistent with changes enacted to Public Health Law in January 2007. The regulations will provide new and updated definitions, add new vector borne diseases, and clarify eligible local health department activities for arthropod-borne disease surveillance, control and prevention.
46 Physically Handicapped Children's Program (PHCP) — Proposed Changes to NYCRR Title 10 Part 46 — State Aid for Physically Handicapped Children: Changes will be proposed to Part 46 to update and revise requirements related to the designation of approved specialty centers for providing care to children with physical disabilities and other chronic medical conditions under the Physically Handicapped Children's Program (PHCP).
52 Tissue Banks and Nontransplant Anatomic Banks — Revise requirements for procurement of tissue from deceased donors, including setting restrictions on banks' ownership and business relationships with funeral directors and funeral firms, and limiting recovery of tissue to hospitals and appropriately licensed banks.
53 Drinking Water State Revolving Fund — Revise scoring criteria to 1) accommodate priority ranking to residential housing served by private wells into agreement with criteria for existing water supply systems and 2) promote projects intended to improve PWS security against terrorism/vandalism.
55-2 Environmental Laboratories — Technical revisions to ELAP standards to ensure consistency, where applicable, with national consensus standards promulgated by NELAP.
57 Rabies — Obsolete administrative requirements for dogs at large in rabies designated areas will be removed, and replaced with regulations to clarify administrative issues for reporting, cost responsibility, and reimbursement of rabies expenses.
58-1 Clinical Laboratories — Revise laboratory personnel requirements to align with licensure requirements under the NYS Education Department's Clinical Laboratory Technology Practice Act; consolidate existing requirements for clarity, codify QA, PT and other requirements to align with federal CLIA standards; establish standards for tracking and referral of critical agent specimens; establish standards for laboratory verification of technical and clinical validity of analytical methods; establish requirements and record keeping standards for laboratories that limit their services to CLIA-designated waived tests and provider-performed microscopic procedures; and establish standards for multiple-site permits.
58-2 Blood Banks — Technical amendments for collection, processing, testing, and storage of blood and blood components; labeling of blood specimens intended for pre-transfusion testing; and equipment calibration, temperature and record keeping requirements. Amend qualifications of cytopheresis collection site staff, and lower blood donor age to 16 years with parental/guardian consent.
58-4 Direct Access Testing — Establish record keeping and reporting standards for direct access testing, a business model for clinical laboratories authorized by PHL Article V.
59 Chemical Analyses Of Blood, Urine, Breath Or Saliva For Alcoholic Content — Technical amendments to provisions for breath alcohol testing to simplify enforcement of Vehicle and Traffic Law; codify list of approved ignition interlock devices and delete references to expired pilot program; and codify NHTSA model specifications for device certification.
60-1.1 WIC Program Violations & Hearings — Modify provisions related to WIC food vendor enrollment criteria, violations & sanctions and WIC participant violations & sanctions. These changes are required to conform with federal changes in 7 CFR 246 establishing nationally uniform vendor and participant violations & sanctions for the WIC program.
66-1 Immunizations — Update regulations to be consistent with changes enacted to the Public Health Law in 2004. The regulations will add pertussis and tetanus to the list of required pre-school immunizations and also address the requirement that children born between January 1, 1994 and December 31, 1997 be immunized against varicella by the time they enter sixth grade.
66-1.1 thru 66-1.10 and 66-2.1 through 66-2.9 Immunizations — Various regulatory changes are proposed to delete obsolete technical information, update immunization recommendations, revise language related to medical exemptions and to the annual school immunization survey requirements, and ensure consistency in regulations.
67-1 Childhood Lead Poisoning Prevention — We propose several changes to NYCRR Part 67-1 (lead screening and follow-up) which complement the proposed changes to 67-2 (lead environmental) being put forward by the Center for Community Health (CEH).
67-1 Lead Screening and Follow-up — Amendments would clarify the current regulation that follow-up (case management) services are required for all children regardless of age, and are not limited to children under the age of six. We propose reducing the capillary blood lead level at which a result must be confirmed by venous test from 15 mcg/dL to 10 mcg/dL, which is consistent with CDC guidance and our forthcoming case management guidelines. We are considering a change to lower the blood lead level requiring environmental intervention and management from 20 mcg/dL. This change would provide an opportunity to increase the number of housing units receiving remediation or abatement of lead hazards thereby preventing further lead exposure for the child with an EBLL, and prevent lead exposure for future children residing in the house.
67-2 Lead Poisoning Control — Revise and update regulation to be consistent with federal regulations and guidelines on environmental assessment and abatement.
69-4 Early Intervention Services — Include a reimbursement methodology for paraprofessionals that deliver behavioral therapies to children with autism.
69-4 Early Intervention Program — Regulations need to be reviewed and updated to be consistent with changes to the Public Health Law. Conforming regulations will address new requirements related to transition procedures for children aging-out of the Early Intervention Program; procedures for IFSP amendments; collection of insurance information and social security numbers from parents for eligible children; establishment of standards for evaluators, service coordinators, and providers of early intervention services; approval and periodic re-approval of evaluators, service coordinators, and providers of early intervention services who meet Department standards; Department auditing procedures; and, fiscal management and claiming standards.
69-4 Early Intervention Program — Include standards for behavioral aids, approval of providers, and reimbursement methodology to deliver for delivery of behavioral therapies to children with autism spectrum disorders.
69-4 Early Intervention Program — Amend regulations to include or clarify programmatic and reimbursement requirements for the program, including at a minimum the following: criteria for eligibility and ongoing eligibility; criteria for referral of children at risk for disability; criteria and procedures for sanctioning and disqualification of evaluators, service coordinators, and providers of early intervention services; health and safety standards to be maintained by service providers; requirements for documentation of records and record retention; mediation and impartial hearing procedures; service taxonomy definitions; and, billing rules for early intervention services.
Appendix 75A Wastewater Treatment Standards — Individual Household Systems — Revise/update design standards to address clarification and new technology.
Appendix 75C Individual Water Well Quality Standards — revise/update water quality standards for proposed individual household wells.
77 Funeral Establishments, Registrations, Funeral Directing, and Misconduct — Prohibit the recovery of tissue within a funeral establishment and not allow non-transplant anatomical banks to operate within such establishments, or the requesting of consent for an anatomical donation by a funeral director or employee of a funeral firm.
77.3 Registered Residents — Responsibilities of sponsor.
80.137 Expanded Syringe Access Demonstration Program — Certain provisions of Section 3381 of the NYS Public Health Law, known as the Expanded Syringe Access Demonstration Program (ESAP), are effective through September 1, 2007. A legislative proposal is being developed by the Department to amend Section 3381 to: 1) relax existing prescription requirements for hypodermic needles and syringes in order to preserve and enhance patient access to syringes on a permanent basis, and 2) repeal obsolete provisions. Part 80 regulations that currently govern ESAP would need to be amended accordingly. In addition, depending upon the specific amendments to Public Health Law Section 3381 that are passed by the Legislature and signed by the Governor, it is likely that other Sections of Part 80 would need to be amended and obsolete provisions repealed. Other Sections of Part 80 that would be reviewed for possible revision include Sections 80.131, 80.132 and 80.133. The NYSDOH AIDS Institute will continue to work closely with the Bureau of Narcotic Enforcement and the Division of Legal Affairs on the legislative proposal and on identification of specific Sections of Part 80 regulations for revision during calendar year 2007.
86 Fair Market Value for Public Hospital Capital Costs — Develop a fair market value reimbursement methodology for capital costs incurred by public hospitals.
86-1 Hospital Outlier Payments — Costs to Charge Ratio used in the calculation of the cost outlier payments will be updated to the actual rate year ratio to more accurately calculate these payments. This is based upon a Federal Office of the Inspector General Audit recommendation.
86-1 Hospital Reimbursement — Update the All Patient Diagnostic Related Groups (AP-DRGs) patient classification system that will be used for 2008 inpatient hospital rates.
86-1, 86-2 and 86-4 CPA Certifications for Article 28 Facilities — Require that all cost reports submitted by Article 28 facilities (hospitals, nursing homes, diagnostic and treatment centers, and home care providers) include a Certified Public Accountant certification.
86-2 Updating Criteria for Determining Nursing Home Hospital-Based Status — Eliminate regulations referencing the designation of hospital-based nursing homes by the federal government since they no longer make that distinction.
86-2 Nursing Home Pay for Performance — Provide an enhanced rate adjustment for those nursing facilities that meet or exceed defined quality measures.
86-2 Behavioral Intervention Services — Establish a distinct Medicaid payment rate for nursing facilities that operate a discrete unit to care for individuals with neurobehavioral challenges (identified as behavioral intervention step-down units) that no longer require the intensity of the secure specialized behavioral units already in regulation.
86-4 Ambulatory Care Data Collection (SPARCS) — Authorize collection of medical record information for all patients in an ambulatory care setting.
