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Montana Administrative Register Notice 37-669 No. 8   04/24/2014    
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BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.87.1803, 37.106.1955, and 37.106.1961 pertaining to the mental health center: comprehensive school and community treatment program (CSCT) endorsement requirements

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

 

TO: All Concerned Persons

 

            1. On May 15, 2014, 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 amendment 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 May 8, 2014, 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 rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            37.87.1803 COMPREHENSIVE SCHOOL AND COMMUNITY TREATMENT PROGRAM: REIMBURSEMENT (1) and (2) remain the same.

            (3) One team with two full-time employees will not be reimbursed for more than 720 billing units per team per month. Services must be billed in the month the service is provided. The licensed or in-training mental health professional must provide at least half 40 percent of the units billed by the team each month. Billing units are calculated based on the sum total of minutes each professional spent with the youth per day.

            (4) through (11) remain the same.

 

AUTH: 53-2-201, 53-6-113, MCA

IMP:     50-5-103, 53-2-201, 53-6-101, 53-6-111, 53-6-113, MCA

 

            37.106.1955 MENTAL HEALTH CENTER: COMPREHENSIVE SCHOOL AND COMMUNITY TREATMENT PROGRAM (CSCT) ENDORSEMENT REQUIREMENTS (1) and (2) remain the same.

            (3) As of July 1, 2014 October 1, 2014, the child and adolescent needs and strengths (MT CANS MT ) assessment must be initiated for each youth with serious emotional disturbance (SED) enrolled to receive services in the CSCT program within fourteen calendar days of receipt of a referral signed by the person referring the youth and by a parent or legal representative/guardian of the youth. The MT CANS MT must be:

            (a) through (4) remain the same.

 

AUTH: 53-2-201, 53-6-113, MCA

IMP:     50-5-103, 53-2-201, 53-6-101, 53-6-111, 53-6-113, MCA

 

            37.106.1961 MENTAL HEALTH CENTER: COMPREHENSIVE SCHOOL AND COMMUNITY TREATMENT (CSCT) PROGRAM, RECORD REQUIREMENTS

            (1) remains the same.

            (2) In addition to (1), beginning July 1, 2014 October 1, 2014, youth records must also include the child and adolescent needs and strengths (MT CANS MT ) assessment results.

            (3) and (4) remain the same.

 

AUTH: 53-2-201, 53-6-113, MCA

IMP:     50-5-103, 53-2-201, 53-6-101, 53-6-111, 53-6-113, MCA

 

            4. STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (department) is proposing to amend ARM 37.87.1803, 37.106.1955, and 37.106.1961 that pertain to the Mental Health Center: Comprehensive School and Community Treatment Program (CSCT) endorsement requirements

 

ARM 37.87.1803

 

The department proposes to amend ARM 37.87.1803 to allow for the licensed or in-training mental health professional to provide for 40 percent of the units billed by the CSCT team each month rather than 50 percent. This is necessary to allow providers more flexibility of services using their clinical judgment in order to meet the youth's therapeutic needs.

 

ARM 37.106.1955 and 37.106.1961

 

The department proposes to amend these rules to change the implementation date that requires the providers to use the Child and Adolescent Needs and Strengths (CANS MT) assessment. This is necessary in order to allow providers adequate time during the summer months to train their staff on implementation of CANS MT.

 

Fiscal Impact

 

It is difficult to anticipate how this will change provider service and billing activity. It is expected that there may be some additional billing under the proposed rule, as the current rule may limit the number of units a team can bill in a month if the professional staff is not providing 50 percent of the allowable units of the face-to-face service. The behavioral aide under the current rule may only bill units equal to the professional staff; therefore, even if they provide more face-to-face service than the professional staff, they may only bill the number of units billed by the professional staff. Currently most teams have room under the limit cap of 720 units per month per team. On average 280 CSCT teams billed units each month in state fiscal year (SFY) 2013, but approximately 73 percent or 205 teams on average bill less than 700 units in a given month. If each of the 205 teams that billed less than 700 units increased billable services this could equate to additional federal funds and additional school match.

 

            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., May 22, 2014.

 

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 rules 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 April 14, 2014.

 

 

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