Montana Administrative Register Notice 37-785 No. 10   05/26/2017    
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BEFORE THE Department of Public

health and human services of the



In the matter of the amendment of ARM 37.86.3503 pertaining to clarifying the definition of severe disabling mental illness







          TO: All Concerned Persons


1. On March 10, 2017, the Department of Public Health and Human Services published MAR Notice No. 37-785 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 280 of the 2017 Montana Administrative Register, Issue Number 5.


2. The department has amended the above-stated rule 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: Commenters offered support of the proposed rule changes. Commenters agreed that the change to (1)(a), (b), or (c) clarifies the definition of SDMI. 


RESPONSE#1: The department agrees with the comments. The changes are representative of the working definition of SDMI.


COMMENT #2: Two commenters suggested that the department look at the diagnostic codes. Commenters felt that if a member did not meet (1)(a) or (b) and did not meet any of the diagnostic codes of (c), providing services to the member is limited.


RESPONSE #2: The department is currently reviewing the current diagnostic codes to better serve members. The department will be looking for provider input for these updates.


COMMENT #3: One commenter suggested the rule is open for interpretation and confusing.


RESPONSE #3: The department is currently working internally on future changes for the rule and will seek provider comment through the rule process.





/s/ Jorge Quintana                                       /s/ Sheila Hogan                                         

Jorge Quintana                                            Sheila Hogan, Director

Rule Reviewer                                             Public Health and Human Services


Certified to the Secretary of State May 15, 2017.


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