BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the adoption of New Rules I through III, and the amendment of ARM 37.80.101, 37.80.102, 37.80.103, 37.80.201, 37.80.202, 37.80.203, 37.80.206, 37.80.301, 37.80.305, 37.80.306, 37.80.316, and 37.80.502 pertaining to child care assistance

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION AND AMENDMENT

 

TO: All Concerned Persons

 

            1. On February 6, 2014, at 3:30 p.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 adoption and amendment of 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 January 30, 2014, 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 rules as proposed to be adopted provide as follows:

 

NEW RULE I INTENTIONAL PROGRAM VIOLATIONS (1) An intentional program violation occurs when:

(a) a parent or guardian receives, or attempts to receive, child care assistance based on a false or misleading statement, misrepresentation, concealment, or withholding of relevant facts or information;

(b) a parent or guardian knowingly fails to comply with the requirements for receiving child care assistance;

(c) a provider receives, or attempts to receive, a child care assistance payment based on a false or misleading statement, misrepresentation, concealment, or withholding of relevant facts or information; or

(d) a parent, guardian, or provider knowingly fails to comply with the requirements of the Montana Child Care Act, this chapter, or ARM Title 37, chapter 95.

(2) The department will evaluate an intentional program violation on a case-by-case basis to determine whether to impose a sanction as provided in [New Rule II].

(3) The department must impose sanctions for the following intentional program violations:

(a) providing false employment information, including concealing employment;

(b) providing false information regarding wages or other income;

(c) misrepresenting or failing to disclose household membership;

(d) failing to disclose a criminal conviction as identified in ARM 37.80.306(3);

(e) claiming child care assistance for care provided by an ineligible provider;

(f) misrepresenting the amount of child care needed or used;

(g) falsifying sign-in/sign-out records; and

(h) attempts to undermine or circumvent program requirements designed to ensure child safety, including background checks, group sizes, and child-to-staff ratios.

(4) The department may sanction other intentional program violations based on the circumstances of the violation.

 

AUTH:    52-2-704, 53-4-212, MCA

IMP:       52-2-704, 52-2-713, MCA

 

            NEW RULE II INTENTIONAL PROGRAM VIOLATION SANCTIONS 

            (1) The department has the discretion, based on the circumstances of the violation, to determine the appropriate sanction for the first intentional program violation. The department may impose any of the following sanctions on a parent/guardian or provider for a first intentional program violation:

            (a) issue the intentional program violation even if there is no overpayment due;

            (b) require repayment of child care assistance payments related to the program violation; or

            (c) require repayment of child care assistance payments related to the program violation and terminate the parent/guardian or provider, or both, from the Child Care Assistance Program.

            (2) If a parent or guardian receives a second intentional program violation, the department will require the repayment of all child care assistance payments related to the violation and the parent will be terminated from the Child Care Assistance Program.

            (3)  If a provider receives a second intentional program violation, the department will require the repayment of all child care assistance payments related to the violation and may terminate the provider from the program, if appropriate.

            (4) A notice of an intentional program violation is an adverse action of the department. The department will send timely notice of this adverse action, including fair hearing rights under ARM 37.80.104 and 37.5.103.

 

AUTH:    52-2-704, 53-4-212, MCA

IMP:       52-2-704, 52-2-713, MCA

 

            NEW RULE III AUTHORIZATION OF SERVICES – CERTIFICATION PLANS

            (1) Child care assistance is provided for through an authorization of services and a certification plan. The authorization of services and certification plan include the following information:

            (a) number of children authorized to receive child care assistance;

            (b) number of hours per week authorized;

            (c) number of months authorized;

            (d) name of the child care provider; and

            (e) amount of monthly copayment that the parent must pay to the provider.

 

AUTH:    52-2-704, 53-4-212, MCA

IMP:       52-2-704, 52-2-713, MCA

 

4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            37.80.101 PURPOSE AND GENERAL LIMITATIONS (1) This chapter pertains to payment for child care services provided to parents eligible for benefits funded under section 5082 of the Omnibus Reconciliation Act of 1990, Public Law 101-508, entitled "Child Care and Development Block Grant Act of 1990", as amended in 1996, and the "Personal Responsibility and Work Opportunity Reconciliation Act" of 1996. These rules also pertain to subsequent refunding of this program. In addition, this chapter's requirements for certification of legally certified providers under ARM 37.80.306 apply to all child care programs administered by the department where the department allows participation of legally certified providers to the Best Beginnings Program, which administers payment for child care services.

            (2) Child care Financial assistance may be available to cover pay a portion of a working parent's child care costs. Payment may only be made to:

the cost of child care incurred by working parents who are income eligible and who demonstrate a need for child care assistance in support of employment, subject to the following restrictions:

            (a) If all or part of the cost of child care is provided by another source, child care assistance will be reduced by the amount paid by the other source. a licensed child care center;

            (b) If child care services are provided to a parent who is an employee of a child care business free or at a reduced cost as an employment benefit, the parent's child care assistance will be based on the amount the parent is required to pay out of the parent's own pocket for care of the parent's own child. a registered group child care home;

            (c) A parent may not receive child care assistance for providing care to the parent's own child, but child care assistance may be available to pay for child care provided by another provider to allow the parent to attend child care education or training activities. a registered family child care home; or

            (d) A parent who provides child care to another's child while their own child is cared for by someone else is not eligible for child care assistance, unless they are an employee of a child care provider that is unable to care for the parent's child. The foregoing does not prevent child care assistance to an employee of a child care provider whose child receives care from that provider, so long as children other than those of the employee and the employee's employer are also attending the facility. a legally certified provider.

            (3) A parent who is not making monthly payments on outstanding child care overpayments is not eligible for further child care assistance. Any parent who misses a payment as required by the terms of an overpayment repayment agreement or order and who does not become fully current in making all payments required under the agreement or order within the times described below will not be eligible to receive child care assistance until the parent has become fully current in making all payments required under the agreement or order, or unless the department has agreed to modify the payment schedule under the repayment agreement or order.

