Montana Administrative Register Notice 37-667 No. 6   03/27/2014    
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In the matter of the amendment of ARM 37.30.405 pertaining to Vocational Rehabilitation Program payment for services









TO: All Concerned Persons


1. On April 28, 2014, 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 Department of Public Health and Human Services no later than 5:00 p.m. on April 17, 2014, 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:


            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 2013 2014 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




The Department of Public Health and Human Services (the department) is proposing an amendment to ARM 37.30.405, regarding the vocational rehabilitation program.


ARM 37.30.405


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 proposed rule amendment revises the maximum level of allowable income. Currently the rule provides that the maximum level is 250% of the 2013 United States Department of Health and Human Services poverty guidelines for households. The proposed rule amendment would revise this level by replacing the year 2013 guidelines with the year 2014 guidelines.


Fiscal Impact


There is no fiscal impact due to this rulemaking.


5. The department intends to apply this rule amendment retroactively to January 30, 2014. 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 April 24, 2014. 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., April 24, 2014.


8. If the agency receives requests for a public hearing on the proposed action from either 10 percent 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 450 persons based on the number of vocational rehabilitation clients who have an open case and are eligible for vocational rehabilitation and blind services.


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. 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 this 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.


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


12. 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/ Susan Callaghan                                               /s/ Richard H. Opper                                   

Susan Callaghan                                                   Richard H. Opper, Director

Rule Reviewer                                                       Public Health and Human Services


Certified to the Secretary of State March 17, 2014.



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