BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the adoption of NEW RULE I pertaining to rural emergency hospitals

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

 

TO: All Concerned Persons

 

1.  On March 19, 2024, at 11:00 a.m., the Department of Public Health and Human Services will hold a public hearing via remote conferencing to consider the proposed adoption of the above-stated rule. Interested parties may access the remote conferencing platform in the following ways:

(a) Join Zoom Meeting at: https://mt-gov.zoom.us/j/88477817370?pwd=YW5ZYjFvclMrMHFQVzI2dHBRZUFxQT09, meeting ID: 884 7781 7370, and password: 267843; or

(b) Dial by telephone: +1 646 558 8656, meeting ID: 884 7781 7370, and password: 267843. Find your local number: https://mt-gov.zoom.us/u/kmHQBqaII.

 

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 March 5, 2024, to advise us of the nature of the accommodation that you need. Please contact Bailey Yuhas, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail [email protected].

 

3. The rule as proposed to be adopted provides as follows:

 

NEW RULE I  MINIMUM STANDARDS FOR RURAL EMERGENCY HOSPITALS (1) A rural emergency hospital shall comply with the conditions of participation for rural emergency hospitals as set forth in 42 CFR Part 485 Subpart E in effect as of January 1, 2024.  A copy of the cited requirements may be obtained from the Department of Public Health and Human Services, Office of Inspector General, 2401 Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953.

 

AUTH: 50-5-234, MCA

IMP: 50-5-234, MCA

 

4. STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (department) is proposing to adopt NEW RULE I.

 

The 2023 legislature enacted House Bill 312, an act providing for the designation of rural emergency hospitals (REH).  The bill was signed by the Governor on May 18, 2023. The department proposes to adopt NEW RULE I. Adoption of this new rule is necessary to provide reference to the Code of Federal Regulation (CFR) for compliance for licensure as an REH in the state of Montana.

 

NEW RULE I

 

The department proposes to adopt this new rule to provide reference to the CFR requirements for rural emergency hospitals in effect as of January 1, 2024. Compliance with CFR requirements will determine compliance for state licensure.

 

Fiscal Impact

 

This proposed rule adoption has no anticipated fiscal impact.

 

5.  The department intends for this rule adoption to be retroactively effective to October 1, 2023.

 

6. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Bailey Yuhas, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail [email protected], and must be received no later than 5:00 p.m., March 22, 2024.

 

7. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.

 

8. 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. Written requests may be mailed or delivered to the contact person in paragraph 6.

 

9. An electronic copy of this notice is available on the department's web site at https://dphhs.mt.gov/LegalResources/administrativerules, or through the Secretary of State's web site at http://sosmt.gov/ARM/register.

 

10. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was notified by email on September 5, 2023.

 

11. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption of the above-referenced rule will not significantly and directly impact small businesses.

 

 

/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 February 13, 2024.