Montana Administrative Register Notice 37-708 No. 11   06/11/2015    
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BEFORE THE Department of Public

health and human services of the



In the matter of the amendment of ARM 37.79.304 pertaining to updating the HMK evidence of coverage document






TO: All Concerned Persons


1. On April 30, 2015, the Department of Public Health and Human Services published MAR Notice No. 37-708 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 429 of the 2015 Montana Administrative Register, Issue Number 8.


2. The department has amended the above-stated rule 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: The commenter "acknowledges the importance of telemedicine in the delivery of care and appreciates its addition as a benefit" and "requests the department gives consideration to ensuring the term of telemedicine is well defined." The commenter offers "its assistance in this endeavor."


RESPONSE #1: The Healthy Montana Kids Evidence of Coverage (EOC) document, July 1, 2015 version, which is proposed to be adopted by reference in MAR Notice No. 37-708, defines telemedicine on page 10 as:  "The use of a secure interactive audio and video, or other telecommunications technology by a

health care provider to deliver health care services at a site other than the site where the patient is located.  Does not include audio only (phone call), e-mail, and/or facsimile transmission." The commenter did not propose either a definition or a change to this definition, and at this time, the department believes the definition in the EOC appropriately describes the added service.


          4. This rule amendment is effective July 1, 2015.



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

Susan Callaghan, Esq.                          Richard H. Opper, Director

Rule Reviewer                                       Public Health and Human Services



Certified to the Secretary of State June 1, 2015


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