BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.34.1902 pertaining to Applied Behavior Analysis Services

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On May 26, 2023, the Department of Public Health and Human Services published MAR Notice No. 37-1028 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 468 of the 2023 Montana Administrative Register, Issue Number 10.

 

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

 

3. 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: Several commenters voiced support for this proposed rule change.

 

RESPONSE #1: The department appreciates the commenters' feedback and support.

 

COMMENT #2: One commenter requested that these changes be adopted retroactively to September 24, 2022.

 

RESPONSE #2: The department agrees that a retroactive date would be beneficial to persons who received a diagnosis completed by one of the listed qualified healthcare providers prior to the rule's adoption to improve access to medically necessary ABA services.  However, since September 24 is toward the end of the month, the department will adopt these changes retroactively to September 1, 2022.  Any diagnosis completed by a qualified healthcare professional on or after September 1, 2022, may be accepted as a qualifying diagnosis.

 

COMMENT #3: One commenter requested that the department explore revising the definitions for the Behavior Intervention Assessment (BIA), the treatment plan, and the Functional Behavior Assessment (FBA) to better reflect the process of ABA service provision and best practices.

 

RESPONSE #3: The department thanks the commenter for this feedback and will take it under advisement and consideration for future programmatic or rulemaking changes.

 

COMMENT #4: One commenter requested that the department add clarification on the process for initiating services and requesting additional units of service in the manual.

 

RESPONSE #4: The department has provided trainings on the initiation and continuation of services, which can be accessed at https://medicaidprovider.mt.gov/76 under the ABA Trainings tab.

 

4. These rule amendments are retroactively effective September 1, 2022.

 

 

/s/ Rachel Raymond                              /s/ David Gerard                         

Rachel Raymond                                   David Gerard, Deputy Director

Rule Reviewer                                       Department of Public Health and Human Services

 

 

Certified to the Secretary of State August 15, 2023.