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Montana Administrative Register Notice 37-628 No. 5   03/14/2013    
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BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.30.101, 37.30.102, 37.30.405, 37.30.730, 37.30.1001, 37.30.1002, 37.30.1401, and 37.31.201 pertaining to updates to the disability transitions program

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On April 3, 2013, at 11:00 p.m., the Department of Public Health and Human Services will hold a public hearing in Room 207 of the Department of Public Health and Human Services Building, 111 North Sanders, at Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

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 Department of Public Health and Human Services no later than 5:00 p.m. on March 27, 2013, 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, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail dphhslegal@mt.gov.

 

3.  The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            37.30.101  DEFINITIONS  (1) through (11) remain the same.

            (12)  "Montana Vocational Rehabilitation program (MVR)" means the program of federal and state authorized vocational rehabilitation services for persons with disabilities provided through the department's Disability Services Division Disability, Employment, and Transitions Division, inclusive of the Blind and Low Vision Services program and those federal programs authorized at 29 USC 701, et seq.

            (13) through (23) remain the same.

 

AUTH:  53-7-102, 53-7-203, 53-7-206, 53-7-302, 53-7-315, 53-19-112, MCA

IMP:     53-7-101, 53-7-103, 53-7-105, 53-7-106, 53-7-107, 53-7-108, 53-7-109, 53-7-201, 53-7-202, 53-7-203, 53-7-204, 53-7-205, 53-7-206, 53-7-301, 53-7-302, 53-7-303, 53-7-306, 53-7-310, 53-7-314, 53-7-315, 53-19-101, 53-19-102, 53-19-103, 53-19-104, 53-19-105, 53-19-106, 53-19-110, 53-19-112, MCA

 

            37.30.102  VOCATIONAL REHABILITATION POLICY:  INCORPORATION BY REFERENCE OF FEDERAL AND STATE AUTHORITY  (1)  The department, except as otherwise provided in this chapter, adopts and incorporates by reference, for purposes of administering the program of vocational rehabilitation services, the federal regulations specified in (2) as presented in the July 1, 2006 July 1, 2010 edition of the Code of Federal Regulations (CFR).  These federal regulations, adopted by the United States Department of Education, govern the administration and delivery by the states of various aspects of vocational rehabilitation services.

            (2) remains the same.

            (3)  The department, except as otherwise provided in this chapter, adopts and incorporates by reference, for purposes of administering the program of vocational rehabilitation services, the policies specified in (4), as presented in the Montana Vocational Rehabilitation Policy Manual.  Copies of the policies may be obtained through the Department of Public Health and Human Services, Disability Services Division, 111 N. Sanders, Disability, Employment, and Transitions Division, 111 N. Last Chance Gulch, Suite 4C, P.O. Box 4210, Helena, MT 59604-4210.

            (4)  The following Montana vocational rehabilitation policies govern the administration and delivery of vocational rehabilitation services as specified:

            (a) remains the same.

            (b)  For purposes of staff and consumer safety:  Montana Vocational Rehabilitation Policy C1 - "Personal Safety" dated December 27, 2002 May 9, 2011..

            (c) through (h) remain the same.

 

AUTH:  53-7-102, 53-7-206, 53-7-302, 53-7-315, MCA

IMP:     53-7-102, 53-7-103, 53-7-105, 53-7-106, 53-7-108, 53-7-203, 53-7-205, 53-7-302, 53-7-303, 53-7-306, 53-7-310, 53-7-314, MCA

 

            37.30.405  VOCATIONAL REHABILITATION PROGRAM:  PAYMENT FOR SERVICES  (1) through (3) remain the same.

            (4)  The department may pay for the costs for the provision of any services that are authorized to be provided to the consumer through the consumer's IPE to the extent that the consumer's income and financial resources, determined as provided in this rule and ARM 37.30.407, do not exceed the maximum amounts allowable for income and for financial resources calculated by the department as provided for in (4)(a) and (b).

