BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.86.2207 pertaining to EPSDT services reimbursement

) ) )

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On November 16, 2011, at 10:00 a.m., the Department of Public Health and Human Services will hold a public hearing in the auditorium 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 November 9, 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:

 

            37.86.2207  EARLY AND PERIODIC SCREENING, DIAGNOSTIC AND TREATMENT (EPSDT) SERVICES, REIMBURSEMENT  (1) through (3) remain the same.

            (4)  Reimbursements for school-based health related services are specified in the School-Based Health Service Fee Schedule dated August 2011, which is adopted and incorporated by reference.  A copy of the School-Based Health Service Fee Schedule is posted at http://medicaidprovider.hhs.mt.gov.  Rates are adjusted to reimburse these services at the federal matching medical assistance percentage (FMAP) rate.

            (5) 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

 

            4.  STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (the department) is proposing the amendment of ARM 37.86.2207 pertaining to early and periodic screening diagnostic and treatment services reimbursement for school-based services.

 

ARM 37.86.2207

 

The proposed amendments are necessary to correct a clerical mistake and to simplify administration.

 

The term "matching" would be changed to "medical" to accurately reflect the correct term used in the Code of Federal Regulation (CFR) for this acronym.

 

The school-based fee schedule is entirely dependent upon other department reimbursement rules, namely audiology, speech language pathology, physical therapy, occupational therapy, private duty nursing, and mental health.  Providers have the opportunity to comment on provider-specific fee changes when those rules are amended.  Once the provider-specific rules are adopted and incorporated by reference in other rules the fees automatically apply to the school-based providers.  Therefore, the department is proposing that the school-based health service fee schedule no longer be incorporated by reference.  This will make it easier to maintain.  The department intends to keep the school-based services fee schedule up-to-date for the convenience of providers and department staff, but it will no longer have the effect of law.  The right of providers and the public to comment on proposed rate changes will not be affected because rates for school-based services will continue to be set in other rules.

 

            5.  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., November 25, 2011.

 

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

 

7.  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 5 above or may be made by completing a request form at any rules hearing held by the department.

 

8.  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.

 

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

 

 

 

/s/ John Koch                                               /s/ Mary E. Dalton acting for                      

Rule Reviewer                                             Anna Whiting Sorrell, Director

                                                                        Public Health and Human Services

           

Certified to the Secretary of State October 17, 2011.