Montana Administrative Register Notice 37-713 No. 16   08/27/2015    
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BEFORE THE Department of Public

health and human services of the



In the matter of the amendment of ARM 37.87.2203 and the repeal of ARM 37.87.2202, 37.87.2205, 37.87.2225, and 37.87.2233 pertaining to Non-Medicaid Respite Care Services for youth with serious emotional disturbance









TO: All Concerned Persons


1. On June 25, 2015, the Department of Public Health and Human Services published MAR Notice No. 37-713 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 801 of the 2015 Montana Administrative Register, Issue Number 12.


2. The department has repealed the above-stated rules as proposed.


3. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:


          37.87.2203 NON-MEDICAID SERVICES PROGRAM (1) and (2) remain as proposed.

          (3) The department adopts and incorporates by reference the CMHB's Non-Medicaid Services Program Provider Manual, dated September 1, 2015 October 1, 2015 (the Manual), which sets forth the requirements and limitations of the CMHB's Non-Medicaid Services Program.

          (4) remains as proposed.


AUTH: 53-2-201, 53-6-113, 53-21-703, MCA

IMP:     53-1-601, 53-1-602, 53-1-603, 53-2-201, 53-21-201, 53-21-202, 53-21-701, 53-21-702, MCA


4. 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: One commenter recommended changing the effective date for this rule amendment to October 1, 2015 to be concurrent with the proposed rule amendments in MAR Notice Number 37-718 and MAR Notice Number 37-719.


RESPONSE #1: The department thanks the commenter for the comment and will amend the effective date for MAR Notice Number 37-713 and the Manual adopted and incorporated by reference in ARM 37.87.2203 to October 1, 2015.


COMMENT #2: The department received a comment from legislative services indicating that MAR Notice No. 37-719 contained two erroneous implementing citations. During the review of MAR Notice No. 37-713, the editor at Administrative Rules Services found this same error.


RESPONSE #2: The department is deleting 53-21-201 and 53-21-202, MCA, from the implementing section of MAR Notice No. 37-713. These two statutes have been repealed.


          5. This rule amendment is effective October 1, 2015.



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

Susan Callaghan, Attorney                    Richard H. Opper, Director

Rule Reviewer                                       Public Health and Human Services



Certified to the Secretary of State August 17, 2015.



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