BEFORE THE DEPARTMENT OF PUBLIC
HEALTH AND HUMAN SERVICES
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 37.87.807 and the repeal of ARM 37.87.701 pertaining to the revision of fee schedules for Medicaid provider rates
NOTICE OF PROPOSED AMENDMENT AND REPEAL
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. On September 20, 2014, the Department of Public Health and Human Services proposes to amend and repeal 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 September 11, 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 email@example.com.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
37.87.807 CASE MANAGEMENT SERVICES, COVERED SERVICES
(1) and (2) remain the same.
(3) Montana Medicaid does not reimburse any of the following activities for case management:
(a) the direct delivery of a medical, educational, social, or other service to which an eligible individual has been referred;
(b) transportation services;
(c) Medicaid eligibility determination and redetermination activities; and
(d) services provided by the case manager while the youth is in a psychiatric residential treatment facility in accordance with ARM 37.87.1222.
AUTH: 53-2-201, 53-6-113, MCA
IMP: 53-1-601, 53-1-602, 53-1-603, 53-2-201, MCA
4. The department proposes to repeal the following rule:
37.87.701 COMMUNITY-BASED PSYCHIATRIC REHABILITATION SUPPORT SERVICES is found on page 37-21335 of the Administrative Rules of Montana.
AUTH: 53-2-201, 53-6-113, MCA
IMP: 53-2-201, 53-6-101, MCA
5. STATEMENT OF REASONABLE NECESSITY
The Department of Public Health and Human Services (the department) is proposing to amend ARM 37.87.807 and repeal ARM 37.87.701 for the purpose of clarifying existing policies pertaining to services for children's mental health.
The department is proposing to repeal this rule because the information that is contained in it will be located in the proposed "Children's Mental Health Bureau Medicaid Services Provider Manual" referenced in MAR Notice No. 37-679.
The department is proposing changes to the Targeted Case Management (TCM) rules by removing references to non-covered TCM services which is defined in the proposed "Children's Mental Health Bureau Medicaid Services Provider Manual." This manual is anticipated to be effective on September 5, 2014.
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 September 18, 2014. Comments may also be faxed to (406) 444-9744 or e-mailed to firstname.lastname@example.org.
7. If persons who are directly affected by the proposed actions 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., September 18, 2014.
8. If the agency receives requests for a public hearing on the proposed action from either 10% 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 zero persons based upon the language in this rule was relocated into the proposed Children's Mental Health Bureau Medicaid Services Provider Manual noticed in MAR Issue No. 13, p. 1491 (Notice No. 37-679).
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 and repeal of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Cary B. Lund /s/ Robert Runkel for Richard H. Opper
Cary B. Lund Richard H. Opper, Director
Rule Reviewer Public Health and Human Services
Certified to the Secretary of State August 11, 2014.