(a) Unless the department has agreed to a modified repayment schedule, a parent will cease being eligible to receive child care assistance if the parent has not become fully current in making all required payments on or before the 90th calendar day following the first missed payment. The period of ineligibility will begin on the 90th calendar day following the first missed payment and will end when the parent has become fully current in making all payments required under the repayment agreement or order.

(b) Unless the department has agreed to a modified repayment schedule, a parent will cease being eligible to receive child care assistance if the parent has not become fully current in making all required payments on or before the 60th calendar day following the second missed payment. The period of ineligibility will begin on the 60th calendar day following the second missed payment and will end when the parent has become fully current in making all payments required under the repayment agreement or order.

(c) Unless the department has agreed to a modified repayment schedule, a parent will cease being eligible to receive child care assistance if the parent has not become fully current in making all required payments on or before the 30th calendar day following of the third missed payment. The period of ineligibility will begin on the 30th calendar day following the third missed payment and will end when the parent has become fully current in making all payments required under the repayment agreement or order.

            (d) Unless the department has agreed to a modified repayment schedule, a parent will cease being eligible to receive child care assistance when the parent has missed more than three payments, and the parent will not be eligible to receive further child care assistance until the parent has become fully current in making all payments required under the repayment agreement or order.

            (4) Eligibility of parents and the amount of child care assistance provided under this chapter is based on income as set out in ARM 37.80.202. Households whose gross income exceeds 150% of the federal poverty guidelines are not eligible. Each household must actively seek all income for which the household has a legal claim.

            (5) Households that are not receiving temporary assistance for needy families (TANF) may receive child care assistance for 30 calendar days while eligibility is being verified. Households may benefit from 30 calendar days of presumptive eligibility which is an option at any time an application is submitted and a case is not already open. To apply for presumptive eligibility, a household must:

            (a) submit a completed child care application which indicates the household is likely to be eligible;

            (b) provide a completed authorization to release information form; and

            (c) submit an appropriate child care service plan.

            (6) If the household intentionally provides false information for the purpose of receiving child care assistance from a presumptive eligibility determination, the household will be responsible for repaying the overpayment.

            (7) All providers must be certified for the purpose of receiving payment under a state assisted child care program. Certification under a state assisted child care program is separate and apart from registration as a group or family child care home, or licensure as a child care center, and means simply that the provider has been approved as eligible to receive state payment for child care services as allowed by this chapter. Those operating as a group or family child care home or child care center as defined by department rule and the Montana Child Care Act remain subject to child care facility registration and licensing rules in addition to requirements for certification under this chapter.

            (8) Eligibility of parents and providers for child care assistance is contingent on meeting all applicable requirements under this chapter.

            (9) Payment of funds under this chapter also depends on continued funding. Termination of any and all benefits may occur based on the loss or depletion of federal funding.

            (10) Provision of benefits for child care services under this chapter, or under any other department child care program, does not create an employer-employee relationship between the department and the provider and may not be deemed to obligate the department to provide employment-related benefits to child care providers.

            (11) Except as provided in (5), child care assistance payments are not available unless both the parent and the provider meet all eligibility requirements specified in this chapter.

            (12) An application for child care assistance will be denied if the applicant fails to submit all required documentation within 30 calendar days of the date on which the application is received by the resource and referral agency. Applicants must be offered one 15-calendar-day extension to submit required documentation in the possession of a third party.

            (13) (3)  The Child Care Assistance Program will be administered in accordance with:

            (a) remains the same.

            (b) the Montana Child Care Manual in effect on September 7, 2012. The Montana Child Care Manual, dated September 7, 2012 March 1, 2014, is adopted and incorporated by this reference. The manual contains the policies and procedures utilized in the implementation of the department's Child Care Assistance Program. A copy of the Montana Child Care Manual is available at each child care resource and referral agency; at the Department of Public Health and Human Services, Human and Community Services Division, 111 N. Jackson St., P.O. Box 202925, Helena, MT 59620-2925; and on the department's web site at www.childcare.mt.gov.

 

AUTH:    52-2-704, 53-4-212, MCA

IMP:       52-2-702, 52-2-704, 52-2-713, 52-2-731, 53-2-201, 53-4-211, 53-4-601,

53-4-611, 53-4-612, MCA

 

            37.80.102 DEFINITIONS As used in this chapter, the following definitions apply:

            (1) "Abuse/misuse of funds" means administrative violations of departmental, agency, or program regulations, which impair the effective and efficient execution of programs. These violations may result in losses or they may result in denial or reduction in lawfully authorized benefits to participants. "Authorization of Services" means the span of time, number of hours per week, and schedule that an eligible child is approved for care at a particular provider's facility. In addition, it indicates the monthly payment amount that the family is approved to receive for the indicated child at the indicated facility. The authorization of services is used to create the Certification Plan.

            (2) "Certification pPlan" means a notice issued by the child care resource and referral agency which authorizes child care assistance and specifies the number of children for whom the document prepared by the department, or its agent, that states the amount of child care assistance is authorized, the number of hours per week for which assistance is authorized, the number of months for which authorization is granted, the name of the child care provider, and the amount of the monthly copayment which the parent must pay to the provider. Certification plans are subject to change based on circumstances affecting eligibility or the provision of child care assistance. to be paid and includes any additional information required by the department. This document is generated after the authorization of services has been created.

            (3) "Child care" means supplemental parental care as defined in ARM 37.95.102 provided by either at a licensed or registered child care facility or by a legally unregistered certified provider, for a child:

            (a) from birth through the day prior to the 13th birthday a child less than 13 years of age or an individual less than 19 years of age with special needs. The terms "child care" and "day care" have the same meaning and are used interchangeably in this subchapter;.

            (b) who is a child with special needs; or

            (c) who is under the age of 19 and under the supervision of a court.

            (4) "Child care assistance" means payment made to a child care provider on behalf of a parent or guardian for child care.

            (4) (5)  "Child care facility" has the same meaning as the term "day care facility" as defined in ARM 37.95.102 means a licensed child care center, a registered group child care home, a registered family child care home, or a certified provider home.

            (5) Child Care Manual means the Montana Child Care Manual incorporated by reference in ARM 37.80.101.

