BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.85.105 and 37.86.1105 pertaining to Medicaid pharmacy unit dose prescription fee and mental health youth services fee

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AMENDED NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

1. On September 5, 2013, the Department of Public Health and Human Services published MAR Notice No. 37-646 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1579 of the 2013 Montana Administrative Register, Issue Number 17.

 

2. On October 9, 2013, at 11:00 a.m., the Department of Public Health and Human Services will hold a second 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 rules. This public hearing is being held to receive comments to the amendment to the mental health youth services fee contained in this amended proposed notice.

 

3. 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 October 2, 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].

 

4.  The original proposed notice, published on September 5, 2013, pertained to the need to update the rules to accurately reflect how pharmacy benefits are administered in ARM 37.85.105(3). The department discovered, after the first notice was filed with the Office of the Secretary of State, that an update was also required in another area of the rule. The department has chosen to amend the original proposed notice rather than publish a separate notice.

 

The department proposes to amend the fee schedule adopted and incorporated by reference in ARM 37.85.105(6). The reason this is necessary is because the information contained in the "Management" column relating to authorization and reviews is located in other rules within the Children's Mental Health Bureau's (CMHB) rules. Housing this information in one rule rather than multiple rules will allow the CMHB to better organize regulations and information sharing. The incorporation by reference date of the Medicaid Youth Mental Health Services Fee Schedule is being amended to be effective on November 1, 2013.

 

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

 

37.85.105 Effective dates, CONVERSION FACTORS, POLICY ADJUSTERS, AND COST-TO-CHARGE RATIOS of Montana Medicaid Provider Fee Schedules (1) through (5) remain as proposed.

            (6) The department adopts and incorporates by reference, the fee schedule for the following programs within the Developmental Services Division, on the date stated.

            (a) Mental health services for youth, as provided in ARM 37.87.901 in the Medicaid Youth Mental Health Services Fee Schedule, is effective July 1, 2013 November 1, 2013.

            (b) and (c) remain as proposed.

 

AUTH: 53-2-201, 53-6-113, MCA

IMP:     53-2-201, 53-6-101, 53-6-402, MCA

 

6. ARM 37.86.1105 remains as proposed.

 

7. 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 October 17, 2013. Comments may also be faxed to (406) 444-9744 or e-mailed to [email protected].

 

8. The department intends to apply these rules retroactively to November 1, 2013. A retroactive application of the proposed rules does not result in a negative impact to any affected party.

 

9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.

 

 

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

John C. Koch                                               Richard H. Opper, Director

Rule Reviewer                                               Public Health and Human Services

 

Certified to the Secretary of State September 9, 2013.