BEFORE THE Department of PUBLIC
HEALTH AND HUMAN SERVICES
OF THE STATE OF MONTANA
In the matter of the adoption of New Rule I pertaining to Medicaid Auditor Evaluation Hearings
NOTICE OF ADOPTION
TO: All Concerned Persons
1. On April 13, 2018, the Department of Public Health and Human Services published MAR Notice No. 37-826 pertaining to the public hearing on the proposed adoption of the above-stated rule at page 687 of the 2018 Montana Administrative Register, Issue Number 7.
2. The department has adopted New Rule I (37.85.221) as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:
NEW RULE I (37.85.221) MEDICAID OVERPAYMENT
AUDITS AUDITOR EVALUATION HEARINGS; RECOVERY AUDIT CONTRACTOR (RAC) PROGRAM (1) remains as proposed.
AUTH: 53-6-1409, MCA
IMP: 53-6-111, 53-6-1409, MCA
3. The department 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 expressed support for the proposed rule and the increased transparency of the audit process.
RESPONSE #1: The department thanks the commenter for the comment. Based on input, the department has amended the catchphrase of the rule. The amended catchphrase better states the subject matter of the rule and aligns the rule with
53-6-1409, MCA, regarding the department's contracted Medicaid audit program.
/s/ Flint Murfitt /s/ Sheila Hogan
Flint Murfitt Sheila Hogan, Director
Rule Reviewer Public Health and Human Services
Certified to the Secretary of State June 12, 2018.