BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.86.702, 37.86.801, and 37.86.802 pertaining to audiology and hearing aids

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO:  All Concerned Persons

 

1.  On September 24, 2011, the Department of Public Health and Human Services proposes to amend the above-stated rules.

 

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 31, 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 MT 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail [email protected].

 

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

 

            37.86.702  AUDIOLOGY SERVICES, SERVICE REQUIREMENTS, AND RESTRICTIONS  (1) remains the same.

            (2)  Audiology services are hearing aid evaluations and basic audio assessments provided within the scope of practice permitted by state law to recipients with hearing disorders.  Audiology services must be provided by a licensed practitioner within the scope of the practice permitted by state law.  The provider's records maintained under ARM 37.85.414 must demonstrate the medical necessity for the service, and compliance with applicable supervision and protocol requirements.

            (a)  Medicaid coverage and reimbursement for dispensing of hearing aids is available to licensed hearing aid dispensers and audiologists, subject to the requirements of ARM 37.86.801 through 37.86.805 and the requirements generally applicable to Medicaid providers.

            (3) through (5) remain the same.

            (6)  Basic audio assessments must include for each ear under earphones:

            (a) and (b) remain the same.

            (c)  Speech discrimination (word recognition) test under PB phonetically-balanced (PB) max conditions, and either pure tone bone conduction thresholds at the frequencies specified in (6)(a), or tympanometry, including tympanogram, acoustic reflexes, and static compliance.

            (7) remains the same.

 

AUTH:  53-2-201, 53-6-113, MCA

IMP:   53-2-201, 53-6-101, 53-6-111, 53-6-113, MCA

 

            37.86.801  HEARING AID SERVICES, DEFINITIONS  (1) and (2) remain the same.

(3)  "Dispenser" also means a person holding a current audiology license issued by the Montana Board of Speech-Language Pathologists and Audiologists under Title 37, chapter 15, MCA to engage in selling, dispensing, or fitting hearing aids.

 

AUTH:  53-2-201, 53-6-113, MCA

IMP:    53-6-101, 53-6-141, MCA

 

            37.86.802  HEARING AID SERVICES, REQUIREMENTS, AND LIMITATIONS  (1) remains the same.

            (2)  Medicaid payment for purchase of hearing aids will be made only to a licensed hearing aid dispenser or audiologist for Medicaid-covered services provided in accordance with all applicable Medicaid requirements and within the scope of practice permitted under the dispenser's license.

            (3) through (7) remain the same.

 

AUTH:  53-2-201, 53-6-113, MCA

IMP:  53-2-201, 53-6-101, 53-6-111, 53-6-141, MCA

 

            4.  Statement of Reasonable Necessity

 

The Department of Public Health and Human Services (the department) is proposing to amend ARM 37.86.702, 37.86.801, and 37.86.802 to reflect legislation which eliminated the need for audiologists to obtain a separate hearing aid dispensing license.  Audiologists will be able to dispense hearing aids with their audiology license.

 

ARM 37.86.702

 

The department is proposing language to allow reimbursement to audiologists for hearing aids. The acronym "PB" was written out for purposes of clarity.

 

ARM 37.86.801

 

The department is proposing to add a definition for "dispenser" to include audiology licenses issued by the Montana Board of Speech-Language Pathologists and Audiologists.

 

ARM 37.86.802

 

The department is proposing to add language to allow reimbursement to audiologists for hearing aids.

 

Fiscal Impact

 

There is no fiscal impact with this rule amendment.

 

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 September 22, 2011.  Comments may also be faxed to (406) 444-9744 or e-mailed to [email protected].

 

6.  If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Kenneth Mordan at the above address no later than 5:00 p.m., September 22, 2011.

 

7.  If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date.  Notice of the hearing will be published in the Montana Administrative Register.

 

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 this 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, apply and have been fulfilled.  The primary bill sponsor was notified by telephone, e-mail, and mail on August 15, 2011.

 

 

 

/s/ John Koch                                               /s/ Laurie G. Lamson for                            

Rule Reviewer                                             Anna Whiting Sorrell, Director

                                                                        Public Health and Human Services

 

Certified to the Secretary of State August 15, 2011.