BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the repeal of ARM 37.34.301, 37.34.302, 37.34.306, 37.34.307, 37.34.308, 37.34.309, 37.34.310, 37.34.311, 37.34.318, 37.34.319, 37.34.325, 37.34.329, 37.34.330, and 37.34.335, pertaining to placement determinations

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NOTICE OF PUBLIC HEARING ON PROPOSED REPEAL

 

TO: All Concerned Persons

 

            1. On September 25, 2013, at 11:00 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 rules.

 

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 September 18, 2013, to advise us of the nature of the accommodation that you need. Please contact Kenneth Mordan, 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 rules:

 

37.34.301 PLACEMENT DETERMINATIONS: PURPOSE is found on page 37-7283 of the Administrative Rules of Montana.

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP:     53-20-203, 53-20-209, MCA

 

            37.34.302 PLACEMENT DETERMINATIONS: DEFINITIONS is found on page 37-7283 of the Administrative Rules of Montana.

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP:     53-20-203, 53-20-209, MCA

 

            37.34.306 PLACEMENT DETERMINATIONS: REFERRAL PROCESS is found on page 37-7289 of the Administrative Rules of Montana. 

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP:     53-20-203, 53-20-209, MCA

 

            37.34.307 PLACEMENT DETERMINATIONS: SCREENING PROCEDURES is found on page 37-7291 of the Administrative Rules of Montana.

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP:    53-20-203, 53-20-209, MCA

 

            37.34.308 PLACEMENT DETERMINATIONS: CRITERIA is found on page 37-7292 of the Administrative Rules of Montana.

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP:    53-20-203, 53-20-209, MCA

 

            37.34.309 PLACEMENT DETERMINATIONS: LOCAL SCREENING COMMITTEES is found on page 37-7293 of the Administrative Rules of Montana.

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP: 53-20-203, 53-20-209, MCA

 

            37.34.310 PLACEMENT DETERMINATIONS: CENTRAL SCREENING COMMITTEE is found on page 37-7294 of the Administrative Rules of Montana.

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP:    53-20-203, 53-20-209, MCA

 

            37.34.311 PLACEMENT DETERMINATIONS: CATEGORICAL EXCEPTIONS TO PLACEMENT RULES is found on page 37-7295 of the Administrative Rules of Montana. 

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP:    53-20-203, 53-20-209, MCA

 

            37.34.318 PLACEMENT DETERMINATIONS: SUPPORTED LIVING SCREENING is found on page 37-7303 of the Administrative Rules of Montana.

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP:    53-20-203, 53-20-209, MCA

 

            37.34.319 PLACEMENT DETERMINATIONS: SUPPORTED EMPLOYMENT SCREENING is found on page 37-7303 of the Administrative Rules of Montana. 

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP:   53-20-203, 53-20-209, MCA

 

            37.34.325 PLACEMENT DETERMINATIONS: SERVICE EXCHANGE is found on page 37-7307 of the Administrative Rules of Montana. 

 

AUTH: 53-2-204, 53-20-203, 53-20-204, MCA

IMP: 53-20-203, 53-20-209, MCA

 

            37.34.329 PLACEMENT DETERMINATIONS: TRIAL PLACEMENT is found on page 37-7311 of the Administrative Rules of Montana.

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP: 53-20-203, 53-20-209, MCA

 

            37.34.330 PLACEMENT DETERMINATIONS: TEMPORARY SERVICE AUTHORIZATION is found on page 37-7311 of the Administrative Rules of Montana.

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP: 53-20-203, 53-20-209, MCA

 

            37.34.335 PLACEMENT DETERMINATIONS: NOTICES AND APPEALS is found on page 37-7315 of the Administrative Rules of Montana.

 

AUTH: 53-2-201, 53-20-203, 53-20-204, MCA

IMP:    53-20-203, 53-20-209, MCA

 

            4. STATEMENT OF REASONABLE NECESSITY

 

Effective July 1, 2013, the Department of Public Health and Human Services (department) implemented a new screening policy for acceptance of eligible persons into the Medicaid-funded home and community services program for persons with developmental disabilities administered by the Developmental Disabilities Services Program. This new screening policy was implemented at the direction of the federal Centers for Medicare and Medicaid (CMS) which is responsible for the federal administration and oversight of the Medicaid home and community waiver programs. The department is proposing to repeal the existing rule set at ARM Title 37, chapter 34, subchapter 3 in order to comply with the CMS directive and draft a new placement rule set for the program.

 

            5. The department intends to apply these rules retroactively to July 1, 2013. A retroactive application of the proposed rules does not result in a negative impact to any affected party.

 

            6. 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: Kenneth Mordan, 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., October 3, 2013.

 

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

 

8. 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 6 above or may be made by completing a request form at any rules hearing held by the department.

 

9. 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.

 

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

 

11. With regard to the requirements of Chapter 318, Section 1, Laws of 2013, the department has determined that the repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Cary B. Lund                                           /s/ Richard H. Opper                                   

Cary B. Lund                                                Richard H. Opper, Director

Rule Reviewer                                             Public Health and Human Services

           

Certified to the Secretary of State August 26, 2013.