            (6) "Child care resource and referral agency" or "resource and referral agency" means the entity or organization with which an agent of the department contracts authorized to administer the child care assistance program, including determination of determine eligibility for benefits, certification of providers to receive payments, and the process payment of to providers, and carry out other functions as authorized by the department.

            (7) "Child with special needs" means a child who is age 18 or younger under 19 years of age who requires additional assistance because of an emotional or physical disability, and/or a cognitive delay, or both that is verified by medical records or other appropriate documentation.

            (8) through (10) remain the same.

            (11) "Express eligibility" means the procedure used to determine income eligibility for Supplemental Nutrition Assistance Program (SNAP) participants who apply for the Best Beginnings Child Care Scholarship program.

            (12) (11) "Federal poverty guidelines (FPG)" or "Federal Poverty Level (FPL)" means the poverty guidelines published annually by the U.S. Department of Health and Human Services based on information compiled by the U.S. Bureau of the Census. The department adopts and incorporates by reference the federal poverty guidelines published at 69 FR 7336 on February 13, 2004 and updates are issued on an annual basis. The guidelines define the income levels for families that the federal government considers to be living in poverty. A Upon request, a copy of the guidelines is available from the Department of Public Health and Human Services, Human and Community Services Division, 111 N. Jackson St., P.O. Box 202952, Helena, MT 59620-2925.

            (13) "Fraud" means a legal term which encompasses the intentional, wrongful obtaining of either money or some other advantage or benefit from government programs or commercial operations. Fraud includes theft, embezzlement, false statements, illegal commissions, kickbacks, conspiracies, obtaining contracts through collusive arrangements, and similar devices.

            (14) (12)  "Full-time child care" means care certified for 30 or more hours per week on a regular basis, as regular basis is defined in ARM 37.95.102.

            (15) and (16) remain the same, but are renumbered (13) and (14).

            (17) "Individual with a disability" means a person with a physical, mental, or emotional defect, illness, or impairment diagnosed by a licensed physician, psychiatrist, or psychologist which is sufficiently serious as to eliminate or substantially reduce the individual's ability to obtain and retain employment for a period expected to last at least 30 calendar days.

            (18) "In loco parentis" means a person who lives with the child and has assumed the care and control of the child.

            (15) "Intentional program violation (IPV)" means conduct by a parent or provider described in [New Rule I].

            (19) (16)  "Legally certified provider" means a person providing child care under this chapter, who qualifies to receive child care assistance without meeting the requirement of Title 37, chapter 95 or under any child care program administered by the department allowing for legally certified providers, who is not required to be registered or licensed as a child care facility and is not a preschool or drop-in facility, including providers whose child care services are provided in the home of the parents.

            (a) A legally certified provider certified under this chapter, or under any child care program administered by the department allowing for participation of legally certified providers, may care for up to two children or all the children from the same household, and may provide child care in the home of the parents.

            (20) (17)  "Monthly income" means gross monthly income of the parent or parents residing with the child and the income of adults in the household who are included in the calculation of household size as provided in ARM 37.80.202. The income of a parent not residing with the child shall will be counted as monthly income under this chapter only in cases where such parent's income is available to support the household of the child. Any child support provided by a parent not residing with the child to the household of such child shall will be counted as monthly income, and such child support shall will be deemed to constitute the extent to which the nonresidential parent's income is available to the household. The following sources of income are the only sources that will not be counted in determining gross monthly income:

            (a) Pell educational loans, scholarships, and grants;

            (b) national merit scholarships;

            (c) Carl Perkins federal scholarships;

            (d) state student incentive grants;

            (e) national direct student loan program funds;

            (f) guaranteed student loan program, section 502 funds;

            (g) congressional teachers scholarships;

            (h) nursing student loans;

            (i) other needs-based scholarships;

            (j) through (n) remain the same, but are renumbered (b) through (f).

            (o) (g) a minor's earned income, if attending secondary education high school or a GED-type program; and

            (p) (h)  supplemental security income (SSI) payments; and.

            (q) secondary or postsecondary education scholarships.

            (18) "Overpayment" means a payment of child care assistance to a parent or provider, by the department or its agent, that is greater than the amount the parent or provider is properly authorized to receive by federal or state law. An overpayment may result from the intentional or unintentional action of a parent, guardian, provider, department, or department's agent.

            (21) (19)  "Parent" or "parent or guardian" means: the birth or adoptive parent, legal guardian, or other person acting in loco parentis.

            (a) a biological or adoptive parent of a child;

            (b) a foster parent;

            (c) a guardian generally authorized to act as the child's parent;

            (d) an individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative with whom the child lives; or

            (e) an individual who is legally responsible for the child's welfare.

            (22) (20)  "Provider" means both legally certified, and legally certified-in-home providers, and licensees and registrants of other child care facilities.

            (23) "Short-term emergency" means a break in employment which does not exceed three months and which is caused by an unforeseen medical condition of a parent or a child, excluding a normal pregnancy or normal delivery of a child.

            (24) "Special circumstances" means those circumstances that might influence equal access or cultural challenges that, if not granted, would interfere with continuity of care for children.

            (25) and (26) remain the same, but are renumbered (21) and (22).

 

AUTH:    52-2-704, 53-4-212, MCA

IMP:     52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, 53-2-201,

53-4-211, 53-4-601, 53-4-611, 53-4-612, MCA

 

            37.80.103 CONFIDENTIALITY (1) Use and disclosure of information pertaining to an applicant for, or recipient of child care assistance is allowed only for the following purposes:

            (a) to administer child care assistance under this chapter, which includes but is not limited to:;

            (i) determining eligibility and the amount of assistance;

            (ii) providing assistance to eligible persons;

            (iii) conducting audits and investigations; and

            (iv) prosecuting criminal or civil proceedings relating to assistance;

            (b) through (d) remain the same.

            (e) to provide the applicant or recipient's current address to a state or local law enforcement officer, if the officer documents that the person is a fugitive felon whose arrest is the responsibility of the officer.; additionally, Tthe officer shall must provide the name and social security number of the recipient by written request;

            (f) to provide information necessary for emergency medical or other critical needs.; Notice of release shall be given as soon as possible to the applicant or participant;

            (g) and (h) remain the same.

