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Montana Administrative Register Notice 37-501 No. 6   03/25/2010    
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BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the repeal of ARM 37.57.1001 pertaining to the Title V maternal and child health block grant

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NOTICE OF PUBLIC HEARING ON PROPOSED REPEAL

 

TO:  All Concerned Persons

 

            1.  On April 22, 2010, at 10:00 a.m., the Department of Public Health and Human Services will hold a public hearing in the auditorium of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed repeal of the above-stated rule.

 

            2.  The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact Department of Public Health and Human Services no later than 5:00 p.m. on April 13, 2010, to advise us of the nature of the accommodation that you need.  Please contact Rhonda Lesofski, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail dphhslegal@mt.gov.

 

            3.  The department proposes to repeal the following rule:

 

            37.57.1001  MATERNAL AND CHILD HEALTH BLOCK GRANT:  STANDARDS FOR RECEIPT OF FUNDS, found on page 37-12699 of the Administrative Rules of Montana.

 

AUTH:  50-1-202, MCA

IMP:  50-1-202, MCA

 

            4.  The Department of Public Health and Human Services (the department) is proposing the repeal of ARM 37.57.1001 pertaining to the Title V maternal and child health block grant.  The department determined that requirements found in ARM 37.57.1001 are more appropriately suited in a contract format.  The Maternal and Child Health Block Grant Contract is issued yearly to contractors and incorporates these requirements.  Therefore, the department proposes to repeal ARM 37.57.1001.

 

There are no new rules being proposed to replace ARM 37.57.1001.  The department's intent is to repeal this rule.

 

The department considered developing a Maternal and Child Health Policy Manual as an alternative.  The department further determined that it would be more cost effective to recommend that the Maternal and Child Health Block Grant Contract, which incorporates all the requirements as found in ARM 37.57.1001, be selected as the replacement for ARM 37.57.1001.

 

There is no federal or state law that requires ARM 37.57.1001.

 

Fiscal Impact

 

There is no fiscal impact for proposing to repeal ARM 37.57.1001.

 

            5.  Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to: Rhonda Lesofski, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail dphhslegal@mt.gov, and must be received no later than 5:00 p.m., April 23, 2010.

 

            6.  The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.

 

            7.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.

 

            8.  An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

            9.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

 

/s/  Shannon McDonald                                /s/  Anna Whiting Sorrell                              

Rule Reviewer                                               Anna Whiting Sorrell, Director

                                                                        Public Health and Human Services

           

Certified to the Secretary of State March 15, 2010.

 

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