            (a)  The maximum allowable level for income is a prospective 12 month annual income calculated at 250% of the 2009 2013 U.S. Department of Health and Human Services poverty guidelines for households of different sizes.

            (b) through (6) remain the same

 

AUTH:  53-7-102, 53-7-206, 53-7-315, MCA

IMP:     53-7-102, 53-7-105, 53-7-108, 53-7-205, 53-7-310, MCA

 

            37.30.730  VOCATIONAL  REHABILITATION PROGRAM:  PROVIDER FEES  (1) remains the same.

            (2)  The department adopts and incorporates by this reference the Vocational Rehabilitation Fee Schedule, dated October 1, 2007 December 12, 2011, and published by the department as Montana Vocational Rehabilitation Policy R, "Fee Schedule Appendix A", of the Montana Vocational Rehabilitation Policy Manual.  A copy of the policy may be obtained through the Department of Public Health and Human Services, Disability Services Division, 111 N. Sanders Disability, Employment, and Transitions Division, 111 N. Last Chance Gulch, P.O. Box 4210, Helena, MT  59604-4210.

 

AUTH:  53-7-102, 53-7-203, 53-7-302, 53-7-315, MCA

IMP:     53-7-102, 53-7-105, 53-7-108, 53-7-203, 53-7-302, 53-7-303, 53-7-306, 53-7-307, 53-7-310, MCA

 

            37.30.1001  STANDARDS FOR PROVIDERS OF SERVICES FUNDED THROUGH CERTAIN DISABILITY TRANSITIONS PROGRAMS: DISABILITY, EMPLOYMENT, AND TRANSITIONS DIVISION:  GENERALLY  (1) through (5) remain the same.

 

AUTH:  53-2-201, 53-7-102, 53-7-203, 53-7-206, 53-7-302, 53-7-315, MCA

IMP:     53-2-201, 53-7-102, 53-7-103, 53-7-203, 53-7-302, 53-7-303, MCA

 

            37.30.1002  STANDARDS FOR PROVIDERS OF SERVICES FUNDED THROUGH CERTAIN DISABILITY TRANSITIONS PROGRAMS: DISABILITY, EMPLOYMENT, AND TRANSITIONS DIVISION:  ENROLLMENT AS A PROVIDER OF PROGRAM SERVICES  (1) through (5) remain the same.

            (6)  Copies of the standards adopted and incorporated by reference in this rule may be obtained as follows:

            (a)  the CARF standards may be obtained by temporary loan from the department through the Department of Public Health and Human Services, Disability Transitions Programs Disability, Employment, and Transitions Division, P.O. Box 4210, Helena, MT 59604-4210 or by purchase from CARF, 4891 E. Grant Road, Tucson, AZ 85712;

            (b)  the NAC standards may be obtained by temporary loan from the department through the Department of Public Health and Human Services, Disability Transitions Programs Disability, Employment, and Transitions Division, P.O. Box 4210, Helena, MT 59604-4210 or by purchase from NAC, 15 E. 40th Street, Suite 1004, New York, NY 10016;

            (c)  the RSAS standards may be obtained by temporary loan from the department through the Department of Public Health and Human Services, Disability Transitions Programs Disability, Employment, and Transitions Division, P.O. Box 4210, Helena, MT 59604-4210 or by purchase from RSAS, 1309 Horne Street NE, Olympia, WA 98516; and

            (d)  copies of the federal requirements for a federally authorized independent living center may be obtained through the Department of Public Health and Human Services, Disability Transitions Programs Disability, Employment, and Transitions Division, P.O. Box 4210, Helena, MT 59604-4210.

            (7) through (11) remain the same.