            (2) An applicant or recipient of child care assistance is entitled to information regarding the applicant or recipient's case upon request, except:

            (a) remains the same.

            (b) when the requested information was provided on the condition that it not be shared with the applicant or recipient; or

            (c) remains the same, but is renumbered (b).

 

AUTH:    52-2-704, 53-4-212, MCA

IMP:       52-2-704, 53-2-211, MCA

 

            37.80.201 NONFINANCIAL REQUIREMENTS FOR ELIGIBILITY AND PRIORITY FOR ASSISTANCE (1) In addition to the income requirements of ARM 37.80.202, the following nonfinancial requirements must be met in order for payments under this chapter to be made:

            (a) remains the same.

            (b) The monthly minimum hourly work requirement does not apply to:

            (i) through (vi) remain the same.

            (vii)  in extreme circumstances of verifiable medical, financial, and physical hardship, a decision to approve eligibility or continued eligibility in cases not otherwise meeting the required eligibility standards can be made by either the Child Care Program manager or the chief of the Early Childhood Services Bureau. Approval decisions will be based on how the hardship impacts the family and whether the family would likely meet the eligibility criteria for child care assistance when the hardship is no longer present.

            (2) and (3) remain the same.

            (4) If a birth or adoptive parent of a child does not live with the child and is not paying child support under a child support order recognized by a Montana district court, the custodial parent must apply for and cooperate with child support enforcement services from the department's Child Support Enforcement Division. The department determines cooperation with Child Support Enforcement Division by maintaining an open case when a case can be established or by the parent providing all appropriate requested documentation to Child Support Enforcement Division for them to open a child support case. A custodial parent who fails without good cause to apply for such services and to cooperate with the Child Support Enforcement Division will be decertified for benefits under this chapter as of the date of such failure. Good cause is defined as specified in ARM 37.78.215.

            (5) remains the same.

            (6) Due to limited funding for child care assistance, some households which meet all requirements for eligibility may not receive benefits. If there are insufficient funds to provide benefits to all eligible households, priority for benefits will be determined as follows:

            (a) through (c) remain the same.

            (d) All other eligible non-TANF households shall will be prioritized by ranking household income as a percentage of the Federal Poverty Guidelines (FPG). The household with the lowest percentage of income, relative to FPG, has the highest priority when funding becomes available.

            (e) remains the same.

            (7) Under no circumstances may payment be made for child care provided by a parent or person acting in loco parentis who assumes all the responsibilities of the parent of the child, even if such parent does not reside in the child's household. In addition, no payment under this chapter may be made for child care provided by any person who is included as a member of the same household as the child for purposes of determining eligibility for TANF cash assistance or child care assistance under this chapter.

            (8) through (10) remain the same.

            (11) During the hours school is in session, Any a licensed or registered child care provider or a legally certified provider is not eligible for child care assistance for children who fall within the age groups traditionally serviced by the public school system, or alternately a private or home school and who are attending said school for educational purposes during traditional school hours are not eligible for child care payments a child six years of age or older on or before September 10 of the current year. The department will not pay for a child during normal school hours when a child is home schooled.

 

AUTH:      40-4-234, 52-2-704, 53-4-212, MCA

IMP:         52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 53-4-611, MCA

 

            37.80.202 FINANCIAL REQUIREMENTS FOR ELIGIBILITY; PAYMENT FOR CHILD CARE SERVICES; PARENT'S COPAYMENT (1) remains the same.

            (2) Households that are not receiving temporary assistance for needy families (TANF) are presumed eligible to receive child care assistance for 30 calendar days while application information is verified.

            (a) To qualify for presumptive eligibility, a household must:

            (i) submit a complete application that states the household meets eligibility requirements;

            (ii) authorize the release of information to the department; and

            (iii) submit an appropriate child care service plan.

            (b) An applicant who intentionally provides false information for the purpose of receiving child care assistance must repay the child care assistance and is ineligible to participate in the program.

            (2) (3)  Assets owned by the members of the household or in which the members of a household have an interest are not considered in determining whether a household is eligible for child care assistance.

            (3) (4)  Parents eligible for assistance are responsible for paying a monthly copayment in the amount specified in the sliding fee scale table incorporated in (14).

            (a) In general, the household's copayment is a percentage of the household's gross monthly income, based on the household's gross monthly income as compared to the FPG for a household of that size. Generally, households with income which is a higher percentage of the FPG are required to pay a higher percentage of their gross monthly income as a copayment than households whose income is a smaller percentage of the FPG. All parents receiving TANF-funded cash assistance shall must pay the $10 minimum copayment amount as specified in the sliding fee scale, regardless of household size or income.

            (b) In the event that the actual cost of child care for the month is less than the required copayment which the parent would be required to pay according to the sliding fee scale the parent will be required to pay the actual cost of care rather than the specified copayment.

            (c) Parents are solely responsible for paying the copayment to the child care provider. Parents who fail to make the required payment or make arrangements satisfactory to the provider for payment will be ineligible for child care assistance until the amount due has been paid or arrangements satisfactory to the provider have been made.

            (d) remains the same.

            (4) (5)  In computing a household's size for purposes of determining eligibility and the parent's copayment, the following persons must be included as members of the household:

            (a) remains the same.

            (b) all persons who live in the same household as the child or children and who are the child's:

            (i) natural or adoptive parents, or stepparents;

            (ii) brothers and sisters, or stepbrothers and stepsisters, or half brothers and half sisters who are siblings, step-siblings, or half-siblings age 17 and younger;

            (c) a person an adult who lives in the same household as the child or children and who is the child's legal guardian or is acting in loco parentis who assumes all the responsibilities of the parent for the child; and

            (d) remains the same.

            (5) (6)  In computing a household's size for purposes of determining eligibility and the parent's copayment, the household parent has the option of choosing to include or exclude as a household member any other person residing with the child.

            (a) After the household exercises its option to include or exclude a person when eligibility is initially being determined, the household cannot subsequently choose a different option, unless the optional members leave the household.