86-4 Units of Service, Social Work Services in Article 28 Federally Qualified Health Centers (FQHCs) — Allow Medicaid threshold billings for individual clinical social worker psychotherapy services provided by social workers and licensed master social workers; clinical group psychotherapy services provided by a qualified clinician for groups of patients from two to eight in number; and, off-site primary care services delivered to FQHC patients under limited circumstances. Threshold billing of all psychotherapy services for clinics, FQHC and non-FQHC will be limited to no more than 15% of a clinic's total annual visits.
86-4.9 Units of Service, Social Work Services in Article 28 Clinics — Allows Medicaid to reimburse for the services of Licensed Master Social Workers and Licensed Clinical Social Workers to provide individual psychotherapy services in Article 28 clinics.
89 Practice of X-ray Technology — Update obsolete language and establish certificate and standards for radiographers who inject contrast media.
98-1 Health Maintenance Organization (HMO) — Service Authorizations and Complaints and Appeals — The regulation will be revised to create a uniform process for the handling of service authorizations and complaints and appeals to comply with federal regulations. The proposed revisions will synchronize the requirements for a service authorization/utilization review process and grievance process with those found in federal regulations. The proposed revisions will change timeframes for responding to a service authorization request and resolving a complaint or appeal, add new definitions, and identify notice requirements for both processes.
98-1 Health Maintenance Organization (HMO) — Non-discrimination in enrollments and service provision — A technical correction will be made to the regulation by adding back language that prohibits HMOs from discriminating in enrollments and services provision. This language was inadvertently deleted when the regulation was revised.
98-2 External Appeals of Adverse Determinations — Amend the existing regulation to establish new and revised standards and procedures for the external appeal process and to clarify the requirements for external appeal agents.
123 Conesus Lake Watershed Rules — Amend to incorporate regulations intended to protect the public water supplies of the Villages of Avon and Geneseo and the Town of Livonia.
128 New York City Watershed Rules — Amend to incorporate regulations intended to protect NYC's Watersheds including the various reservoirs and tributaries by providing various limitations on activities and construction.
132 Canandaigua Lake Watershed Rules — Amend to incorporate regulations intended to protect the public water supplies of the City of Canandaigua, Villages of Rushville, Palmyra and Newark, and the Town of Gorham.
400 Criminal History Record Check — Repeal of Section 400.23 in conjunction with the addition of a new Part 402 implementing Chapter 769 of the Laws of 2005 as amended by Chapter 331 of the Laws of 2006.
402 Criminal History Record Check — Implementation of Chapter 769 of the Laws of 2005 as amended by Chapter 331 of the Laws of 2006 by requiring nursing homes, certified home health agencies, licensed home care services agencies and long term home health care programs to request criminal background checks of certain prospective employees.
405.3 Administration — Add certain requirements for immunizations for healthcare workers. Exempt telemedicine personnel from immunization requirements as a condition of employment.
405.3 (Hospitals), 415.26 (Nursing Homes), 751.6 (Treatment Center and Diagnostic Center Operations), 763.13 (Certified Home Health Agencies, Licensed Home Care Service Agencies, and AIDS Health Care Programs), 766.1 (Licensed Home Care Services Agencies), 793.5 (Hospice Operations) — Regulations for personnel in these facilities include the requirement for an annual tuberculosis assessment. Current regulations specify a “ppd (Mantoux) skin test for tuberculosis prior to employment or affiliation and no less than every year thereafter for negative findings. Positive findings shall require appropriate clinical follow-up but no repeat skin test …” These regulations will be updated to permit the use of FDA-approved blood assays for the detection of latent TB infection, as an alternative to the skin test.
405.8 Incident Reporting — Update the Department's New York Patient Occurrence Reporting and Tracking System (NYPORTS) provisions for hospitals to reflect current practice.
405.9 Admission/Discharge — Clarify that all donor and procurement responsibilities must be carried out before a dead body is removed from a hospital. Amend history and physical requirements for admitted patients in accordance with revised federal regulations.
405.11 Infection Control (Hospitals) — Pursuant to PHL 2819, the NYSDOH will implement new regulations to enact Hospital-Acquired Infection Reporting requirements.
405.11 Infection Control — Include the reporting of hospital acquired infections.
415 Feeding Assistants in Nursing Homes — Permit the use of paid feeding assistants in New York State nursing facilities.
415 Neurobehavioral Step Down Unit — Establish new nursing home regulations for a specialized program for nursing home residents requiring less restrictive behavioral interventions than provided in a discrete neurobehavioral unit. A neurobehavioral step down unit shall mean a discrete unit with a planned combination of services with staffing, equipment and physical facilities designed to serve individuals whose behavior cannot be managed in a RHCF without presenting as an undue risk or threat to self or others, but whose behavior does not require the program and services of a discrete neurobehavioral unit.
415 Pediatric Long Term Care Standards — Establish new nursing home regulations that implement program standards for the care of pediatric residents.
415 Nursing Home Discharge and Transfer — Establish new nursing home regulations that define standards fro transfers from nursing homes to other health care settings, and discharges from nursing homes.
600.8 Criteria for Determining the Operation of Diagnostic or Treatment Center Under Article 28 of the Public Health Law — Review
708 Appropriateness Review — Amend Trauma Designation Centers. Add a new section to designate regional trauma centers as Coordinating Centers to take on regional leadership roles. Modify existing trauma designation standards and update provisions to conform to the 2005 Emergency Medical, Trauma Care and Disaster Preparedness Act.
710.1 Certificate of Need — Regulations to be updated to reduce CON review requirements, from full review to administrative review, and from administrative review to limited review or notification, for certain types of major medical equipment and certain categories of construction unrelated to clinical capacity. These changes will enable Article 28 providers to undertake needed changes more efficiently in an increasingly changing health care market.
711, 712, 713, 715 and 716 Medical Facility Construction — Revision of the Medical Facilities Construction Code.
750-759 Treatment Center and Diagnostic Center Operation — Update the Department's New York Patient Occurrence Reporting and Tracking System (NYPORTS) provisions for Diagnostic and Treatment Centers to reflect current practice.
763 and 766 Reporting Requirements for Licensed Home Care Services Agencies — To implement recent statutory changes to PHL which require licensed home care services agencies to submit annual cost reports and comply with the annual administrative and general cost requirements applied to certified home health agencies.
767 Home Medical Equipment — Create new Part to include provisions for licensing and oversight of Home Medical Equipment providers, pursuant to newly enacted statute.
800 Emergency Medical Services — General — Use and application by members of the public of automatic external defibrillators. Use and application of epinephrine auto-injectors in an emergency situation. Codify regulatory requirements for Advance Life Support First Response Agencies. Codify regulatory requirements for Basic Life Support Providers. Make updates to EMS certification and training regulations. Establish a new section on the mobilization and/or sharing of resources in the event of a declared disaster.
1000.1 Physician Profiling Definitions — Modify this regulation to define physician membership other than “board certification”. The amendments will provide definitions and requirements for physician information posted under the field “membership” on the physician profiling system.
1000.3 Malpractice Awards, Judgements, and Settlements — A physician has 30 days within which to appeal the disclosure of the settlement information in the instance where — physician has 2 or fewer settlements. The regulation would clarify the circumstances under which a physician may be granted an extension because of physical incapacitation, etc.
1000.5 Physician Profiling Updating Self-Reported Information — Add the requirement that physicians must notify the department at least annually if there are no changes in profile information.
1001 Assisted Living Residences — Create new Part to carry out the requirements of newly enacted statute requiring licensure of assisted living residences. Additionally provides standards and guidelines pertaining to new certificate classifications of enhanced and special needs assisted living.
Implementation of Article 4A of PHL — Body Piercing and Tattooing — The law requires a permit to perform body piercing and tattooing and the establishment of a permit fund. Rules and regulations to be promulgated will include guidance on infection control practices to prevent the transmission of diseases, especially bloodborne pathogens, sterilization and disinfection of equipment, as well as administration and enforcement of the law.
Implementation of Article 35-A of PHL — Ultraviolet Radiation Devices, Tanning Facilities — The law requires a license to operate a tanning facility. It also provides for the promulgation of rules and regulations establishing standards for cleanliness, hygiene and safety of such operations, as well as administration and enforcement of the law.
Implementation of Section 2168 of the Public Health Law — Statewide Immunization Registry — Establish regulations necessary to implement an electronic statewide immunization registry for persons under the age of nineteen that may be accessed by authorized users such as local health districts, health care providers, schools and local social services districts, under certain circumstances. The regulations will include provisions for orderly implementation and operation of the registry and include the method by which each category of user may access the registry.
Title 18 NYCRR (Social Services)
311.3(a)(2) District of Fiscal Responsibility for Medicaid — Revise the regulation to conform with Chapter 150 of the Laws of 2001 which requires that when a recipient of Medical Assistance moves from one district to another within the State and continues to be eligible, the “from” district remains responsible for providing Medicaid for the month in which the move takes place and for the month following the month of the move.
360 Medicaid Buy-In Program for Working People with Disabilities — Medicaid eligibility requirements for working people with disabilities.
