Montana Administrative Register Notice 42-2-850 No. 19   10/14/2010    
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In the matter of the amendment of ARM 42.31.1002 relating to the hospital utilization fee






TO:  All Concerned Persons


1.  On November 4, 2010, at 1:00 p.m., a public hearing will be held in the Third Floor Reception Area Conference Room of the Sam W. Mitchell Building, at Helena, Montana, to consider the amendment of the above-stated rule.

Individuals planning to attend the hearing shall enter the building through the east doors of the Sam W. Mitchell Building, 125 North Roberts, Helena, Montana.


2.  The Department of Revenue will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice.  If you require an accommodation, contact the Department of Revenue no later than 5:00 p.m., October 18, 2010, to advise us of the nature of the accommodation that you need.  Please contact Cleo Anderson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-5828; fax (406) 444-4375; or e-mail canderson@mt.gov.


3.  The rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined:


            ARM 42.31.1002  FEE  (1)  Each hospital in the state shall pay to the department a utilization fee in the amount of $27.70 for each inpatient bed day for the period between January 1, 2007, and June 30, 2007 as specified in the schedules shown in 15-66-102, MCA.


AUTH:  15-66-104, MCA

IMP:  15-66-102, MCA


REASONABLE NECESSITY:  The department is proposing to amend ARM 42.31.1002 to delete the utilization fee of $27.70 because it is no longer applicable.  The law was changed in 2009, with the passage of Ch. 489, L. 2009, to provide for a different fee for each inpatient bed day of service for specified dates.  The rule directs taxpayers to the statute where they can find the appropriate fee for a particular date.


Prior to this amended rule the administrative rule stated the actual fee rate for a specific period.  The statute requires the fee to change periodically causing the department to change the administrative rule each time the fee rate changed, requiring constant amendments and changes to the administrative rules.


The practice of not listing the actual fee or tax rates but referencing the appropriate statute has become common rule practice for the department.


4.  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: Cleo Anderson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-5828; fax (406) 444-4375; or e-mail canderson@mt.gov and must be received no later than November 19, 2010.


5.  Cleo Anderson, Department of Revenue, Director's Office, has been designated to preside over and conduct the hearing.


6.  An electronic copy of this Notice of Public Hearing is available through the department's site on the World Wide Web at www.mt.gov/revenue, under "for your reference"; "DOR administrative rules"; and "upcoming events and proposed rule changes."  The department strives to make the electronic copy of this Notice of Public Hearing 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 department strives 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.


7.  The Department of Revenue 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, which includes the name and e-mail or mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding particular subject matter or matters.  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 person in 4 above or faxed to the office at (406) 444-4375, or may be made by completing a request form at any rules hearing held by the Department of Revenue.


8.  The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled.  The primary bill sponsor, Senator John Cobb, SB 118 (2007 Session) was contacted on September 15, 2010, by electronic mail.




/s/  Cleo Anderson                            /s/  Dan R. Bucks

CLEO ANDERSON                          DAN R. BUCKS

Rule Reviewer                                   Director of Revenue


Certified to Secretary of State October 4, 2010


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