            (6) (7)  In computing the household's income for purposes of determining eligibility and the parent's copayment, the income of all persons counted in computing household size must be counted. The income of persons not counted in computing household size will not be counted.

            (7) remains the same, but is renumbered (8).

            (8) (9)  Persons providing child care services subsidized under this chapter will be paid at the lesser of the provider's usual and customary rate or the rates specified in ARM 37.80.205. This total monthly payment due to the child care provider is computed by multiplying the applicable payment rate times the number of child care hours or days for the month for which payment is allowed under this chapter. The portion of the total monthly payment which that the department is required to pay is computed by subtracting the parent's monthly copayment from the total monthly payment due.

            (9) remains the same, but is renumbered (10).

            (10) (11)  No child care assistance payments can be issued until an authorization and corresponding certification plan which that authorizes payment for child care services has been created by the child care resource and referral agency.

            (11) and (12) remain the same, but are renumbered (12) and (13).

            (13) (14)  A household that receives any amount of child care assistance to which the household was not entitled shall must repay all child care assistance to which the household was not entitled, regardless of whether the applicant, the recipient, the department, or contractors acting on behalf of the department caused the overpayment.

 

AUTH:    52-2-704, 53-4-212, MCA

IMP:     52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, 53-2-201, 53-4-211, 53-4-212, 53-4-601, 53-4-611, MCA

 

            37.80.203 REQUIREMENT TO REPORT CHANGES (1) remains the same.

            (2) Applicants and recipients of child care assistance must report to the resource and referral agency administering their case any change in the following circumstances within ten calendar days from the date the applicant or recipient learns of the change:

            (a) through (d) remain the same.

            (e) mailing address, residential address, and phone number; and

(f) any change in:

(i) (f)  compliance by the applicant or recipient with any order or determination of DPHHS the department's Child Support Enforcement Division;

(ii) and (iii) remain the same, but are renumbered (g) and (h).

            (3) remains the same.

            (4) A household that receives any amount of child care assistance to which the household was not entitled, including due to the parent's failure to report changes in circumstances as required by this rule, shall must repay all child care assistance received but to which the household was not entitled the overpayment. 

 

AUTH:   52-2-704, 53-4-212, MCA

IMP:     52-2-704, 52-2-713, 53-2-108, 53-2-201, MCA

 

            37.80.206 CERTIFIED ENROLLMENT (1) through (3) remain the same.

            (4) Child care facilities must notify the child care resource and referral agency when a child is absent without explanation for five consecutive working days unless the child has been attached to a different provider. If the provider fails to notify the child care resource and referral agency when a child is absent without explanation for five consecutive working days, the department is not required to pay for any care from the date the child last attended the facility.

 

AUTH:    52-2-704, MCA

IMP:       52-2-704, MCA

 

            37.80.301 REQUIREMENTS FOR CHILD CARE FACILITIES, COMPLIANCE WITH EXISTING RULES, CERTIFICATION (1) Child care facilities must be in compliance with applicable the licensing and registration requirements as specified in ARM 37.95.101, 37.95.1010, 37.95.1011, 37.95.1015, 37.95.1016, 37.95.1020, and 37.95.1021 Title 37, chapter 95 to receive payment under this chapter. Loss of eligibility for funds under this chapter for failing to comply with child care facility licensing and registration requirements including group size and staff-to-child ratios, as well as program requirements, as stipulated in the Best Beginnings Child Care Scholarship Manual is in addition to other remedies available for such violations.

            (2) The provider is responsible for informing parents who are receiving child care assistance under this chapter that the provider's has lost their license, registration, or certification has been revoked or expired. The provider may not bill the household for payments denied by the department due to the provider's failure to comply with licensing, certification, or registration requirements.

            (3) remains the same.

            (4) A provider's eligibility to receive state payment under a state-assisted child care program may be terminated if:

            (a) remains the same.

            (b) the provider refuses access to the child care setting and child records during business hours to the following personnel:

            (i) remains the same.

            (ii) child care resource and referral agency personnel investigating child care services; or

            (iii) remains the same.

            (5) All child care providers shall must maintain current sign-in/sign-out records for each child receiving child care assistance and utilize them as follows:

            (a) Each time the child enters or leaves the provider's care, the parent or other individual authorized to deliver or pick up the child shall must initial or sign the sign-in/sign-out sheet. An electronic signature system may be used if it employs a unique and confidential identification process for individuals.

            (b) Sign-in/sign-out records must indicate the child's name, the date, the hour, and the minute when the child enters and leaves the provider's care.

            (c) The provider shall must make sign-in/sign-out records available to child care resource and referral agency staff and state and local government health, safety, or law enforcement representatives upon request.

            (d) The provider shall must keep sign-in/sign-out records for five years beyond the date of attendance. 

            (e) Sign-in/sign-out records must be maintained on a daily, chronological basis that show the attendance of all children. If the provider maintains a sign-in/sign-out record by individual child or family, it does not meet the requirements of this rule.

 

AUTH:     52-2-704, MCA

IMP:      52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA

 

            37.80.305 LEGALLY CERTIFIED PROVIDERS: INTRODUCTION

            (1) Except where otherwise specified, legally certified providers are not subject to department licensing or registration requirements applicable to "child care facilities" as the term is defined by statutes and rules. Nevertheless, legally Legally certified providers must be properly certified under this chapter to receive payment for child care services.

 

AUTH:     52-2-704, MCA

IMP:       52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA

 

            37.80.306 LEGALLY CERTIFIED PROVIDERS: CERTIFICATION REQUIREMENTS AND PROCEDURES (1) remains the same.

            (2) An application for certification or recertification will be denied under any of the following circumstances:

            (a) the applicant fails to submit all required documentation within 30 days of the date on which the application is received by the resource and referral agency;

            (b) the applicant is the child's parent or a person who is living with the child and acting in loco parentis or is a person who is included in the same household as the child for purposes of determining eligibility for TANF cash assistance or child care assistance under this chapter;

            (c) the applicant discriminates in the provision of child care services on the basis of the race, sex, religion, creed, color, or national origin of the parent or the child;

            (d) the applicant has currently been denied a child care provider registration or license or would be denied a registration or license if the applicant applied, or the applicant has been denied a child care provider registration or license in the past or has had a child care provider registration or license revoked for cause in the past;

            (e) the background check process has exceeded 90 days in duration; or

            (f) the applicant has an open child protection services (CPS) case under investigation.

