Montana Administrative Register Notice 37-600 No. 21   11/08/2012    
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BEFORE THE Department of Public

health and human services of the



In the matter of the amendment of ARM 37.86.2401 and 37.86.2501 pertaining to specialized nonemergency medical transportation







TO: All Concerned Persons


1. On September 6, 2012, the Department of Public Health and Human Services published MAR Notice No. 37-600 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1756 of the 2012 Montana Administrative Register, Issue Number 17.


2. The department has amended the above-stated rules 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 offered support of the proposed amendment and agreed with the department's testimony provided at the public hearing and with the statement of reasonable necessity contained in MAR Notice 37-600. The commenter further supported the proposed amendment by stating it conforms to the requirements of the Indian Health Care Improvement Act and also cited the applicable section of the Act. The commenter stated "As a practical matter the adoption of the proposed amendment will eliminate the final barrier for tribal health programs to becoming a non-emergency medical provider in Montana’s Medicaid program."


RESPONSE #1: The department appreciates the comment and thanks the commenter for supporting the rule.


COMMENT #2: A commenter concurred with commenter #1 and added "The proposed amendment would remove an unnecessary barrier to specialized non-emergency medical transports under Medicaid. These transports are to and from medical centers both on and off the reservation. Over 96% of our patients receive advanced and specialty medical care outside the reservation boundaries. The local medical centers are located at least three to five hours from any metropolitan area." The commenter further stated that their Tribal Health Department collaborate and seek partnership with the State of Montana Medicaid office to maximize its funding streams and enhance the quality and access to health care for its people.


RESPONSE #2: The department appreciates the comment and thanks the commenter for supporting the rule.



/s/ Kurt R. Moser                                           /s/ Anna Whiting Sorrell                            

Rule Reviewer                                             Anna Whiting Sorrell, Director

                                                                        Public Health and Human Services



Certified to the Secretary of State October 29, 2012.



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