BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.87.2202, 37.87.2205, and 37.87.2225 pertaining to non-Medicaid respite care services

) ) ) )

AMENDED NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

1.  On July 12, 2012 the Department of Public Health and Human Services published MAR Notice No. 37-592 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1338 of the 2012 Montana Administrative Register, Issue Number 13.

 

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 August 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 department is proposing to make additional amendments to two rules.

 

ARM 37.87.2205

 

The department is filing an amended notice to add moderate level therapeutic foster care as an eligibility requirement.  Due to an oversight, the department inadvertently left out moderate level therapeutic foster care as an eligibility requirement in the original proposal notice.

 

ARM 37.87.2225

 

At the time the rules were being considered, there was one child placing agency providing therapeutic family care that was not a licensed mental health center, therefore the department added this provider type in the original draft.  That child placing agency has recently become a licensed mental health center and in order to limit providers who can bill non-Medicaid respite concurrently with therapeutic family care, the department is removing this as a provider type.

 

4.  ARM 37.87.2205 and 37.87.2225 are being amended as follows, new matter underlined, deleted matter interlined:

 

         37.87.2205  MENTAL HEALTH SERVICES FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE (SED) NON-MEDICAID RESPITE CARE SERVICES, LIMITATIONS  (1) through (4) remain as proposed.

         (5)  Non-Medicaid respite care services shall only be provided to youth who receive Therapeutic Family Care (TFC) and moderate level therapeutic foster care (TFOC moderate) services or upon authorization by the department or its designee.

         (6) and (7) remain as proposed.

 

AUTH:  53-2-201, 53-6-101, 53-6-113, MCA

IMP:     53-2-201, 53-6-101, 53-6-111, MCA

 

            37.87.2225  MENTAL HEALTH SERVICES FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE (SED) NON-MEDICAID RESPITE CARE SERVICES, PROVIDER PARTICIPATION  (1)  Licensed and enrolled mental health centers and child placing agencies may provide non-Medicaid respite care services upon approval by the department, provided they meet the requirements of this subchapter.

            (2) through (6) remain as proposed.

 

AUTH:  53-2-201, 53-6-101, 53-6-113, MCA

IMP:     53-2-201, 53-6-101, 53-6-111, MCA

 

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 August 30, 2012.  Comments may also be faxed to (406) 444-9744 or e-mailed to dphhslegal@mt.gov.

 

/s/ John Koch                                               /s/ Jane Smilie for                                       

Rule Reviewer                                             Anna Whiting Sorrell, Director

                                                                      Public Health and Human Services

 

Certified to the Secretary of State August 13, 2012.