            (3) remains the same, but is renumbered (2).

            (a) If an individual required to have a background check has lived outside the state of Montana at any time after the individual's 18th birthday, the individual must complete an FBI fingerprint background check and will be required annually thereafter at the applicant's expense.

            (4) In addition to completing all required application forms for certification under this chapter, applicants for certification to provide child care as legally certified providers, and all adults in their household, must truthfully attest in writing that he or she:

            (a) has not been named as the perpetrator in a report substantiating abuse or neglect of a child, or been named as a perpetrator in a report substantiating abuse or neglect of a person protected under the Montana Elder and Persons with Developmental Disabilities Abuse Prevention Act or of a person protected by a similar law in another jurisdiction or had parental rights terminated while an adult;

            (b) has not been convicted or adjudicated of a crime involving harm to children, or physical or sexual violence against any person, including misdemeanor or felony convictions;

            (c) is not facing a pending criminal charge involving harm to children, or physical or sexual violence against any person;

            (d) does not have a pending criminal charge for a crime that bears upon the applicant's fitness to have responsibility for the safety and well-being of children;

            (e) is not currently diagnosed or receiving therapy or medication for a mental illness or emotional disturbance which might create a risk to children in care. Mental illness or emotional disturbance which might create a risk to children in care shall be determined by a licensed psycholo­gist or psychiatrist. Prior to certification, the department may require that an applicant obtain a psychological or psychiatric evaluation at his or her own expense if there is reasonable cause to believe such a mental illness or emotional disturbance exists;

            (f) is not chemically dependent upon drugs or alcohol or been convicted or adjudicated of a crime involving drugs or alcohol, including misdemeanor or felony convictions. Chemical dependence on drugs or alcohol shall be determined by a licensed physician or licensed addiction counselor. Prior to certification, the department may require that the provider obtain an evaluation at his or her own expense if there is reasonable cause to believe chemical dependence exists;

            (g) has not been convicted or adjudicated of a crime involving child endangerment, including misdemeanor or felony convictions;

            (h) has not been convicted or adjudicated of a crime involving the unlawful possession of a weapon, including misdemeanor or felony convictions; or

            (i) is the principal responsible for providing child care and is not acting as an agent for another.

            (3) If the background checks reveal any of the following, the application will be denied:

            (a) Child Protective Services (CPS) substantiation against the applicant or other adult in the household, or an open CPS case against the applicant or adult in the household;

            (b) conviction of a crime involving sex;

            (c) conviction of a crime involving violence;

            (d) conviction of a crime involving drugs;

            (e) conviction of DUI within three years of the application date (applies only to the applicant, not the other adults in the household);

            (f) conviction of child endangerment;

            (g) conviction of a crime involving a weapon, including firearms or knives;

            (h) conviction of any crime that bears upon the applicant's fitness to have responsibility for the safety and well-being of children; and

            (i) "Pending charges" by a law enforcement agency for a crime that would otherwise be a disqualifying record, if convicted.

            (4) An application will also be denied for the following reasons:

            (a) applicant fails to provide all necessary documentation needed to determine eligibility within the 30-day time limit;

            (b) parent and provider reside at the same residence and the proposed caregiver is not an approved relative caregiver;

            (c ) applicant's statement of health form reveals the applicant or other adult in the household has an ongoing illness that bears upon the applicant's ability to have responsibility for the safety and well-being of children;

            (d) applicant discriminates in the provision of child care services on the basis of the race, sex, religion, creed, color, or national origin of the parent or the child; or

            (e) the background check process has exceeded 90 days.

            (5) The legally certified provider's conviction for driving under the influence of alcohol or drugs more than three years prior to the application date does not constitute grounds for denial. Convictions of driving under the influence for other adults within the household that occur within three years of the application will not be grounds for denial as long as the other adults do not transport children while in the care of the legally certified provider.

            (6) (5)  Legally certified providers must also meet the following requirements to be certified under this chapter:

            (a) remains the same.

            (b) within 60 calendar days of approval, attend a training or orientation session provided or approved by the department which that includes health and safety issues;

            (c) remains the same.

            (d) care for no more than two children at a time, unless the children are from the same family. If the children are from separate families, then a legally certified provider may care for no more than two children; and

            (e) must provide appropriate verification of the attestations and other requirements in this rule upon request from the department. The department may deny eligibility based upon inaccuracy or falsification of such attestations, and/or failure to fulfill the other requirements of this rule. Prior to and during certification, the department may also require disclosure to parents of information known to the department involving any acts of the provider bearing on the provider's ability to safely care for children.; and

            (f) Only only legally certified providers may transport children while in their care.

            (7) remains the same, but is renumbered (6).

 

AUTH:    52-2-704, MCA

IMP:      52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA

            37.80.316 REQUIREMENTS AND PROCEDURES FOR CHILD CARE PAYMENTS (1) Except as provided in (2) and (3), the provider will receive payment for child care services when the care is provided outside the child's home. When the care is provided by a great-grandparent, grandparent, step-grandparent or step-great-grandparent, aunt, or uncle who resides in the parent or child's home or the care is provided in the parent or child's home, payment may be made to the parent.

            (2) and (3) remain the same.

            (4) In the case of direct payment to the parents, the parents and/or the provider bear sole responsibility:

            (a) remains the same.

            (b) for resolving any and all disputes as to proper payment arising between the parent(s) and the provider.

            (5) The provider must submit a claim for covered child care services on the billing form provided by the department. Except as provided in (4)(a), a completed billing form with all information and documentation necessary to process the claim must be received by the resource and referral agency of the department within 60 calendar days after the last day of the calendar month in which the service was provided. Timely filing of claims in accordance with the requirements of this rule is a prerequisite for payment. In addition:

            (a) and (b) remain the same.

