BEFORE THE DEPARTMENT OF PUBLIC
HEALTH AND HUMAN SERVICES OF THE
STATE OF MONTANA
In the matter of the adoption of New Rules I and II, and the repeal of ARM 37.34.206, 37.34.215, 37.34.216, and 37.34.221 pertaining to developmental disabilities eligibility rules for Medicaid only
CORRECTED NOTICE OF ADOPTION AND AMENDMENT
TO: All Concerned Persons
1. On March 10, 2011, the Department of Public Health and Human Services published MAR Notice No. 37-534 pertaining to the public hearing on the proposed adoption and repeal of the above-stated rules at page 312 of the 2011 Montana Administrative Register, Issue Number 5. On June 23, 2011 the department published the notice of adoption and amendment at page 1158 of the 2011 Montana Administrative Register, Issue Number 12. On July 14, 2011 the department published a corrected notice of adoption and amendment at page 1311 of the 2011 Montana Administrative Register, Issue Number 13.
2. This notice of correction is being filed to correct a typographical error made in the notice of adoption making a further change to a proposed subsection contained in the list of reasons a person's Developmental Disabilities Program eligibility may be terminated. Each item on the list began with or contained the text "the person" when referring to the person whose eligibility may be terminated. The word "a" was inadvertently used instead of "the" in one of the items on the list. In order to be consistent and to ensure which person is being referred to, the word "a" is being changed to "the." The rule, as amended in corrected form, reads as follows, deleted matter interlined, new matter underlined:
37.34.225 DEVELOPMENTAL DISABILITIES COMMUNITY SERVICES ELIGIBILITY: TERMINATION OF ELIGIBILITY FOR A PROGRAM (1) remains as adopted.
(2) The department may terminate a person's eligibility for a particular program of services if:
(a) the program services or funding necessary to implement the person's service plan are unavailable from the program;
(b) the professional and other services necessary to implement the person's service plan are unavailable;
(c) the person does not cooperate in the eligibility determination process;
(d) the person does not participate in the planning for service delivery;
(e) the program services are no longer appropriate or cost effective in relation to the person's needs and there are no alternative program services available by which a service plan can be implemented to provide for the person's needs;
a the person poses imminent risk to the health and safety of the person or another person by not participating in the program services available to that person;
(g) behaviors of the person preclude the delivery of program services as provided for in the person's service plan;
(h) behaviors of the person necessitate that the person must be served in a setting that is not available through the program or in which the services of the program may not be delivered; or
(i) health status of the person necessitates that the person must be served in a setting that is not available through the program or in which the services of the program may not be delivered.
3. The replacement pages for this corrected notice were submitted to the Secretary of State on March 31, 2012.
/s/ Cary B. Lund /s/ Anna Whiting Sorrell
Rule Reviewer Anna Whiting Sorrell, Director
Public Health and Human Services
Certified to the Secretary of State April 16, 2012.