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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NOTICE OF 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. On September 19, 2013, the Department of Public Health and Human Services published an Amended Notice of Public Hearing on Proposed Amendment at page 1661 of the 2013 Montana Administrative Register, Issue Number 18.

 

2. The department has amended ARM 37.86.1105 as proposed.

 

3. The department has amended the following rule as proposed, but with the following changes from the original proposal, 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) remains as proposed.

            (2) The department adopts and incorporates by reference, the resource-based relative value scale (RBRVS) reimbursement methodology for specific providers as described in ARM 37.85.212 on the date stated.

            (a) Resource-based relative value scale (RBRVS) means the version of the Medicare resource-based relative value scale contained in the Medicare Physician Fee Schedule adopted by the Centers for Medicare and Medicaid Services (CMS) of the U.S. Department of Health and Human Services and published at 77 Federal Register 222, 68891 68892 (November 16, 2012), effective January 1, 2013 which is adopted and incorporated by reference.

            (b) through (6) remain as proposed.

 

AUTH: 53-2-201, 53-6-113, MCA

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

 

4. 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: A comment was received informing the department that one of the citations to the Federal Register in this rule was incorrect.

 

RESPONSE #1: The department will correct the citation to the Federal Register in ARM 37.85.105(2)(a).

 

            5. These rule amendments are effective November 1, 2013.

 

 

 

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

John Koch                                                    Richard H. Opper, Director

Rule Reviewer                                               Public Health and Human Services

           

Certified to the Secretary of State November 4, 2013.