BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.87.102, 37.87.901, 37.87.903, 37.87.1303, 37.87.1313; and the repeal of ARM 37.87.723 pertaining to the revision of authorization requirements for Medicaid Mental Health Services for Youth

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AMENDED NOTICE OF PROPOSED AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

1. On July 30, 2015, the Department of Public Health and Human Services published MAR Notice No. 37-719 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 1023 of the 2015 Montana Administrative Register, Issue Number 14.

 

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 the Department of Public Health and Human Services no later than 5:00 p.m. on September 2, 2015, 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 Department of Public Health and Human Services (department) is proposing to amend MAR Notice Number 37-719 because the statement pertaining to the appropriateness of performance-based measurement under 53-6-196, MCA, was not added to the proposal notice. Also, the department is correcting two erroneous implementing citations under ARM 37.87.102: 53-21-201 and 53-21-202, MCA, have both been repealed.

 

4. The department is adding the following statement to the end of MAR Notice Number 37-719 specifying that this rulemaking is not appropriate for performance-based measurement. The department is extending the comment period until 5:00 p.m. on September 4, 2015.

 

"13. 53-6-196, MCA, requires that the department, when adopting by rule proposed changes in the delivery of services funded with Medicaid monies, make a determination of whether the principal reasons and rationale for the rule can be assessed by performance-based measures and, if the requirement is applicable, the method of such measurement. The statute provides that the requirement is not applicable if the rule is for the implementation of rate increases or of federal law.

 

The department has determined that the proposed program changes presented in this notice are not appropriate for performance-based measurement and therefore are not subject to the performance-based measures requirement of 53-6-196, MCA."

 

5. The department proposes to amend the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

          37.87.102 Mental Health SERVICES (MHS) for YOUTH with serious emotional disturbance (SED), Definitions As used in this chapter, the following terms apply: 

          (1) through (8) remain 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

 

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 4, 2015. Comments may also be faxed to (406) 444-9744 or e-mailed to dphhslegal@mt.gov.

 

 

/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.