360 Family Health Plus (FHP) program — Implements the FHP program.
360 LTC Eligibility Changes Required by the Deficit Reduction Act (DRA) of 2005 — The Medicaid eligibility regulations and transfer of assets provisions require amendment to reflect the provisions contained by the DRA and amended State statute.
360 Medicaid Managed Care Program — Replace the existing regulations to conform with changes authorized by Chapter 165 of the Laws of 1991, Chapter 649 of the Laws of 1996 and Chapters 433 and 436 of the Laws of 1997. The proposed regulations will clarify provisions of law, provide clearer guidance regarding marketing and enrollment in the Medicaid managed care/Family Health Plus programs, add fair hearing rights and requirements specific to Medicaid managed care/Family Health Plus, require providers to accept payment from a managed care plan as payment in full, add provider prohibitions specific to the Medicaid managed care/Family Health Plus programs and establish billing timeframes (that mirror the Medicaid billing timeframes) for Medicaid enrolled providers who treat a Medicaid managed care or Family Health Plus enrollee but who do not have a contract with the enrollee's managed care plan.
360-1 through 360-4.6 Implementing Welfare Reform Act of 1997 — Conforms regulations with the Welfare Reform Act of 1997.
360-3.2(j) Conditions of Eligibility — Implements citizenship/alien status requirements of eligibility for Medicaid.
360-4.4 Transfer under the NYS Partnership for Long-Term Care — If transfer is made within a look-back period, the amount of transfer will be used in the calculation of protected assets under the dollar for dollar Partnership.
360-4.4 and 360-4.10 Resources and Annuities — Revise Section 360-4.4 to specify that resources include an individual's interest in an annuity. Revise Section 360-4.10 to provide that for the purpose of increasing a community spouse resource allowance to increase the community spouse's income to the minimum monthly maintenance needs allowance, the Department may adjust the community spouse resource allowance to the amount a person would have to invest in a single premium annuity to generate the needed income, attribute a rate of return based on a presumed available rate of interest, or other reasonable methodology.
360-4.6(a) (2) (xxv) Interest/Dividend Income Exclusion — Provides for the exclusion of most interest/dividend income for SSI-related individuals.
360-4.6 (2)(a)(xxvi) and 360-4.6 (b)(2)(x) Education-Related Income and Resource Exclusion — Provides for the disregard of gifts used for tuition, fees, or other necessary educational expenses as countable income, and, for nine months, as countable resources for SSI-related individuals.
360-4.6(b)(2)(v) and 360-4.6(b)(2)(ix) Resource Exclusion — Provides for a resource exclusion period of nine months for retroactive SSI and Social Security benefit payments, federal child tax credit payments, and federal earned income tax credit payments for SSI-related individuals.
360-5.5 Examination — The reference to 18 NYCRR 595.3(b) is inaccurate. The fiscal regulations were changed in 1988. This appears to have been an oversight at that time.
360-5.9(a) Trial Work Period — Revises the threshold amounts for counting a month toward a 9-month trial work period.
360-6.2 Finger Imaging — The regulation would be revised to make finger imaging mandatory for MA only recipients which, along with the revisions to Part 514, would eliminate card loaning, use from theft, and duplicate assistance cases.
360-6.7 Managed Care — This section will be repealed and its provisions will be modified and consolidated with a new Part 360. The provisions describe the standards and processes by which managed care enrollees may disenroll from a managed care organization and will be revised to reflect Chapter 649 of the Laws of 1996 and Chapter 433 of the Laws of 1997.
360-7.2 Medicaid Program as Payment of Last Resort — Clarification of the definition of third party by adding the words “or entity”.
360-7.3(c)(1) of Title 18 NYCRR and Part 85.13 of Title 10 NYCRR Use of Health, Hospital or Accident Insurance & Physically Handicapped Children's Program — Eliminates the dual prior approval for certain services for Medicaid eligible children.
360-7.7 Payment of Medicare Coinsurance — Amend the regulation to indicate that Medicaid will reimburse providers 20% of the Medicare Part B coinsurance for dually eligible Medicare/Medicaid recipients in instances where what Medicare pays exceeds the Medicaid fee.
360-7.7 Payments of deductibles and coinsurance under title XVIII of the Social Security Act (Medicare) — Language is needed to reinforce the policy that Medicaid prior approval is not necessary if the item or service is covered by Medicare. If Medicare denies payment based on lack of medical necessity, Medicaid prior approval and/or reimbursement will not be considered. Services that are statutorily excluded from Medicare payment but covered by Medicaid would be payable if medically necessary.
360-7.11 Revision to Medicaid Recoveries — Lowers the age for estate recoveries and includes the category of undue hardship as required by federal regulations.
360-7.12 Co-Payments by Recipients — Revise the regulation to conform with recently enacted statutory changes to Medicaid co-payments that eliminates the pharmacy co-payment exemption for managed care recipients, and increases the pharmacy co-payment $.50 to $1.00 for generic drugs, $2.00 to $3.00 for brand name drugs, and the annual cap from $100 to $200.
360-11 Medicaid Managed Care — This section describes the standards and processes by which special needs populations may obtain specialty care services with the Medicaid managed care program. It will be repealed because it was made obsolete by passage of Chapter 649 of the Laws of 1996 which authorized the development of Special Needs Plans (SNPs) for these populations.
485, 486, 487, 488 and 490 — Consolidating and streamlining provisions relating to adult homes, enriched housing programs and residences for adults, to reflect recent past legislative and regulatory initiatives and the changing environments of these types of facilities. Provide clarification and consistency to residents, operators and the public with regards to adult care facilities.
487, 488 and 490 Temperature Standards for Adult Care Facilities — To implement the provisions of recently enacted statute with respect to an allowable temperature in all areas occupied by residents of adult homes, enriched housing programs and residences for adults.
495 Medications Management in Adult Care Facilities (ACFs) — To assure resident health and safety in ACFs by clarifying current regulatory authority for medication assistance, through focused initiatives relating to the procurement, storage, assistance/recording, and disposal of pharmeuticals. Creates new Part to apply uniformly to adult homes, enriched housing programs and residences for adults.
501 Consumer Directed Personal Assistance Program — New regulations for operation of Consumer Directed Personal Assistance Programs (CDPAP) under the State Medicaid program.
501.23 Home Health Services-Prior Approval — Regulations will be developed to require prior approval of home health services for persons defined as long term users, pursuant to an initiative enacted into law in the 2003–04 budget.
502.6 Disclosure by Providers, Transactions — The regulation would be revised to specifically require providers to comply with transactional information requests by the state and CMS within mandated time frames, bringing the regulation into conformity with federal requirements.
502.7 Disclosure by Providers; Information on Crimes — The regulation would be revised to require the Department to notify CMS, within mandated time frames, of any such disclosed information and any action taken thereon, bringing the regulation into conformity with federal requirements.
504.1 Definition of Medicaid Provider — The definition of “provider” will be amended to require enrollment for: all individuals or entities that order services totaling $75,000.00 per year with no minimum number of claims; all medical directors, and all pharmacists.
504.3(j) through (m) Medicaid Provider Responsibilities — Three new sections are added to Part 504.3(j) through (l) defining the responsibility of Medicaid enrolled providers to treat Medicaid patients during federal or State declared emergencies. A fourth section (m) is added to clarify that Title XVIII Medicare enrollment is required for all providers eligible to participate in Medicare as a condition of enrollment in the New York State Medicaid Program.
504.7 Automatic Medicaid Enrollment Termination — Sanctioning by the State Education Department for engaging in No Fault insurance fraud would result in automatic termination.
504.11 Medicaid Provider Financial Security — All providers whose claims meet the dollar volume thresholds would be subject to the financial security requirements.
505.3 Drug Orders — The regulation would be revised to require that all telephone orders for drugs would be followed up with a hard copy prescription to the pharmacy from the orderer.
505.3 Prescription Form Loss — Orderers/prescribers would be required to timely report to the OMIG serial numbers of lost or stolen official New York State prescription forms.
505.3 Pharmacy — Amends the regulation to identify Medicaid reimbursement associated with the reasonable administrative costs incurred by 340B covered entities or an authorized contract pharmacy when billing Medicaid at 340B prices.
505.3(b)(1) Drugs — Amends the regulation to eliminate the requirement for a prescription or fiscal order for the dispensing of over-the-counter emergency contraception for women 18 years or older.
505.5 Fiscal Orders — Change fiscal order requirements for medical surgical supplies to allow filling within 60 days rather than 14 days of the date written, in concurrence with current policy. Add fiscal order requirements for DME, orthotics, prosthetics and prescription footwear that the order must be filled within 180 days unless otherwise stated by the Department in concurrence with current policy. Specifically define the paper ad electronic formats for fiscal orders which are acceptable.
505.5 Durable Medical Equipment — Define the procedures for pursuing Medicaid Waiver reimbursement for Assistive Technology (AT) devices that do not meet the definition of DME and, therefore not covered by the Medicaid State Plan, including those AT devices that would be covered under federal EPSDT statute. Also specify that exclusive utilization of HIPAA-compliant HCPCS codes and proper use of miscellaneous codes is required for prior approval and claims submission.
