BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 37.87.1503, 37.87.1513, 37.87.1703, 37.87.1723, 37.87.1733, 37.87.1903, 37.87.1915, and 37.87.2103 pertaining to children's mental health services plan (CMHSP)

) ) ) ) ) )

NOTICE OF PROPOSED REPEAL     NO PUBLIC HEARING CONTEMPLATED

 

TO:  All Concerned Persons

 

1.  On March 30, 2013, the Department of Public Health and Human Services proposes to repeal 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 March 20, 2013, 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 department proposes to repeal the following rules:

 

37.87.1503  MENTAL HEALTH SERVICES (MHS) PLAN FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE, ELIGIBILITY, is found on page 37-21427 of the Administrative Rules of Montana.

 

AUTH:  53-2-201, 53-6-113, 53-21-703, MCA

IMP:     53-1-601, 53-1-602, 53-1-603, 53-2-201, 53-21-201, 53-21-202, 53-21-701, 53-21-702, MCA

 

37.87.1513  MENTAL HEALTH SERVICES (MHS) PLAN FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE, LIMITATIONS, is found on page 37-21435 of the Administrative Rules of Montana.

 

AUTH:  53-2-201, 53-6-113, 53-21-703, MCA

IMP:     53-1-601, 53-1-602, 53-1-603, 53-2-201, 53-21-201, 53-21-202, 53-21-701, 53-21-702, MCA

 

37.87.1703  MENTAL HEALTH SERVICES (MHS) PLAN FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE, COVERED SERVICES, is found on page 37-21445 of the Administrative Rules of Montana.

 

AUTH:  53-2-201, 53-6-113, 53-21-703, MCA

IMP:     53-1-601, 53-1-602, 53-1-603, 53-2-201, 53-21-201, 53-21-202, 53-21-701, 53-21-702, MCA

 

37.87.1723  MENTAL HEALTH SERVICES (MHS) PLAN FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE, PROVIDER PARTICIPATION, is found on page 37-21451 of the Administrative Rules of Montana.

 

AUTH:  53-2-201, 53-6-113, 53-21-703, MCA

IMP:     53-1-601, 53-1-602, 53-1-603, 53-2-201, 53-21-201, 53-21-202, 53-21-701, 53-21-702, MCA

 

37.87.1733  MENTAL HEALTH SERVICES (MHS) PLAN FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE, PROVIDER REIMBURSEMENT, is found on page 37-21457 of the Administrative Rules of Montana.

 

AUTH:  53-2-201, 53-6-113, 53-21-703, MCA

IMP:     53-1-601, 53-1-602, 53-1-603, 53-2-201, 53-21-201, 53-21-202, 53-21-701, 53-21-702, MCA

 

37.87.1903  MENTAL HEALTH SERVICES (MHS) PLAN FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE, AUTHORIZATION REQUIREMENTS, is found on page 37-21467 of the Administrative Rules of Montana.

 

AUTH:  53-2-201, 53-6-113, 53-21-703, MCA

IMP:     53-1-601, 53-1-602, 53-1-603, 53-2-201, 53-21-201, 53-21-202, 53-21-701, 53-21-702, MCA

 

37.87.1915  MENTAL HEALTH SERVICES (MHS) PLAN FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE, PREMIUM PAYMENTS AND COPAYMENTS, is found on page 37-21471 of the Administrative Rules of Montana.

 

AUTH:  53-2-201, 53-6-113, 53-21-703, MCA

IMP:     53-1-601, 53-1-602, 53-1-603, 53-2-201, 53-21-201, 53-21-202, 53-21-701, 53-21-702, MCA

 

37.87.2103  MENTAL HEALTH SERVICES (MHS) PLAN FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE, NOTICE, GRIEVANCE AND RECONSIDERATION, AND RIGHTS, is found on page 37-21481 of the Administrative Rules of Montana.

 

AUTH:  53-2-201, 53-6-113, 53-21-703, MCA

IMP:     53-1-601, 53-1-602, 53-1-603, 53-2-201, 53-21-201, 53-21-202, 53-21-701, 53-21-702, MCA

 

            4.  STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (department) is proposing to repeal obsolete rules in Title 37, chapter 87, subchapters 15, 17, 19, and 21 pertaining to the Children's Mental Health Service Plan (CMHSP).  The program was created to assist low-income youth who were not eligible for Medicaid or Healthy Montana Kids (HMK) and is funded through state general fund.  From July 2011 to October 2012 approximately three youth received the approved services through CMHSP which are pharmacy, physician, and therapy.  Due to adjustments in the eligibility requirements for HMK, these youth now fall within the eligibility guidelines for HMK.  The income guideline for CMHSP is 160% of poverty while HMK is now at 250% of poverty; therefore, from a financial standpoint, the youth would qualify for and have additional services available through HMK.

 

Fiscal Impact

There is no fiscal impact due to the proposed repeal of these rules.

 

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 March 28, 2013.  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., March 28, 2013.

 

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.  Ten percent of those directly affected has been determined to be one person based on there were only three youth served in the program last year.

 

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 5 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, do not apply.

 

 

 

 

/s/ John Koch                                               /s/ Richard H. Opper                                   

Rule Reviewer                                             Richard H. Opper, Director

                                                                      Public Health and Human Services

 

Certified to the Secretary of State February 19, 2013.