BEFORE THE DEPARTMENT OF PUBLIC
HEALTH AND HUMAN SERVICES OF THE
STATE OF MONTANA
TO: All Concerned Persons
1. On June 7, 2012, the Department of Public Health and Human Services published MAR Notice No. 37-588 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1126 of the 2012 Montana Administrative Register, Issue Number 11.
2. The department has amended ARM 37.57.102, 37.57.105, 37.57.106, 37.57.109, 37.57.110, 37.57.111, and 37.57.117 as proposed.
3. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:
37.57.118 PROGRAM RECORDS (1) The department will retain specialty clinic participants
records case files of CSHS services provided for a client for a period of five years after the child reaches the age of 18 as set forth in the Montana Secretary of State records management form #1, record series profile, program code 6901073 retention schedule, records series title "Specialty Clinic Participant Case Files."
(2) Prior to destroying specialty clinic participant
records case files, the department will advertise that the records case files may be obtained by those to whom they pertain by publishing a notice in Montana's major newspapers once per week for three consecutive weeks.
Records Case files remaining unclaimed for three months after the public notice described in (2) is completed will be destroyed after the department receives the approval of the state records committee required by 2-6-212, MCA.
(4) The department will retain CSHS financial assistance
client records case files for five years from the last contact service date, as set forth in the Montana Secretary of State records retention schedule, records series title "Financial Assistance Case Files."
(5) The financial assistance
records case files will be destroyed after the program receives approval from the state records committee required under 2-6-212, MCA.
(6) The department will retain all electronic data
permanently as set forth in the Montana Secretary of State records management form #1, record series profile program code 6901073 retention schedule, records series title "CHRIS Files."
AUTH: 50-1-202, MCA
IMP: 50-1-202, MCA
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 comment was received requesting clarification and a response regarding the potential reduced capacity of a county registered dietician, social worker, or public health nurse due to the department removing language found in ARM 37.57.110(5).
RESPONSE #1: The department deleted this text because it was determined this language was not needed as this is standard operation of the Children's Special Health Services Section. The amendment does not cause potential reduction of capacity.
COMMENT #2: A comment was received noting the need to further amend language in ARM 37.57.118 in order to reference the Secretary of State's record retention policies.
RESPONSE #2: The department has amended ARM 37.57.118 to accurately reflect the Secretary of State's record-retention procedures for case files, formerly referenced as "records." Additional amendments, made by the department, are the removal of "form numbers" and the addition of a reference to the Secretary of State's retention schedule.
/s/ Shannon L. McDonald /s/ Jane Smilie for
Rule Reviewer Anna Whiting Sorrell, Director
Public Health and Human Services
Certified to the Secretary of State August 13, 2012