 

AUTH:  53-2-201, 53-7-102, 53-7-203, 53-7-206, 53-7-302, 53-7-315, MCA

IMP:     53-2-201, 53-7-102, 53-7-103, 53-7-203, 53-7-302, 53-7-303, MCA

 

            37.30.1401  FAIR HEARINGS  (1) through (8) remain the same.

            (9)  The department adopts and incorporates by this reference the conciliation procedures, dated December 27, 2002, and published by the department as Policy E, "Counselor Determinations", of the Montana Vocational Rehabilitation Manual.  A copy of the policy may be obtained through the Department of Public Health and Human Services, Disability Services Division, 111 N. Sanders Disability, Employment, and Transitions Division, 111 N. Last Chance Gulch, P.O. Box 4210, Helena, MT  59604-4210.

 

AUTH:  53-7-102, 53-7-203, 53-7-206, 53-7-302, 53-7-315, 53-19-112, MCA

IMP:     53-7-102, 53-7-103, 53-7-105, 53-7-106, 53-7-203, 53-7-205, 53-7-206, 53-7-302, 53-7-303, 53-7-310, 53-7-314, 53-19-103, 53-19-106, 53-19-112, MCA

 

            37.31.201  INDEPENDENT LIVING REHABILITATION PROGRAM: SERVICES  (1) remains the same.

            (2)  Independent living services are limited to those services specified in Montana's 3 three-year state plan for independent living rehabilitation services submitted to and approved by the federal government.  The Montana 3 three-year state plan for independent living services under Title VII of the federal Rehabilitation Act of 1973 (29 USC 796) is hereby adopted and incorporated by reference and may be obtained from the Department of Public Health and Human Services, Disability Services Division Disability, Employment, and Transitions Division, P.O. Box 4210, Helena, MT 59604-4210.

            (3) and (4) remain the same.

 

AUTH:  53-7-102, 53-7-315, 53-19-112, MCA

IMP:     53-7-102, 53-7-103, 53-19-103, 53-19-105, MCA

 

            4.  STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (the department) is proposing amendments to ARM 37.30.101, 37.30.102, 37.30.405, 37.30.730, 37.30.1001, 37.30.1002, 37.30.1401, and 37.31.201 regarding the vocational rehabilitation program.

 

The department reorganized the Disability Services Division (DSD) in 2009 at which point DSD was split into two divisions.  These amendments are necessary to reflect the name and address change due to reorganization and to update these rules to meet current practices.

 

The proposed rules are described below.

 

ARM 37.30.101, 37.30.102, 37.30.730, 37.30.1001, 37.30.1002, 37.30.1401, and 37.31.201

 

These rules are being updated in order to reflect the name and address changes due to reorganization within the department.

 

ARM 37.30.102

 

The department is proposing to amend the revision date of the Montana Vocational Rehabilitation Policy C1  "Personal Safety" as it was significantly revised in May of 2011.

 

ARM 37.30.405

 

The department is proposing to amend ARM 37.30.405, Vocational Rehabilitation Program: Payment for Services.  This rule sets forth the criteria that allow for the department to pay for services being made available to persons who are eligible for vocational rehabilitation services.  The rule provides that the payment for services by the department may occur if the consumer's income and financial resources do not exceed maximum levels for income and resources established through the rule.

This rule amendment revises the maximum level of allowable income.  Currently the rule provides that the maximum level is 250% of the 2009 United States Department of Health and Human Services poverty guidelines for households.  The rule amendment would revise this level by replacing the year 2009 guidelines with the year 2013 guidelines.

 

Fiscal Impact

 

There is no fiscal impact due to this rulemaking.

 

            5.  Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to: Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail dphhslegal@mt.gov, and must be received no later than 5:00 p.m., April 11, 2013.

 

6.  The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.

 

7.  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 5 above or may be made by completing a request form at any rules hearing held by the department.

 

8.  An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

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

 

 

 

/s/ Shannon L. McDonald                          /s/ Richard H. Opper                                   

Shannon L. McDonald                               Richard H. Opper, Director

Rule Reviewer                                             Public Health and Human Services

           

Certified to the Secretary of State March 4, 2013.

 

 

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