505.8 of Title 18 NYCRR and 85.33 of Title 10 NYCRR Private Duty Nursing Services — This will replace and update the current language controlling the amount, duration, and scope for the provision of private duty nursing services under the Medicaid Program.
505.8 of Title 18 NYCRR and 83.33 of Title 10 NYCRR Medically Fragile Children -Based on legislation, language will be added to the Nursing Services regulations to authorize a fee enhancement for nursing services provided to medically fragile children (defined as clients up to age 21 who receive private duty nursing under Medicaid), for dates of service between January 1, 2007 and December 31, 2008 inclusive. Duplicate language in Title 10 will be deleted.
505.25 Personalized Recovery Oriented Services (PROS) — This is a technical amendment that reflects approved Title 14 OMH regulations for PROS, a comprehensive outpatient recovery oriented program for persons with severe and persistent mental illness.
505.31(d)(e)(1) of Title 18 NYCRR and Part 85.39 of Title 10 NYCRR Audiology, Hearing Aid Services and Products — Eliminates the designation of the Physically Handicapped Children's Program speech and hearing centers as only providers of hearing assessments to Medicaid eligible children.
506.2 and 506.6 Dental Vans — In light of increasing interest in Medicaid reimbursement for services provided in dental vans used as private offices, regulations will define a mobile setting and allow a mobile setting as a valid dental place of service, and specify what provider qualifications are necessary for use of dental vans.
506.4 of Title 18 NYCRR and Part 85.45 of Title 10 NYCRR Orthodontic Care — Eliminates the Physically Handicapped Children's Program sole review role in the area of orthodontia; removes the reference to panel orthodontists; and updates the qualifications for orthodontists and eligibility criteria for these services.
507 Health Supervision and Medical Care for Children — Places in regulation Medicaid payment standards for foster care agencies' Medicaid per diems.
508 Child Teen Health Program — Updates the medical standards and periodicity schedule for examinations to coincide with those recently issued by the American Academy of Pediatrics and revises the activities to be performed by the local departments of social services in light of managed care.
514 Provider Verification of Recipient Eligibility and Orders For Service — This part would be revised to include provisions for identity verification through expansion of finger imaging clearance at the time and location of service to eliminate card loaning, use from theft, and duplicate assistance cases.
514.4 Medicaid Eligibility Terminals — The terminals would no longer be provided free of charge.
515.1 Definition of Fraud — The definition would be revised so as not to limit it to acts prohibited by Section 366-b of the Social Services Law.”
515.2 Unacceptable Practices — The list of program governing documents (fees, rates, claiming instructions, procedures, rules and regulations, etc. of the Departments of Health, Education and Mental Hygiene, including the latter department's offices and divisions) would be expanded to include “Guidelines” and Medicaid Updates” for purposes of defining an unacceptable practice.
515.2 Unacceptable Practices — The list of specific unacceptable conduct would be expanded to include the following: “fraud” and “abuse” as separate identifiable acts; the intentional misreporting of information to the Medicaid program; failing to respond satisfactorily to inquires and directives of the various State Departments, the Center For Medicare and Medicaid Services and other relevant government agencies relating to standards of the Medicaid program or of generally accepted medical practice; failure to timely report to the OMIG serial numbers of lost or stolen official New York State prescription forms; and the provision of any services in excess of client's needs.
515.5 Exclusion Period — The period of exclusion would be defined as the period commencing 20 days after the date of notice thereof and ending on the date of reinstatement under Section 515.10.
516.1 Monetary Penalties — The regulations will be revised to make it clear that monetary penalties are not limited to the amount of any Medicaid overpayment identified.
516.1 Basis for Monetary Penalties — The regulations will be revised so as to delete the present requirement that there be identified a “substantial number” of cases of wrongdoing in order to impose a penalty.
516.1 Basis for Monetary Penalties — The list of conditions for imposition of a monetary penalty will be expanded to include: the claim for payment was improperly or incorrectly made; or any person commits an unacceptable practice as defined in 18 NYCRR 515.2; or the provider failed to timely report to the OMIG serial numbers of lost or stolen official New York State prescription forms.
516.5 Maximum Monetary Penalty — The maximum penalty shall be increased to $7,500 for each subject item of care, service or supply if there has been a prior finding within the previous 5 years, so as to conform the regulation to Social Services Law Section 145-b.
516.5 Maximum Monetary Penalty — The regulation would be revised to state that the OMIG may recover an overpayment from a provider of service or supplies and also penalize the orderer for the same claim, and vice versa.
516.5 Liability for Penalties — The regulation would be revised to include a provision clarifying that audited providers retain responsibility for any penalties regardless of subsequent change in enrollment status or ownership.
517.2 Definition of Facility — The regulation shall be revised to clarify the definition which includes facilities licensed or certified by the Departments of Health and Mental Hygiene.
517.3 Termination of Audit — The regulation would be revised to allow OMIG to recommence an audit of items which were the subject of the terminated audit.
518.1 Medicaid Overpayments — The current definition of an overpayment would be amended to exclude third party liability and probate collections from the definition of “overpayment” so that an administrative hearing is no longer required. This revision will conform the regulation to federal regulations and a recent Court of Appeals decision.
518.3 Liability for Overpayments — The regulation would be revised to include a provision clarifying that audited providers retain responsibility for any overpayments regardless of subsequent change in enrollment status or ownership.
518.3 Liability for Overpayments — The regulation would be revised to include a provision that any enrolled rate based provider is responsible for the care and services provided and billed whether those services are provided directly or indirectly through contract, sub-contract, other agreement, etc., or patient choice. When overpayments related to rate based services are caused by outside parties, the rate based provider will be responsible for repayment unless it is established that the improper submission by the outside party was done intentionally and with the intent to defraud.
518.3 Liability for Overpayments — The regulation would be revised to include a provision that a provider is liable for overpayments resulting from its failure to timely report to the OMIG serial numbers of lost or stolen official New York State prescription forms.
518.4 Interest — The regulation would be revised to remove the inpatient facility exclusion from interest imposition, thereby eliminating the interest free loan of overpayments that facilities now receive.
518.5 Overpayment Recovery — The regulation would be revised to exclude from the requirement for hearings all third party liability recoveries and probate collections in order to conform to federal regulation and a recent Court of Appeals decision.
518.7 Payment Withholding — The regulation would be revised to allow the withholding of payment of any and all past, current and future claims to the provider and any affiliate at any time.
519.4 Exclusions From Hearings — The regulation would be revised to add mandatory exclusions from the Medicaid program pursuant to Section 515.8 to the list of events that do not require a hearing.
519.4 Exclusions From Hearings — The regulation would be revised to exclude from the requirement for hearings all third party liability recoveries and probate collections in order to conform to federal regulation and a recent Court of Appeals decision.
519.7 Hearing Requests — The regulation would be revised so as to require that any request for hearing be received by OMIG Office of Counsel within 60 days of the date of the final determination.
540.6 Billing for Medical Assistance — Language is needed to specifically state that Medicare enrollment, whenever possible, is a requirement for participation in the Medicaid program.
CONTACT PERSON:
Margaret B. Buhrmaster
NYS Department of Health
Office of Regulatory Reform
Empire State Plaza
Corning Tower, Rm. 2415
Albany, NY 12237-0097
(518) 473-7488 OFFICE
(518) 486-4834 FAX
INSURANCE DEPARTMENT
Pursuant to Section 202-d of the State Administrative Procedure Act (SAPA), the following Regulatory Agenda is a list of the regulatory additions and amendments to Title 11 of the NYCRR which the Insurance Department is presently considering proposing during the first half of 2007. Many of these items were previously published in the June, 2006 Regulatory Agenda. Items that have been published in the State Register as “Proposed” actions are not included on the list. The Insurance Department's regulatory plans are subject to change and the Department reserves the right to add to, delete from, or modify items on the Agenda without further notice.
This notice is also intended to provide small businesses, local governments and public and private interests in rural areas with the opportunity to participate in the rule making process, as provided for in Sections 202-b and 202-bb of SAPA.
For inquiries pertaining to a specific item, contact the agency contact person following the item. For general inquiries regarding the Insurance Department's Regulatory Agenda, contact:
Sam Wachtel
Supervising Attorney
Office of General Counsel
New York State Insurance Department
25 Beaver Street
New York, N.Y. 10004
Telephone Number: 212-480-5269
Copies of current regulations may be obtained from the Department's Public Affairs Bureau at the New York City address. The telephone number is 212-480-2283.
Number 1: Agency Contact person: Sam Wachtel, Supervising Attorney (212-480-5269):
1. Summary description of proposal: Amendment of 11 NYCRR 17 (Standard Health Insurance Claims Forms for the Services of Physicians, Dentists and Hospitals) (Regulation 88), to delete numerous obsolete provisions and adopt new standard claim forms for services of physicians, dentists and hospitals that are submitted on paper or by facsimile.