            (c) The claim must be verifiable through the provider's sign-in/sign-out records as required in ARM 37.80.301(5).

            (d) through (6) remain the same.

 

AUTH:     52-2-704, MCA

IMP:        52-2-704, 52-2-711, 52-2-713, MCA

 

            37.80.502 CHILD CARE UNDERPAYMENT, OVERPAYMENT, AND OVERCLAIM: CRIMINAL PROSECUTION (1) A child care provider or a parent who has reason to believe an overpayment or underpayment of child care assistance has occurred shall must notify the department within ten days.

            (2) The department is entitled to may recover the amount of any child care payment made to a child care provider or to a parent which is in excess of the amount to which the provider or parent was entitled, regardless of whether the overpayment was caused by the department, by the provider, or by the parent.

            (a) through (5) remain the same.

            (6) When a provider or a parent receives child care assistance in excess of the amount to which the provider or parent is entitled due to a willful action of the provider or parent, the department may pursue criminal charges against the provider or parent. Criminal prosecution may be pursued in addition to recovery of the overpayment as provided in (2) and (3) of this rule.

            (a) A willful action includes but is not limited to the making of a false or misleading statement, a misrepresentation, or the concealment or withholding of facts or information.

            (7) If a willful action is an overclaim, the following will occur:

            (a) The first willful overclaim will result in:

            (i) an assessment of 10% of the amount actually due being added to the amount of repayment due if an overpayment has already been made to the claimant;

            (ii) if an overclaim is discovered before payment is made, deduction of 10% of the amount due from the amount paid to the claimant; and

            (iii) if the provider is responsible, the loss of web invoicing privileges for six months and the imposition of the requirement that copies of sign in/sign out sheets must be submitted with invoices for the following three months.

            (b) The second willful overclaim will result in:

            (i) an assessment of 25% of the amount actually due being either added to the amount of repayment due to the department or deducted from the amount of payment due to the claimant, depending upon whether payment to the claimant has already been made; and

            (ii) if the provider is responsible for the overclaim, the loss of web invoicing privileges permanently and imposition of the requirements that the provider must submit copies of sign in/sign out sheets with invoices for the following six months.

            (c) The third willful overclaim will result in the household or provider responsible being ineligible to participate in the child care development fund child care assistance, grant, and quality child care programs for seven years.

            (8) Overpayments issued to program types whose business structure is sole proprietorship, partnership, or corporation and the business dissolves or otherwise becomes defunct and the department is unable to collect monies owed, the principals, shareholders, officers, or other individuals involved with the business at the time of dissolution are disqualified from receiving Child Care and Development Fund (CCDF) funds under any other business name or entity. Any shareholder, officer, partner, owner, or other individual involved in the management of a child care business that does not reimburse the department for overpayments made to the child care business is disqualified from receiving Child Care and Development Fund (CCDF) funds or being certified as a provider.

 

AUTH:     52-2-704, 53-4-212, MCA

IMP:     52-2-704, 52-2-713, MCA

 

            5. STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (the department) is proposing New Rules I through III and amendments to ARM 37.80.101, 37.80.102, 37.80.103, 37.80.201, 37.80.202, 37.80.203, 37.80.206, 37.80.301, 37.80.305, 37.80.306, 37.80.316, and 37.80.502, pertaining to child care assistance. The Best Beginnings Program is administered by the department to provide low-income parents and guardians with financial assistance to pay for day care.

 

New Rule I

 

In New Rule I the department is proposing to delete the term "willful" in ARM 37.80.502. By adopting New Rule I, it will more accurately state what actions by parents, guardians, and providers would be considered an intentional program violation by the department. The term "intentional program violation" is consistent with other public assistance programs administered by the department and it more accurately describes what conduct results in a penalty or sanction in the program. The department does not anticipate any adverse effect or any fiscal impact associated with New Rule I.

 

New Rule II

 

In New Rule II the department is proposing to change what actions it takes in response to program violations. The current language regarding "willful violations" and penalties in ARM 37.80.502 is difficult for program participants to understand and difficult for the department to enforce. The department is proposing to replace the current system with a system that allows one intentional program violation in most instances and allows the department to terminate participation on the second violation. This would result in more consistent and effective program integrity corrective actions and allow the department flexibility to respond quickly to serious infractions. 

 

The department does not anticipate any adverse effect or any fiscal impact associated with New Rule II.

 

New Rule III

 

The department is proposing New Rule III to make the information about certification plans easier to find. This information was previously stated in the definition rule of this chapter. The department does not anticipate any adverse effect or any fiscal impact associated with New Rule III.

 

ARM 37.80.101

 

This rule describes the purpose and general limitations for the Best Beginnings Program, which administers payment for child care services. The department is editing its child care services administrative rules to improve clarity. As part of those revisions, the department is removing language from this rule that is stated elsewhere in rule. The existing rule incorporates by reference the Montana Child Care Manual effective January 27, 2012. The department proposes to revise the policy manual effective March 1, 2014. Manuals and draft manual materials are available for review on the department's web site at www.bestbeginnings.mt.gov and all offices of public assistance. The department does not anticipate any adverse effect or any fiscal impact associated with the changes to ARM 37.80.101.

 

ARM 37.80.102

 

The department is proposing changes by deleting definitions that are not used in this chapter or are no longer necessary. The department does not anticipate any adverse effect or any fiscal impact associated with the proposed amendments to ARM 37.80.102.

 

ARM 37.80.103

 

The department is proposing to amend ARM 37.80.103. The proposed amendments are not a substantive change. The proposed amendments are intended to clarify the language in this rule. The department does not anticipate any adverse effect or any fiscal impact associated with the change to this rule.

 

ARM 37.80.201

 

The department is proposing to amend ARM 37.80.201 to clarify and simplify language describing school-age children. The department does not anticipate any adverse effect or any fiscal impact associated with the change to this rule.

 

ARM 37.80.202

 

The department is proposing to amend ARM 37.80.202 to include information regarding presumptive eligibility, which has been removed from ARM 37.80.101. Presumptive eligibility requirements are proposed to be stated in this rule to improve clarity. The changes to this rule are not substantive changes and the department does not anticipate any adverse effect or any fiscal impact.

