BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.34.201 and the repeal of ARM 37.34.202, 37.34.207, 37.34.208, 37.34.211, 37.34.212, 37.34.217, 37.34.222, 37.34.225, and 37.34.226, pertaining to eligibility

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AMENDED NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

1. On September 5, 2013, the Department of Public Health and Human Services published MAR Notice No. 37-645 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 1574 of the 2013 Montana Administrative Register, Issue Number 17.

 

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 November 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 MT 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail dphhslegal@mt.gov.

 

3.  Due to the publication of an updated version of the Determining Eligibility for Services to Persons with Developmental Disabilities in Montana: A Staff Reference Manual, the department is proposing additional amendments.

 

4. The rules as proposed are being amended as follows, new matter underlined, deleted matter interlined:

 

            37.34.201 ELIGIBILITY: GENERAL ELIGIBILITY REQUIREMENTS

            (1) remains as proposed.

            (2) The Determining Eligibility for Services to Persons with Developmental Disabilities in Montana: A Staff Reference Manual, 5th 6th Edition, 2011 2013, sets forth the requirements for eligibility of the DDP's service programs.

            (3) Eligibility for the DDP service programs, with the exception of federally funded Part C services, must be determined in accordance with the requirements of the Determining Eligibility for Services to Persons with Developmental Disabilities in Montana: A Staff Reference Manual, 5th 6th Edition, 2011 2013. A copy of the manual may be obtained from the Department of Public Health and Human Services, Developmental Services Division, Developmental Disabilities Program, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604 or at http://www.dphhs.mt.gov/dsd/ddp/ddeligmanual.pdf.

 

AUTH: 53-20-204, 53-6-402, MCA

IMP:     53-20-203, 53-20-209, 53-6-402, MCA

 

5. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Kenneth Mordan, Office of Legal Affairs, Department of Public Health and Human Services, P.O. Box 4210, Helena MT 59604-4210, no later than 5:00 p.m. on November 25, 2013. Comments may also be faxed to (406) 444-9744 or e-mailed to dphhslegal@mt.gov.

 

/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 November 4, 2013.