Numbers 2 through 24: Agency Contact Person: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587):
2. Summary description of proposal: Amendment of 11 NYCRR 67 (Mandatory Underwriting Inspection Requirements for Private Passenger Automobiles) (Regulation 79) to include additional circumstances under which an insurer may voluntarily waive mandatory inspection of a motor vehicle for physical damage coverage and to clarify that the use of digital photography and electronic access to inspection report data are permitted.
3. Summary description of proposal: Amendment of 11 NYCRR 60-2 (Supplementary Uninsured/Underinsured Motorists Insurance) (Regulation 35-D) to revise all references in Sections 60-2.3 and 60-2.4 from “AAA/American Arbitration Association” to “designated organization.”
4. Summary description of proposal: Amendment of 11 NYCRR 301 (Purchasing Groups) (Regulation 134) to eliminate provisions referencing Affidavit Part B which was originally required by 11 NYCRR 27 (Regulation 41) but has since been deleted from Regulation 41.
5. Summary description of proposal: Amendment of 11 NYCRR 153 (Property/Casualty Insurance Group and Quasi-Group Standards) (Regulation 135) to update the preamble to the regulation regarding the recent statutory amendments authorizing additional kinds of insurance and additional types of groups to be written on a group basis.
6. Summary description of proposal: Amendment of 11 NYCRR 27 (Excess Line Placements Governing Standards) (Regulation 41) to establish procedures for the filing of required affidavits on a consolidated basis for “legitimate” group placements under 11 NYCRR 153 (Regulation 135) similar to those in place for Purchasing Groups under 11 NYCRR 301 (Regulation 134).
7. Summary description of proposal: Amendment of 11 NYCRR 65-1, 65-2, 65-3, 65-4 (Regulations Implementing the Comprehensive Motor Vehicle Insurance Reparations Act) (Regulations 68-A, 68-B, 68-C & 68-D) to revise No-fault endorsements and requirements for insurer claim practices.
8. Summary description of proposal: Amendment of 11 NYCRR 65-3 and 65-4 (Claims for Personal Injury Protection Benefits & Arbitration) (Regulations 68-C & 68-D), respectively, to adopt a new prescribed form that can be used only for the denial of health service benefits that do not involve any policy issues or statutory exclusions and to amend rules related to both the manner in which the organization designated by the Superintendent administers the first party motor vehicle insurance arbitration programs and assesses the costs of these programs to the insurance industry.
9. Summary description of proposal: Amendment of 11 NYCRR 68 (Charges for Professional Health Services) (Regulation 83) to update the dental fee schedule and adopt a fee schedule for health services rendered by licensed acupuncturists.
10. Summary description of proposal: Amendment of 11 NYCRR 390 (Service Contracts) (Regulation 155) that will provide clarification of the requirements and conditions for appointment of a claims trustee, the minimum affirmations and attestations in the use of a “parental guarantee” of a subsidiary Service Contract Provider (“SCP”) and specifications for the determination that an SCP is deemed insolvent.
11. Summary of description of proposal: Adoption of a new part to 11 NYCRR to provide clarification and rules regarding inland and ocean marine insurance.
12. Summary description of proposal: Amendment of 11 NYCRR 216 (Unfair Claims Settlement Practices and Claim Cost Control Measures) (Regulation 64) to provide notice and time frame requirements regarding third party claims.
13. Summary description of proposal: Propose a new 11 NYCRR 65-5 (Regulation 68-E) and amend 11 NYCRR 68 (Regulation 83) to implement Chapter 424 of the laws of 2005. This will be developed in consultation with the Commissioner of Health and the Commissioner of Education to create a process by which a health provider's authority to seek reimbursement for the treatment of No-fault patient can be suspended or removed under certain circumstances.
14. Summary description of proposal: Amendment of 11 NYCRR 65-3 and 65-4 (Claims for Personal Injury Protection Benefits & Arbitration) (Regulations 68-C & 68-D) to require insurers to issue no-fault denials with specific wording so that the applicants will be aware that they can apply for special expedited arbitration to resolve the issue of which eligible insurer is designated for first party benefits and provide the procedures for administration of the special expedited arbitration for disputes regarding the designation of the insurer for first party benefits.
15. Summary description of proposal: Amendment of 11 NYCRR 27 (Excess Line Placements Governing Standards) (Regulation 41) To amend Section 27.14(f) and (i)(2) in order to implement the new alien trust funding standards. This is needed in order to reflect the proposed changes agreed upon by the International Insurers Division (IID) of the NAIC to be effective as of year-end.
16. Summary description of proposal: Adoption of a new part to 11 NYCRR regarding standards for coverages, limitations and exclusions related to damages caused by mold and related remediation.
17. Summary description of proposal: Amendment of 11 NYCRR 74 (Homeowners Disclosure Information and Other Notices) (Regulation 159) to reflect changes in the Insurance Law made by Chapter 162 of the Laws of 2006 by setting forth certain minimum notification requirements to advise policyholders that may be eligible for a market assistance program or NYPIUA of the availability of coverage including information necessary to apply for coverage.
Number 18: Agency Contact Person: Daniel Gumaer, Supervising Insurance Examiner, Life Bureau (212-480-5040):
18. Summary description of proposal: Amendment to 11 NYCRR 51 (Replacement of Life Insurance Policies and Annuity Contracts) (Regulation 60) to allow for a preliminary disclosure statement that can be prepared without waiting twenty days for a response from the replaced insurer, in order to allow the application to be completed on the first visit. The amendment would require a complete disclosure statement to be given to the applicant prior to policy delivery.
Numbers 19 through 20: Agency Contact Person: Ruth Gumaer, Supervising Insurance Examiner, Life Bureau (212-480-4763):
19. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish standards and provide guidance for the valuation, maintenance and disposal of “other property” gifted to charitable annuity societies pursuant to Insurance Law Section 1110(a).
20. Summary description of proposal: Adoption of a new part to 11 NYCRR to adopt the NAIC Risk Based Capital standard for fraternal benefit societies.
Number 21: Agency Contact Person: Peter Kreuter, Assistant Chief Actuary, Life Bureau (212-480-5328)
21. Summary description of proposal: Repeal of 11 NYCRR 96 (Surplus Management Accounts) (Regulation 138) to eliminate inconsistent financial reporting standards that allow differing financial reports for identically situated insurers. Few insurers have made use of the regulation's provisions during the 17 years it has been in effect.
Number 22: Agency Contact Person: James MacDonald, Supervising Actuary, Life Bureau (212-480-5331)
22. Summary description of proposal: Adoption of a new part to 11 NYCRR to adjust life insurance agents' training allowances contained in Sections 4228(e)(3)(C) through (E).
Numbers 23 through 25: Agency Contact Person: Fred Andersen, Supervising Actuary, Life Bureau (518-474-5462):
23. Summary description of proposal: Amendment to 11 NYCRR 94 (Valuation of Individual and Group Accident and Health Insurance Reserves) (Regulation 56) to update reserve standards for individual accident and health products and to establish reserve standards for group accident and health products as mandated by Section 4217(d) of the Insurance Law.
24. Summary description of proposal: Amendment to 11 NYCRR 100 (Recognition Of The 2001 CSO Mortality Table For Use In Determining Minimum Reserve Liabilities And Nonforfeiture Benefits) (Regulation 179) to include a split of the 2001 CSO Mortality Table to reflect preferred underwriting criteria.
25. Summary description of proposal: Amendment to 11 NYCRR 95 (Regulations Governing an Actuarial Opinion and Memorandum) (Regulation 126) to add guidance regarding sensitivity tests, disclosure items, and other requirements related to asset adequacy analysis.
Numbers 26 and 27: Agency Contact Person: Michael Cebula, Assistant Chief Actuary, Life Bureau (518-474-6805):
26. Summary description of proposal: Amendment to 11 NYCRR 97 (Market Value Separate Accounts Funding Guaranteed Benefits; Separate Account Operations and Reserve Requirements) (Regulation 128) to update the reserve standards for group separate account products with guaranteed benefits and to establish reserve standards for individual separate account products with guaranteed benefits.
27. Summary description of proposal: Amendment to 11 NYCRR 99 (Valuation of Annuity, Single Premium Life Insurance, Guaranteed Interest Contract and Other Deposit Reserves) (Regulation 151) to revise existing standards for variable annuities for life insurers to be consistent with recently adopted and pending NAIC standards.
Number 28 through 31: Agency Contact Person: Dennis Lauzon, Assistant Chief Actuary, Life Bureau (518-474-5462)
28. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish minimum standards for non-guaranteed elements of life and annuity insurance policies and to establish minimum standards for written criteria set by the board of directors or a committee thereof for determining non-guaranteed elements.
29. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish minimum standards for form, content and sale of life insurance, annuities and funding agreements, including standards for full and fair disclosure.
30. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish standards for self-support requirements for life insurance, annuities and funding agreements issued on an individual or group basis.
31. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish standards for corporate governance for risk management, including requirements for board of directors' oversight of business and exposure limits.
