Montana Administrative Register Notice 37-674 No. 12   06/26/2014    
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BEFORE THE Department of Public

health and human services of the



In the matter of the amendment of ARM 37.34.3005 and 37.86.3607 pertaining to the update of developmental disabilities program home and community-based waiver and case management reimbursement









TO: All Concerned Persons


1. On May 8, 2014, the Department of Public Health and Human Services published MAR Notice No. 37-674 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 933 of the 2014 Montana Administrative Register, Issue Number 9.


2. The department has amended the above-stated rules as proposed.


3. 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: Multiple commenters stated concern that the change to the percentage-based administrative fee did not allow providers ample time to implement a new fee methodology. The commenters asked that the proposal be delayed in order to give additional time to seek guidance and develop alternative fee methodologies.


RESPONSE #1: The department appreciates the commenters' concern regarding administrative fee methodology. The department will engage the providers in discussion and research alternative fee structures but will not delay the adoption of MAR Notice No. 37-674. Delaying implementation of MAR Notice No. 37-674 would result in a negative impact for providers as it would delay the 4% increase in rates effective July 1, 2014.


            4. These rule amendments are effective July 1, 2014.



/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 June 16, 2014.


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