BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.36.604 pertaining to updating the federal poverty index for the Montana telecommunications access program

) ) ) ) )

NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO:  All Concerned Persons

 

1.  On January 5, 2013, 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 December 27, 2012, 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:

 

            37.36.604  FINANCIAL ELIGIBILITY CRITERIA  (1)  Individuals whose annual family income during the 12 months immediately preceding the month of application is less than 250% of the 2009 2012 poverty guidelines published by the U.S. Department of Health and Human Services (HHS) are eligible for a loan of specialized telecommunications equipment based on income.  250% of the HHS 2009 2012 annual poverty guidelines for families of various sizes are shown in (2).

            (2)  250% of the annual poverty guidelines is as follows: 

 

FAMILY SIZE	250% OF ANNUAL POVERTY GUIDELINE
One	$27,075 $27,925
Two	36,425 37,825
Three	45,775 47,725
Four	55,125 57,625
Five	64,475 67,525
Six	73,825 77,425
Seven	83,175 87,325
Eight	92,525 97,225
Each Additional Person, Add	9,350 9,900

 

            (3)  There is no asset test to be eligible for a loan of specialized telecommunications equipment.

 

AUTH:    53-19-305, 53-19-307, MCA

IMP:       53-19-305, 53-19-307, MCA

 

            4.  STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (the department) is proposing amendments to ARM 37.36.604 to reflect the 2012 current Federal Poverty Index (FPI).  Each time the FPI changes, it impacts the Montana Telecommunications Access Program (MTAP) income guidelines.  It is a change we do in response to the FPI change to maintain compliance with the FPI.  The proposed amendments to ARM 37.36.604 aligns MTAP income guidelines with the federal level.

 

5.  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 January 3, 2013.  Comments may also be faxed to (406) 444-9744 or e-mailed to dphhslegal@mt.gov.

 

6.  The department intends to apply these rules retroactively to July 1, 2012.  A retroactive application of the proposed rules does not result in a negative impact to any affected party.

 

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., January 3, 2013.

 

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 five persons based on the number of applications denied in Fiscal Year (FY) 2012.

 

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 5 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.

 

 

 

 

/s/ Shannon L. McDonald                          /s/ Anna Whiting Sorrell                            

Rule Reviewer                                             Anna Whiting Sorrell, Director

                                                                      Public Health and Human Services

 

Certified to the Secretary of State November 13, 2012.