BEFORE THE Department of PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.97.132, 37.106.301, 37.106.302, 37.106.316, 37.106.401, 37.106.601, 37.106.704, 37.106.804, 37.106.1505, and 37.106.2311 and the repeal of ARM 37.106.605, 37.106.645, 37.106.1101, 37.106.1103, 37.106.1104, 37.106.1105, 37.106.1110, 37.106.1111, 37.106.1112, 37.106.1120, 37.106.1121, 37.106.1122, 37.106.1123, 37.106.1124, 37.106.1130, 37.106.1131, and 37.106.1132 pertaining to Health Care Facility Revisions

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NOTICE OF AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

1. On August 5, 2022, the Department of Public Health and Human Services published MAR Notice No. 37-990 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 1485 of the 2022 Montana Administrative Register, Issue Number 15.

 

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

 

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 The department has repealed the above-stated rules as proposed.

 

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: A commenter indicates that they feel that, for skilled nursing facilities, state hospitals, veteran nursing home, and other congregate settings, the "State Department" needs to ensure that these facilities are following the 2016 HCBS community settings rules if they are receiving Home and Community Based funding.

 

RESPONSE #1: The department disagrees with this comment.  The health care facilities regulations establish minimum standards for all health care facilities for licensure purposes. They do not set forth specific requirements for facilities based on the types of reimbursement received or their participation in certain programs. Additionally, facilities providing home and community based services are already monitored for compliance and applicability by Montana Medicaid and the department's Senior and Long Term Care Division.

 

 

/s/ FLINT MURFITT                                     /s/ CHARLES T. BRERETON                   

Flint Murfitt                                                   Charles T. Brereton, Director

Rule Reviewer                                              Department of Public Health and Human Services

 

 

            Certified to the Secretary of State September 13, 2022.