Numbers 32 through 33: Agency Contact Person: Ralph D. Spaulding, Supervising Insurance Attorney, Life Bureau (518-486-5258):
32. Summary description of proposal: Amendment to 11 NYCRR 50 (Separate Accounts and Separate Account Annuities) (Regulation 47) to establish revised standards for the operation of separate accounts, contract provisions and actuarial requirements to reflect statutory changes and recent innovations in product design and changes in contract administration of separate account and variable annuity products.
33. Summary description of proposal: Amendment of 11 NYCRR 54 (Variable Life Insurance) (Regulation 77) to provide for exceptional treatment of private placement variable life insurance, especially with respect to the deferral of payments for death benefits, surrender benefits and policy loans.
Number 34: Agency Contact Person: Peter Dumar, Associate Insurance Attorney, Life Bureau (518-474-4552):
34. Summary description of proposal: Amendment to 11 NYCRR 53 (Life and Annuity Disclosure and Sales Illustration) (Regulation 74) to set forth the information mandated by Section 3209 of the Insurance Law including the standards governing the content, format and use of sales illustrations and other disclosure requirements for fixed and/or variable annuity products and funding agreements. Also to include changes that provide for enhanced disclosure to buyers of life insurance and annuity products.
Number 35: Agency Contact Person: Robert Solomon, Principal Insurance Examiner, Health Bureau (212-480-5246):
35. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, including Standards of Full and Fair Disclosure) (Regulation 62) and 11 NYCRR 360 (Open Enrollment and Community Rating of Individual and Small Group Health Insurance) (Regulation 145) to clarify the requirements for prior approval of forms and rates, including the establishing of rules for determining the rating methodology to be used for rating point-of-service products sold to large groups, to clarify the application and effect of rolling rates and annual level subscriber rates, and to implement Sections 4308(g) and (h) (for Article 43 Corporations and HMOs) and 3231(e)(2) of the Insurance Law (for commercial insurers that write accident and health insurance) relating respectively to the alternate methodology for submissions of rates by Article 43 Corporations and Health Maintenance Organizations, and submissions of loss ratios for contracts subject to the alternate methodology.
Numbers 36 through 37: Agency Contact Person: Austin J. Rinella, Supervising Insurance Attorney, Health Bureau (518-474-4098):
36. Summary description of proposal: Amendments of: 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62), 11 NYCRR 360 (Rules to Assure an Orderly Implementation and Ongoing Operation of Open Enrollment and Community Rating of Individual and Small Group Health Insurance) (Regulation 145), 11 NYCRR 361 (Establishment and Operation of Market Stabilization Mechanisms for Individual and Small Group Health Insurance and Medicare Supplement Insurance) (Regulation 146), 11 NYCRR 59 (Minimum Standards for Certificates Deemed to Have Been Delivered in New York) (Regulation 123), 11 NYCRR 39 (Minimum Standards for the New York State Partnership for Long-Term Care Program) (Regulation 144) and adoption of new Part to 11 NYCRR to: 1) establish minimum standards for such products as managed care and point of service arrangements as well as other health insurance products as ongoing changes occur in the health insurance field; 2) make changes to state regulations which may be required due to implementation of the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191), Chapter 661 of the Laws of 1997 and other federal and state enactments; 3) establish minimum standards and requirements for specified disease coverage, and 4) make changes to minimum standards for Partnership and non-Partnership coverages.
37. Summary description of proposal: Amendment of 11 NYCRR 17 (Standard Health Insurance Claims Forms for the Services of Physicians, Dentists and Hospitals) (Regulation 88) to delete obsolete provisions.
Number 38 through 43: Agency Contact Person: Deborah A. Kozemko, Supervising Insurance Attorney, Health Bureau (518-486-7815):
38. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, including Standards of Full and Fair Disclosure) (Regulation 62) and 11 NYCRR 360 (Rules to Assure an Orderly Implementation and Ongoing Operation of Open Enrollment and Community Rating of Individual and Small Group Health Insurance) (Regulation 145) to implement Chapter 557 of the Laws of 2002 relating to health insurance coverage for individual proprietors.
39. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for the Form Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) and 11 NYCRR 360 (Rules to Assure an Orderly Implementation and Ongoing Operation of Open Enrollment and Community Rating of Individual and Small Group Health Insurance) (Regulation 145) to set forth requirements regarding the payment of commissions, fees and other compensation to agents and brokers.
40. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for the Form, Content and Sale of Health Insurance, including Standards of Full and Fair Disclosure) (Regulation 62) to update the requirements for coordination of benefits (COB) among health insurance policies.
41. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, including Standards of Full and Fair Disclosure) (Regulation 62) to clarify the dental exclusion in health insurance policies.
42. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to implement denial of coverage procedures in relation to restricting certain covered prescription drugs, procedures and supplies in the treatment of erectile dysfunction when prescribed for use by a person who is required to register as a sex offender and covered under a standardized individual enrollee direct payment contract.
43. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, including Standards of Full and Fair Disclosure) (Regulation 62) and 11 NYCRR 360 (Rules to Assure an Orderly Implementation and Ongoing Operation of Open Enrollment and Community Rating of Individual and Small Group Health Insurance) (Regulation 145) to conform to the final regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Number 44: Agency Contact Person: Carol Leith, Principal Actuary, Health Bureau (518-474-4562):
44. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to provide instructions and format for calculating and reporting loss ratios and issuing dividends or credits as required in Section 3231 (e)(2)(B) of the Insurance Law, in instances where the alternate filing procedure as defined in Section 3231(e)(2)(A) has been utilized.
Numbers 45 through 48: Agency Contact Person: Lisette Johnson, Supervising Insurance Attorney, Health Bureau (518-474-4098):
45. Summary description of proposal: Amendment of 11 NYCRR 361 (Establishment and Operation of Market Stabilization Mechanisms for Individual and Small Group Health Insurance and Medicare Supplement Insurance) (Regulation 146) to revise certain market stabilization mechanism requirements as required by Chapter 504 of the Laws of 1995.
46. Summary description of proposal: Amendment of 11 NYCRR 410 (External Appeals of Adverse Determinations of Health Care Plans) (Regulation 166) to establish new and revised standards and procedures for the external appeal process and to clarify the requirements in existing law in relation to external appeal agents.
47. Summary description of proposal: Amendments of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62), 11 NYCRR 410 (External Appeals of Adverse Determinations of Health Care Plans) (Regulation 166) and addition of a new Part to 11 NYCRR to establish standards for coverage determinations and benefit determinations, including standards for utilization review.
48. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, including Standards of Full and Fair Disclosure) (Regulation 62) to clarify the cosmetic surgery exclusion in health insurance policies.
Number 49: Agency Contact Person: Gary Teitel, Supervising Actuary, Health Bureau (212-480-7709):
49. Summary description of proposal: Amendment of 11 NYCRR 350 (Life Care Communities) (Regulation 140) to modify and clarify the actuarial reserve calculation, solvency testing, distribution allowances, fee adequacy, allowable investments, and to better define needed filing requirements, all recognizing marketplace expansion in both the number and types of Life Care Communities.
Number 50: Agency Contact Person: Stephen Rings, Associate Insurance Attorney, Health Bureau (518-474-4899):
50. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to clarify extension of benefits and “no loss, no gain” requirements for individual, group and group remittance health insurance contracts.
Number 51: Agency Contact Person: Leigha Basini, Senior Insurance Attorney, Health Bureau (518-486-7815):
51. Summary description of proposal: Amendment of 11 NYCRR 362 (The Healthy New York Program and The Direct Payment Stop Loss Relief Program)(Regulation 171) to enable HMOs and insurers to offer a high deductible health plan under the Healthy New York Program to subscribers or small employers establishing a Health Savings Account.
Numbers 52 through 54: Agency Contact Person: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619):
52. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to enable HMOs to offer a high deductible health plan on a direct payment basis to subscribers establishing a Health Savings Account.
53. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure)(Regulation 62) to clarify the permissible and prohibited limitations on prescription drug coverage written by Article 43 corporations, HMOs and commercial insurers.
54. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for the Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to establish requirements for insurance policies that use a usual and customary or reasonable form of reimbursement.
Number 55: Agency Contact Person: David Doran, Principal Insurance Examiner, Health Bureau (212-480-5046):
55. Summary Description of proposal: Amendment of 11 NYCRR 83 (Financial Statement Filings and Accounting Practices and Procedures) (Regulation No. 172) to develop standards and guidelines for real estate appraisals and accounting methodologies under which Insurance Law Article 43 corporations and Public Health Law Article 44 Health Maintenance Organizations may evaluate real estate in ordinary course of business. Further, this amendment will be updated for the 2007 published depreciation schedules.
Number 56: Agency Contact Person: Jill Novak Smith, Senior Insurance Attorney, Health Bureau (518-486-7815):
56. Summary description of proposal: To create a new regulation to require every accident and health insurer and HMO to annually file with the superintendent or designee (statistical agent) a statistical report showing a classification schedule of its premiums, losses and related expenses as well as a list of the 100 most frequently used CPT codes on all kinds or types of accident and health insurance business subject to the insurance law and such other information as the superintendent may deem necessary. This basically establishes a uniform statistical plan for the health insurance industry, where there is currently no consistency in the methods of data collection, classification (other than by aggregated lines of business), and reporting.
