BEFORE THE Department of Public
health and human services of the
STATE OF MONTANA
In the matter of the adoption of New Rules I, II, and III and the amendment of ARM 37.86.4412 pertaining to the promising pregnancy care program
NOTICE OF ADOPTION AND AMENDMENT
TO: All Concerned Persons
1. On May 12, 2017, the Department of Public Health and Human Services published MAR Notice No. 37-793 pertaining to the public hearing on the proposed adoption and amendment of the above-stated rules at page 595 of the 2017 Montana Administrative Register, Issue Number 9. On October 13, 2017, the Department of Public Health and Human Services published MAR Notice No. 37-793 pertaining to the public hearing on the amended notice of proposed adoption and amendment of the above-stated rules at page 1769 of the 2017 Montana Administrative Register, Issue Number 19.
2. The department has adopted New Rules I (37.86.4501), II (37.86.4502), and III (37.86.4503) as proposed.
3. The department has amended ARM 37.86.4412 as proposed.
4. 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: One commenter expressed concern regarding the requirement that providers enrolled in the Promising Pregnancy Care Program must provide data to the department on all Medicaid enrolled pregnant women within their practice. The commenter is concerned with the administrative burden this could place on a practice and noted that the Centers for Medicare and Medicaid Services' (CMS) initiative, "Patients over Paperwork," gives recognition to the growing concerns that regulations are reducing the amount of time providers are spending with patients.
RESPONSE #1: The department thanks the commenter for their concern. The Promising Pregnancy Care Program is a voluntary program for providers to enroll in, and the required data elements are being used to measure the success of the program. The data elements were created in conjunction with providers who are already providing group prenatal care and were approved by CMS in our Medicaid State Plan.
5. The department intends to apply these rule adoptions and amendments retroactively to July 1, 2017. A retroactive application of the proposed rule adoptions and amendments does not result in a negative impact to any affected party.
/s/ Caroline Warne /s/ Marie Matthews for
Caroline Warne, Attorney Sheila Hogan, Director
Rule Reviewer Public Health and Human Services
Certified to the Secretary of State November 27, 2017.