Montana Administrative Register Notice 37-800 No. 3   02/09/2018    
Prev Next





In the matter of the amendment of ARM 37.57.106 pertaining to expanding the children's special health services










TO: All Concerned Persons


1. The Department of Public Health and Human Services proposes to amend the above-stated rule.


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 the Department of Public Health and Human Services no later than 5:00 p.m. on February 21, 2018, 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. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:



 (1) remains the same.

            (2) Family income must be verified to determine eligibility. The department will request documentation of income from the applicant.

            (a) through (c) remain the same.

            (d) A family whose income, less any out-of-pocket expenses for health insurance premiums, care expenses for children, disabled or elderly adults while adults are working, and earned income disregards is at or less than 261% 300% of the federal poverty income guidelines and one of the following:

            (i) through (6) remain the same.


AUTH: 50-1-202, MCA

IMP: 50-1-202, MCA




The department proposes to amend ARM 37.57.106 to expand the Children's Special Health Services Financial Assistance Program (program) so the department can serve families who do not currently qualify for the Healthy Montana Kids Program (HMK).  $100,000 in federal grant funds are made available to the program July 1, annually, until they are disbursed. Families can receive up to $2,000 per state fiscal year (SFY). The program can benefit a minimum of fifty families per SFY.


The proposed amendment seeks to raise the program's current federal poverty income level (FPL) from 261% to 300% to qualify certain Montana families for financial assistance. 


The department believes the amendment necessary because the program's FPL threshold of 261% is the same as that for HMK, and the program is not serving some families because they otherwise qualify for HMK. As a result, the program has only paid out $2,000 to one family in SFY 2017. More Montana families with private insurance, who have out of pocket expenses and do not qualify for HMK, could benefit from the program if the FPL threshold were raised to 300%.


Fiscal Impact


This proposed rule amendment will not change the fiscal impact of the program.


            5. The department intends to apply this rule amendment retroactively to July 1, 2017. A retroactive application of the proposed rule amendment does not result in a negative impact to any affected party.


6. 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 March 9, 2018. Comments may also be faxed to (406) 444-9744 or e-mailed to dphhslegal@mt.gov.


7. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Kenneth Mordan at the above address no later than 5:00 p.m., March 9, 2018.


8. If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be three persons based on the maximum benefit going to 25 individuals.


9. 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 6 above or may be made by completing a request form at any rules hearing held by the department.


10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.




/s/ Nicholas Domitrovich                             /s/ Sheila Hogan                                         

Nicholas Domitrovich, Attorney                  Sheila Hogan, Director

Rule Reviewer                                            Public Health and Human Services


Certified to the Secretary of State January 30, 2018.


Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security