Number 57: Agency Contact Person: John Chaskey, Supervising Examiner, Consumer Services Bureau (518-474-4556)
57. Summary Description of proposal: Amendment of 11 NYCRR 28 (Professional Bail Bond Agents) (Regulation 42) to establish minimum recordkeeping requirements and identify prohibited charges in conjunction with (1) the issuance of a bail bond and (2) requiring collateral in order to secure the issuance of a bail bond.
Numbers 58 through 59: Agency Contact Person: Laura Dillon, Associate Examiner, Consumer Services Bureau (518 486-9105).
58. Summary Description of proposal: Amendment of 11 NYCRR 216 (Unfair Claims Settlement Practices and Claim Cost Control Measures) (Regulation 64) to require health insurers to add a standardized paragraph to all “Explanation of Benefits” forms advising insureds that they may file a complaint with the Insurance Department for investigation when any element of a health insurance claim is rejected, and to clarify the applicability of the regulation to accident and health insurance written pursuant to the provisions of 1113 (a) (3) and the provisions of article 43 of the Insurance Law.
59. Summary Description of proposal: Addition to 11 NYCRR to include a Regulation that describes how Coordination of Benefits (COB) claims are to be handled and the time frames in which the health plans and providers have to submit the necessary information.
Number 60: Agency Contact Person: Janet Davignon, Associate Examiner, Consumer Services Bureau (518-474-5154)
60. Summary Description of proposal: Amendment of 11 NYCRR 215 (Advertisements of Accident and Health Insurance) (Regulation 34) to require accident and health insurers providing long term care insurance as defined in 11 NYCRR 52.12 to submit a copy of any advertisement for long term care insurance intended for use in this State to the superintendent.
Number 61: Agency Contact Person: John Capuano, Associate Examiner, Consumer Services Bureau (518-486-9107)
61. Summary Description of proposal: Adoption of a new Part to 11 NYCRR providing that cancellation notices subject to 3425 of the Insurance Law should include the date and hour of cancellation, the date of the notice and, for nonpayment of premium cancellations, a statement informing the consumer that cancellation will not take place if they make timely payment of the premium. The regulation would also require that an insurer may not mail a notice of cancellation for nonpayment of premium until the due date for payment of such premium has passed.
Number 62: Agency Contact Person: Jim Everett, Associate Counsel, Capital Markets Bureau (518-408-1593):
62. Summary description of proposal: Amendment of 11 NYCRR to set forth standards for banks, trust companies and security broker/dealers that qualify to act as custodians for insurance company assets.
Number 63: Agency Contact Person: Jody Wald, Captive Coordinator, Captive Insurance Group (212-480-2757)
63. Summary description of proposal: Adoption of a new part to 11 NYCRR to clarify certain statutory provisions as they apply to captive insurance companies licensed in the State of New York pursuant to Article 70 of the New York Insurance Law.
DEPARTMENT OF LABOR
Pursuant to subdivision 1 of section 202-d of the State Administrative Procedure Act, as amended by chapter 635 of the laws of 1995, notice is hereby provided of the following rules that the Department of Labor is considering proposing, but for which a rule making proceeding has not been commenced.
1. Amendment to Title 12 NYCRR Part 800 to incorporate by reference into New York Occupational Safety and Health standards those safety and health standards adopted by the United States Department of Labor Occupational Safety and Health Administration.
2. Amendments to Title 12 NYCRR Part 56 to modify and clarify the requirements and procedures for the licensing and certification of asbestos workers and contractors and the notification of and procedures for asbestos projects.
3. Amendment to Title 12 NYCRR Part 4 and Part 14 to modify the frequency of inspection of certain boilers.
4. Addition to Title 12 NYCRR, Chapter II, Subchapter E, regarding the Child Performer Education & Trust Act as required by Chapter 630 of the Laws of 2003.
5. Addition to Title 12 NYCRR pursuant to Chapter 721 of the Laws of 2004 which requires that rules and regulations be promulgated to detail what information must be included in written statements provided by licensed employment agencies to certain applicants for employment and their employers.
6. Addition of Part 551 to Title 12 NYCRR to implement regulations required by Chapter 601 of the Laws of 2002 that provide for the Department to promulgate regulations describing the form and content of the financial records required by Section 211-a of the Labor Law as well as advisory regulations to State entities relating to the implementation of contractual and administrative measures to enforce Section 211-a. The regulations would require employers that received funds appropriated by the State to establish and maintain financial records that demonstrate State funds were not spent on activities that either encouraged or discouraged union organization. The regulation also requires employers to certify compliance with Section 211-a as part of every State contract.
7. Addition of a Part to Title 12 NYCRR to implement regulations required by Chapter 82 of the Laws of 2006 requiring public employers to develop and implement programs to prevent workplace violence. The regulations must state that public employers with at least 20 full time permanent employees must evaluate the potential risks of workplace violence that exist within their workplaces. Public employers must also develop and implement a written workplace violence prevention program to prevent and minimize the hazard of workplace violence to their employees.
8. Amendment to Part 45 of Title 12 NYCRR to implement regulations required by Chapter 368 of the Laws of 2006 which requires the Commissioner, in consultation with the Amusement Safety Advisory Board, to establish rules and regulations providing standards for the design, manufacture, testing, inspection, quality assurance and terminology of amusement devices. The rules and regulations should be consistent with the national standards for amusement devices, as established by the American Society of Testing and Materials.
To obtain information or submit written comments regarding this regulatory agenda, contact Diane Wallace Wehner, Legal Assistant II, New York State Department of Labor, Building 12, State Office Campus, Counsel's Office, Room 509, Albany, New York 12240, [email protected], (518) 457-4380.
This regulatory agenda was prepared and submitted by Diane Wallace Wehner, Legal Assistant II, New York State Department of Labor, Building 12, State Campus, Counsel's Office, Room 509, Albany, New York 12240, (518) 457-4380.
DEPARTMENT OF MOTOR VEHICLES
Pursuant to section 202-d of the State Administrative Procedure Act, the Department of Motor Vehicles presents its regulatory agenda for 2007. All references are to Title 15 of the New York Code of Rules and Regulations. The Department reserves the right to add, delete or modify any item presented in this agenda.
1. Amend Part 3 to revise the definition of metal coil to include the words “metal rod”, pursuant to a rule issued on June 22, 2006 by the Federal Motor Carrier Safety Administration.
2. Amend Part 5 to add the requirement that Low-Vision or Telescopic lens wearers be required to submit their vision reports based upon a vision examination performed within the previous 60 days, in order to conform with current procedures and forms.
3. Amend Part 6 to incorporate Federal medical standards for all bus drivers and to update provisions regarding fingerprinting of school bus drivers to conform to Division of Criminal Justice Services requirements regarding the collection and use of criminal history reports.
4. Amend Part 7 and Part 76 to update the driving school and pre-licensing regulations to define certain terms, clarify requirements and revise the rules to address flexibility for businesses.
5. Amend Part 8 to waive the CDL skills test for qualified military personnel, waive the road and written tests for persons who were validly licensed within the past two years, and clarify provisions regarding probationary periods for drivers who are not required to take the road test when applying for re-licensure after revocation.
6. Amend Part 16 to modify criteria regarding the issuance of special license plates.
7. Amend Part 21 to clarify standards for the Temporary Certificate of Indicia, the “inspection sticker” and replacement stickers.
8. Amend Part 43 to conform New York State's lighting requirements to federal requirements.
9. Amend Parts 46 and 58 to allow the use of a stop sign/mirror device on the right side of a school bus to enhance the view of the driver.
10. Amend Part 54 to conform the regulations related to motorcycle helmets, goggles, face shields and windscreens to federal law.
11. Amend Part 78 to add additional vehicle identification information on the bill of sale and to define a “place of business.”
12. Amend Part 79 to reflect revisions to both the emissions and safety inspection programs and make minor revisions to the heavy vehicle inspection program.
13. Amend Part 81 in relation to conforming the regulation to Vehicle and Traffic Law statutory fees and to address a discrepancy in relation to out of state bidders at salvage pool auctions.
14. Amend Part 82 in relation to adding the repair shop facility number on the estimate, adding the registration plate number or vehicle identification number on the invoice, and making the placement of signs consistent with such placement in the dealer regulations.
15. Amend Part 102 to make the regulatory definition of low speed vehicle consistent with the statutory definition.
16. Amend Part 124 in relation to the introduction of business records at DMV's Traffic Violation Bureau hearings.
17. Amend Part 134 in relation to the criteria for the issuance of a conditional license to a person whose license has been “permanently” revoked pursuant to Vehicle and Traffic Law section 1192(3)(b)(12) after such person has served a minimum of three years of the revocation period.
