Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

In the matter of the amendment of ARM 37.87.1303, 37.87.1305, 37.87.1307, 37.87.1321, and 37.87.1333, and the repeal of ARM 37.87.1323, 37.87.1338, 37.87.1339, 37.87.1340, 37.87.1341, 37.87.1342, 37.87.1343, 37.87.1344, 37.87.1345, and 37.87.1346 pertaining to home and community-based services for youth with serious emotional disturbance (waiver)

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NOTICE OF AMENDMENT AND REPEAL

TO: All Concerned Persons

1. On May 26, 2011, the Department of Public Health and Human Services published MAR Notice No. 37-538 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 841 of the 2011 Montana Administrative Register, Issue Number 10.

2. The department has amended the above-stated rules as proposed.

3. The department has repealed the above-stated rules as proposed.

4. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

COMMENT #1: A commenter at the hearing testified that peer-to-peer services are an essential component of wraparound services and argued that the reimbursement rate is too low to recruit, train, and retain peers. The commenter stated reimbursement rates are insufficient to cover the overhead costs of small providers and asks the department to review the rates, taking into consideration the flexibility of smaller agencies.

RESPONSE #1: The department is not, through this proposed ARM amendment, decreasing the rates paid for peer-to-peer services. The department is appreciative of the commenter's testimony and will keep these comments in mind if an opportunity arises where rates may be adjusted.

/s/ John Koch /s/ Mary E. Dalton for

Rule Reviewer Anna Whiting Sorrell, Director

Public Health and Human Services

Certified to the Secretary of State July 18, 2011.