BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.79.102 pertaining to Healthy Montana Kids definition of federal poverty level

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On June 15, 2011, at 9:00 a.m., the Department of Public Health and Human Services will hold a public hearing in Room 207 of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed amendment of the above-stated rule.

 

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 June 6, 2011, 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, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail [email protected].

 

3.  The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

            37.79.102  DEFINITIONS  Definitions As used in this subchapter, unless expressly provided otherwise, the following definitions apply:

            (1) through (13) remain the same.

            (14)  "Federal poverty level (FPL)" means the poverty guidelines for 2009 2011 for the 48 contiguous states and the District of Columbia as published under the "Annual Update on the HHS Poverty Guidelines" in the Federal Register each year on or about February 15 76 Federal Register 13, pp 3637 – 3638, January 20, 2011.

            (15) through (38) remain the same.

 

AUTH:  53-4-1004, 53-4-1009, 53-4-1105, MCA

IMP:     53-4-1003, 53-4-1004, 53-4-1009, 53-4-1103, 53-4-1104, 53-4-1105, 53-4-1108, MCA

 

            4.  STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (the department) administers the Healthy Montana Kids (HMK) Plan, which is funded by the state and federal government to provide covered health care services to children through age 18.  The HMK plan includes the HMK Plus coverage group for children who live in a household with a combined family income up to 133% of the federal poverty level (FPL) and the HMK coverage group plan for children who live in a household with a combined family income up to 250% of FPL.

 

The department is proposing an amendment to ARM 37.79.102 to adopt the 2011 FPL.

 

ARM 37.79.102

 

The Federal Department of Health and Human Services annually sets a federal measure of poverty – the FPL.  This rule change is necessary for the department to adopt the FPL for 2011.  There is a slight increase in the poverty threshold in the 2011 FPLs.

 

Fiscal Impact.

 

There is no fiscal impact. 

 

            5.  The department intends the proposed rule amendments to be applied retroactively to April 1, 2011.  There is no negative impact to the enrollee or applicant affected by applying the rule amendment retroactively.

 

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:  Kenneth Mordan, 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. on June 23, 2011.

 

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.  Such written request may be mailed or delivered to the contact person in 6 above or may be made by completing a request form at any rules hearing held by the department.

 

9.  An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

10.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

 

 

/s/ Geralyn Driscoll                                        /s/ Anna Whiting Sorrell                   

Rule Reviewer                                               Anna Whiting Sorrell, Director

                                                                        Public Health and Human Services

           

 

Certified to the Secretary of State May 16, 2011.