Montana Administrative Register Notice 37-649 No. 18   09/19/2013    
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In the matter of the amendment of ARM 37.87.2203 pertaining to non-Medicaid services program







TO: All Concerned Persons


            1. On October 10, 2013, at 2:30 p.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 amendment 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 October 2, 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 rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


            37.87.2203 YOUTH SYSTEM OF CARE ACCOUNT, REQUIREMENT NON-MEDICAID SERVICES PROGRAM (1) The department shall use funds from this account to reimburse in state or community based service providers that allow high risk youth with multi-agency service needs to be served in the least restrictive and most appropriate setting. The Children's Mental Health Bureau (CMHB) administers the Non-Medicaid Services Program for youth with serious emotional disturbance to provide the following short-term funding:

            (a) Supplemental Services Program;

            (b) Room and Board Account; and

            (c) System of Care Account.

            (2) The youth must be eligible for Medicaid. This subchapter is not intended to and does not establish an entitlement for any youth to be determined eligible for or to receive any services under the CMHB Non-Medicaid Services Program. The department may, in its discretion, limit services, rates, eligibility, and the number of youth determined eligible under the plan based upon such factors as availability of funding, the degree of financial need, the degree of medical need, and other factors.

            (3) The youth must meet serious emotional disturbance (SED) criteria outlined in ARM 37.87.303. The CMHB's Non-Medicaid Services Program provider Manual, dated November 1, 2013, sets forth the requirements and limitations of the CMHB's Non-Medicaid Services Program.

            (4) The youth must be at high risk for one of the following: The CMHB Non-Medicaid Services Program for youth with serious emotional disturbance must be delivered in accordance with the requirements and limitations of the Children's Mental Health Bureau's Non-Medicaid Services Program Provider Manual, dated November 1, 2013. A copy of the manual may be obtained from the Department of Public Health and Human Services, Developmental Services Division, Children's Mental Health Bureau, 111 N. Sanders, PO Box 4210, Helena, MT 59604 or at http://www.dphhs.mt.gov/mentalhealth/children/.

            (a)  needing more restrictive level of care;

            (b) remaining in restrictive level of care if no other appropriate placement options are available;

            (c) posing a safety risk to self or others; and

            (d) having multiple treatment and/or placement failures.

            (5) The services the youth receives:

            (a) shall provide for the care and protection and mental, social, and physical development of the high risk youth with multi-agency service needs;

            (b) must be specified in the youth's integrated treatment plan;

(c) cannot be eligible for reimbursement from another source;

            (d) must be identified as part of a planning process;

            (e) shall maintain the youth in a community setting or return the youth to a community setting as a priority; and

            (f) shall be prior authorized by the department or its designee. 


AUTH:   53-2-201, 53-6-113, 53-21-703, MCA

IMP:     53-1-601, 53-1-602, 53-1-603, 53-2-201, 53-21-201, 53-21-202, 53-21-701, 53-21-702, MCA




The Department of Public Health and Human Services, Children's Mental Health Bureau (CMHB) is proposing amendments to ARM 37.87.2203 by adding Room and Board Account to the CMBH's non-Medicaid funded services. This is necessary in order to implement the mandate of HB2 of the 63rd Montana Legislature which delegated $650,000 for room and board funding for children with serious emotional disturbance. The amendments also combine Children's Mental Health Bureau's non-Medicaid funding sources into a comprehensive manual. It is necessary for the department to incorporate these services under one rule to organize and streamline access to services covered with non-Medicaid funds.


Fiscal Impact


The proposed amendments to ARM 37.87.2203 will implement the $650,000 allocation of general fund dollars for room and board funding for youth with serious emotional disturbance, as mandated in HB2 from the 63rd Montana Legislature.


            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: 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 17, 2013.


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.


10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.



/s/ John C. Koch                                          /s/ Richard H. Opper                                   

John C. Koch                                              Richard H. Opper, Director

Rule Reviewer                                              Public Health and Human Services


Certified to the Secretary of State September 9, 2013.



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