 

ARM 37.80.203

 

The department is proposing to amend ARM 37.80.203 to clarify the requirement to repay an overpayment and to be consistent with New Rules I, II, and III. The department does not anticipate any adverse effect or any fiscal impact associated with this proposed amendment.

 

ARM 37.80.206

 

The department is proposing to clarify the guidelines regarding the use of Certified Enrollment days. This benefit is for the parents who are required by policy to notify their child care resource and referral agency within one day of a change in providers. Should the parent select a new provider, the Best Beginnings Child Care Scholarship can only pay the provider attached to the family and ensure there is no overlap in coverage. As of August 2013, there were approximately 1300 child care facilities in Montana. The department does anticipate adverse effects to providers associated with the proposed amendments to ARM 37.80.206.

 

ARM 37.80.301

 

The department is proposing to clarify language regarding the loss of eligibility because of noncompliance as well as removing cross references to rules that have been repealed. The department does not anticipate any adverse effect or any fiscal impact associated with the proposed amendments to ARM 37.80.206.

 

ARM 37.80.305

 

The department is proposing to delete redundant language and improve clarity with these amendments to ARM 37.80.305. The department does not anticipate any adverse effect or any fiscal impact associated with the proposed amendments.

 

ARM 37.80.306

 

The department is proposing revisions regarding what criminal activity precludes an individual from becoming or continuing as a legally certified provider. The new rule language is more closely aligned to Montana's criminal code. 

 

The department has considered what circumstances, including prior criminal conduct or charges of criminal conduct, may reasonably be related to an individual's ability to provide safe child care. If an individual's past conduct, or a household member's past conduct, indicates that he or she may be a risk to a child, the department will not allow the individual to participate in subsidized child care as a legally certified provider. 

 

The department is also proposing to add a new subsection (4)(c) that allows the denial of legally certified provider status to an individual based on an illness that may impair his or her ability to provide safe quality child care. This determination would be on a case-by-case basis. The determination that an individual is denied legally certified provider status based on illness would be an appealable adverse action. The individual would have the opportunity for a hearing on the matter. The department does anticipate an adverse effect associated with the proposed change to ARM 37.80.306.

 

ARM 37.80.316

 

The department is proposing to remove redundant language from ARM 37.80.316. The department does not anticipate any adverse effect or any fiscal impact associated with the proposed amendments to this rule.

 

ARM 37.80.502

 

The department is proposing to revise language regarding "willful" action on the part of parents or providers. This amendment is proposed because the term "willful" in the context of these rules is unclear and difficult to establish. This proposed change in terminology is consistent with the new language of New Rules I, II, and III concerning intentional program violations. The department does not anticipate any adverse effect or any fiscal impact associated with the proposed amendments to ARM 37.80.501.

 

Summary of the changes to the Child Care Policy Manual that are being incorporated by reference:

 

Section 1-3 Definitions

 

This manual section is being revised to align the age brackets with those used by the Licensing Bureau in the Quality Assurance Division for children in family and group child care facilities. Other changes are not substantive in nature while adding occasional wording for clarification purposes. The department does not anticipate any adverse effect or any fiscal impact associated with this change to policy. 

 

Section 1-4 Scholarship Rates

 

This manual section is being revised to reflect a new reimbursement rate for providers set at 102 percent of the 2009 Market Rate survey. This increase was directed by the Legislature during the 2013 legislative session. The projected expense for this action is $489,482 in SFY 2014 and $988,754 in SFY 2015. In addition, the department moved from the 2009 Federal Poverty Index (FPI) to the 2012 FPI for subsidy payments for families on the Best Beginnings Child Care Scholarship Program. The amount is similar to the amount allocated by the 2014 legislative session for this purpose. Committee action added $1,250,000 over the biennium to cover this increase. The department does not anticipate any adverse effect associated with the change to this policy.

 

Section 1-8 Provider Eligibility – Overview

 

This manual section is being revised to require child care facilities to comply with licensing and registration requirements pertaining to group size and staff-to-child ratios. Attendance records must include the name of the facility and include all children in attendance by day and not separated by family groups. These changes will ensure tracking of children when attendance is in questions as part of the complaint and investigation process. The department does not anticipate any adverse effect or any fiscal impact associated with this change to policy. 

 

Section 6-2 Serving the Family – Legally Certified Providers

 

This manual section is being revised to make clear what types of background checks are conducted and the frequency of those checks. The information outlining the types of deniable records has been revised to increase readability and understanding and to more clearly match the corresponding ARM section. Information about orientation offered online is added. The requirement that orientation be completed annually is removed if there is no break in certification. The department does not anticipate any adverse effect or any fiscal impact associated with this change to policy.

 

Section 6-7 Serving the Family – Invoice and Payment Process

 

This manual section is being revised to include language regarding the newly implemented online invoicing option for providers caring for children whose families are on the Scholarship Program. In addition, certified enrollment days accrue to families receiving the scholarship and therefore go with the parent when the family changes providers. Providers may use the allocated amount when families leave a facility without providing notice, except when the family has already chosen a new provider. Effective date of the new service determines which provider is eligible to receive reimbursement This may have an adverse effect on providers for whom no parental notice was given.

 

Section 6-8 Corrections & Overpayments

 

This manual section is being revised to remove language related to willful actions and include language related to intentional program violations and intentional program violation sanctions. The language related to intentional program violations and intentional program violation sanctions is intended to clarify the process for parents and providers related to corrections and overpayments. This may have an adverse effect on some parents and providers because prior policy allowed three violations; however, prior policy also issued penalties which were a percentage of the overpayment amount and those penalties no longer exist.

 

            6. The department intends to adopt these rule adoptions and amendments effective March 1, 2014.

 

            7. 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., February 13, 2014.

 

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

 

9. 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 7 above or may be made by completing a request form at any rules hearing held by the department.

 

10. 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.

 

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

 

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

 

 

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

Geralyn Driscoll                                           Richard H. Opper, Director

Rule Reviewer                                             Public Health and Human Services

           

Certified to the Secretary of State January 6, 2014.