BEFORE THE Department of PUBLIC
HEALTH AND HUMAN SERVICES
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 37.40.307 pertaining to nursing facilities reimbursement
NOTICE OF AMENDMENT
TO: All Concerned Persons
1. On September 21, 2018, the Department of Public Health and Human Services published MAR Notice No. 37-866 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 1880 of the 2018 Montana Administrative Register, Issue Number 18.
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: A commenter asked why the department does not publish proposed rate schedules when it publishes proposed rule changes impacting rates.
RESPONSE #1: The department adopts rates through rulemaking, and nursing facility rates are readily available to the public and to the industry. The proposed nursing facility rates were posted to the department's website on September 18, 2018.
COMMENT #2: A commenter asked the department to consider the social security increase of 2.8% which will be effective January 1, 2019, in calculating the funding available from patient contribution. The commenter states that taking this into account should increase the available funding and the average rate.
RESPONSE #2: The rule change proposed in this notice will take effect retroactive to July 1, 2018, and therefore a future change in social security is outside the scope of the rule.
COMMENT #3: The department received a comment in support of the proposal to increase rates to an average of $202.46 per day.
RESPONSE #3: The department thanks the commenter and concurs with the comment.
COMMENT #4: A commenter felt they did not receive sufficient information from the department regarding the proposed rate calculations.
RESPONSE #4: The department provided sufficient information in the rule notice to enable public comment on the proposed rule change. A public information request is separate from this proposed rulemaking process, which follows the requirements of the Montana Administrative Procedure Act.
COMMENT #5: A commenter suggested the department post certain information as part of future rulemaking.
RESPONSE #5: The information provided in this rule notice is sufficient to enable comment on the proposed rule. The department will consider for future rule changes the commenter's suggestion.
4. The department intends to apply this rule amendment retroactively to July 1, 2018. A retroactive application of the rule amendment does not result in a negative impact to any affected party.
/s/ Robert Lishman /s/ Laura Smith, Deputy Director for
Robert Lishman Sheila Hogan, Director
Rule Reviewer Public Health and Human Services
Certified to the Secretary of State October 23, 2018.