18. Amend Part 136 to revise the criteria for the re-licensure of drivers after revocation.
19. Create a new Part 141 to specify the requirements and standards for the on-line Point Insurance Reduction Program.
OFFICE OF REAL PROPERTY SERVICES
The New York State Office of Real Property Services has begun the process for approval by the Governor's Office of Regulatory Reform of an amendment to Part 188 of Title 9 to revise the basic course of training for assessors and directors of county real property tax service agencies and an amendment to Part 190 of Title 9 to revise the annual license fee paid by school districts that use the Real Property System (RPS).
In addition the agency is preparing amendments to Part 199 of Title 9 to facilitate the use of electronic filing of information in the taxable State land program.
To obtain information or submit written comments regarding this regulatory agenda, contact James J. O'Keeffe, Associate Attorney, New York State Office of Real Property Services, 16 Sheridan Avenue, Albany, 12210-2714, (518) 474-8821
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
Pursuant to section 202-d of the State Administrative Procedure Act (SAPA), the Office of Temporary and Disability Assistance (OTDA) is required to publish a regulatory agenda for those regulations that it is considering for publication in the State Register. Set forth below is an agenda for the first half of 2007. Section 202-d of SAPA does not preclude OTDA from proposing for adoption a regulation that is not described in the agenda, nor does it require OTDA to propose for adoption a regulation described in the agenda.
Child Support
Revise procedures for the distribution of child support collections to reflect changes in Federal requirements.
Revise case closing criteria for child support cases.
Amend references to child support standards chart to reflect annual change in the federal poverty income guidelines amount and the self-support reserve.
Amend tax refund offset regulation to reflect changes resulting from Deficit Reduction Act.
Establish guidelines for the local child support enforcement units to follow in determining whether and under what circumstances a passport, which has been revoked, denied or suspended by the US Department of State due to non-payment of child support, may be released.
Update Desk Reviews of the Distribution of Child Support Payments regulation.
Amend procedures to allow earlier financial investigation of a putative father to facilitate the establishment of a child support order.
Revise regulation pertaining to federal incentive payments.
Employment and Transitional Supports
Clarify provisions concerning the submission of a social security number as a condition of eligibility for public assistance.
Extend the deeming of an alien sponsor's income and resources to federally funded safety net assistance.
Provide consistency between the Family Assistance program and the Safety Net Assistance program concerning the treatment of loans, income and resources.
Provide local districts the opportunity to request waivers of face-to-face recertification interviews for Temporary Assistance recipients.
Delete the regulatory provisions requiring quarterly reporting.
Amend regulations to add timeliness provisions for reporting changes in income.
Revise regulations relating to methods of providing HEAP payments to allow payments to be issued by both the State and the local social services districts.
Revise assessment regulations to make the requirements for exempt individuals in households without dependent children consistent with those for exempt individuals in households with dependent children.
Authorize shift of certain cases to non-TANF Family Assistance or to non-MOE Safety Net Assistance to facilitate implementation of changes made by the Deficit Reduction Act of 2005.
Amend employment program provisions for notices of conciliation and notices of discontinuance or reduction to implement plain language requirements.
Establish additional guidelines regarding work activity definitions and work documentation and verification procedures to make them consistent with standards required by Interim Final TANF regulations implementing the Deficit Reduction Act of 2005.
Implement changes to participation rate regulations to conform to amendments to Social Services Law which require social services districts to expand the countable work activities available to Safety Net Assistance participants without children to include community service programs, the provision of child care services to an individual participating in community service and time limited vocational education training and job search and job readiness assistance.
Clarify how participation rates are calculated based on federal reporting requirements and clarify the calculation of two distinct Safety Net Assistance work participation rates.
Correct a technical error in regulation related to good cause for failing to comply with work requirements.
Identify cases that may be excluded from participation rates pursuant to federal TANF regulations.
Repeal provisions which permit foster care parents and individuals who are caring for a disabled household member to be deemed as community service participants as required by Interim Final TANF regulations implementing the Deficit Reduction Act of 2005.
Revise food stamp employment and training regulations to conform to federal regulations.
Update the determination of food stamp eligibility regulations to include SSI live-alone New York State Nutrition Improvement Program provisions, and education grant exclusions, implementation of the Group Home Standardized Benefit program, delete monthly reporting/retrospective budgeting references and add provisions for change reporting.
Delete provisions relating to Food Assistance Program.
Conform regulations concerning in-office interviews for food stamp applicants to federal requirements.
Clarify the policy regarding claims establishment and the collection process for food stamp overpayments.
Generally update Food Stamp regulations to conform to recent changes in the federal regulations.
Program Support and Quality Improvement
Allow the matching of finger images with the Division of Criminal Justice Services to identify clients who are fugitive felons, parole/probation violators and clients who are incarcerated.
Reimbursement and Claims
Amend provisions concerning sampling of cases for quality control purposes.
Amend maintenance assistance sections to reflect new program categories under Welfare Reform.
Add a section on fiscal penalties/sanctions that may be applied to social services districts resulting from Welfare Reform requirements.
Replace administrative cost cap section with new material regarding the Flexible Fund for Family Services (FFFS) and the Local Administration Fund (LAF).
Amend employment section to reflect new program categories under Welfare Reform.
Amend regulations concerning reimbursement claiming to reflect current Federal and State requirements and current State and local district practices.
Technical Amendments
Implement provisions of Chapter 22 of the Laws of 2005 concerning the time to respond to requests for records under the Freedom of Information Law. Implement provisions of Chapter 182 of the Laws of 2006 concerning requesting and obtaining records by means of electronic mail.
Revise the regulations concerning eligibility for public assistance to reflect current terminology and policy.
Update references to the employment program from 12 NYCRR Part 1300 to 18 NYCRR Part 385.
Amend regulations concerning veteran assistance to reflect statutory requirements and current terminology.
Revise HEAP regulation containing an undesignated paragraph.
Any questions concerning the items listed in this agenda can be referred to Jeanine Stander Behuniak, Office of Temporary and Disability Assistance, 40 North Pearl Street 16C, Albany, New York 12243. Telephone: (518) 474-9779. E-mail: Jeanine.Behuniak@ OTDA.state.ny.us. The regulatory agenda may be accessed on the Office of Temporary and Disability Assistance's website at www.otda.state.ny.us.
WORKERS' COMPENSATION BOARD
Pursuant to section 202-d of the State Administrative Procedures Act, the Workers' Compensation Board presents its regulatory agenda for January 2007. All references are to Title 12 of the New York Code of Rules and Regulations. The Board reserves the right to add, delete or modify any item presented in this agenda. The Workers' Compensation Board is considering proposing the following:
1. Add a new Part 304 to implement the provisions contained within Chapter 638 of the Laws of 2004, as amended by Chapter 70 of the Laws of 2005. Chapter 638 of the Laws of 2004 provided for the direct deposit of workers' compensation benefit payments upon written request of the injured employee. Chapter 70 of the Laws of 2005 clarified that participation by employers in the direct deposit program was voluntary and not mandated.
2. Add a new Part 325-9, pursuant to Workers' Compensation Law sections 13 (e) and 20, to establish guidelines and parameters for the use of impartial medical specialists when an established claim requires an expert opinion or examination.
3. Amend Section 300.2 regarding independent medical examinations regarding the time period within which reports of such examinations must be filed with the Board and served on all others, procedures for review of records without an examination of a claimant, process to revoke the authorization of an independent medical examiner whose medical license has been restricted or Board Certification revoked, and process to rescind the registration of independent medical examination entities who engage in misconduct.
4. Add a new Section 325-1.25 to set forth the process for temporary suspensions of medical professionals who are authorized to treat or conduct independent medical examinations of claimants.
5. Repeal Part 310.1, pursuant to Chapter 635, Section 58 of the Laws of 1996, which omitted Section 110(b) of the Workers' Compensation Law and made Rule 310.1 obsolete.
6. Amend Sections 300.22, 300.23, 300.29, and 403.1 to eliminate references to obsolete forms.
7. Amend Part 300 to remove references to obsolete bureaus, and board staff, as well as provide for technological advancements and the appropriate location of the Board's executive offices.
8. Amend Parts 300, 315, 316, 317, 355, 356, 357, 358-1, 358-3, 359, 360, 361, 362, 363, 364, 375, 376, 377, 378, 379, 390, 391, and 393 to change all references from “Chairman”, “chairman” and “chair” to “Chair” for uniformity and to connote gender neutrality and to correct punctuation, grammatical and typographical errors. Subpart 358-3 and sections 363.12 and 378(1) are being amended so that the headings conform to the text of the rules contained in the subpart and sections. Section 363.11(a) is being further amended to comply with notice filing requirements established in section 217 of the Workers' Compensation Law.
The Board will continue to review its rules in an effort to provide for clearer and more accurate references to Board policies and procedures, while also eliminating typographical errors and obsolete forms/practices, etc.
To obtain information or submit written comments regarding this regulatory agenda, contact Cheryl M. Wood, General Counsel, Workers' Compensation Board, 20 Park Street, Rm. 401, Albany, NY 12207, (518) 486-9564, e-mail: Office of [email protected]
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