BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the adoption of New Rule I, the amendment of ARM 37.79.101, 37.79.102, 37.79.120, 37.79.201, 37.79.206, 37.79.207, 37.79.501, 37.79.503, 37.79.505, 37.79.602, and 37.79.801, and repeal of 37.79.301, 37.79.303, 37.79.307, 37.79.308 37.79.309, 37.79.312, 37.79.313, 37.79.316, 37.79.317, and 37.79.325 pertaining to the healthy Montana kids coverage group of the healthy Montana kids plan

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NOTICE OF ADOPTION, AMENDMENT, AND REPEAL

 

TO:  All Concerned Persons

 

1.  On December 20, 2012, the Department of Public Health and Human Services published MAR Notice No. 37-622 pertaining to the public hearing on the proposed adoption, amendment, and repeal of the above-stated rules at page 2566 of the 2012 Montana Administrative Register, Issue Number 24.

 

2.   The department has adopted New Rule I (37.79.304), as proposed.

 

3.  The department has amended ARM 37.79.101, 37.79.102, 37.79.120, 37.79.201, 37.79.206, 37.79.207, 37.79.501, 37.79.503, 37.79.602, and 37.79.801 as proposed.

 

4.  The department has repealed ARM 37.79.301, 37.79.303, 37.79.307, 37.79.308, 37.79.309, 37.79.312, 37.79.313, 37.79.316, 37.79.317, and 37.79.325 as proposed.

 

5.  The department has amended the following rule as proposed with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

            37.79.505  DISENROLLMENT  (1) through (4) remain as proposed.

      (5)  Notice is adequate if it includes:

      (a) through (f) remain as proposed.

      (g)  the right to be represented by legal counsel, friend, relative, or other spokesman spokesperson;

      (h) through (j) remain as proposed.

 

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, MCA

 

6.  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:  One commenter recommended that the department change the word "spokesman" to "spokesperson."

 

RESPONSE #1:  The department agrees with the recommendation and has changed the text accordingly to eliminate the possibility of gender-specific reference to men implied when using "spokesman."

 

COMMENT #2:  A comment was received in support of the rule changes generally.

 

RESPONSE #2:  The department thanks the commenter for supporting the rule changes.

 

            7.  The department intends to apply New Rule I (37.79.304) retroactively to October 1, 2012 except for chiropractic services and durable medical equipment, which will be applied retroactively to January 1, 2013.  A retroactive application of the proposed rules does not result in a negative impact to any affected party.

 

 

/s/ Geralyn Driscoll                                        /s/ Richard H. Opper                        

Rule Reviewer                                               Richard H. Opper, Director

                                                                        Public Health and Human Services

           

Certified to the Secretary of State February 4, 2013