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| Montana Administrative Register Notice 37-695 | No. 20 10/23/2014 | |
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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On November 13, 2014, at 1:30 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 amendment of the above-stated rule.
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 the Department of Public Health and Human Services no later than 5:00 p.m. on November 6, 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 rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
37.81.304 AMOUNT OF THE BIG SKY RX BENEFIT (1) An applicant eligible for the Big Sky Rx PDP premium assistance may receive a benefit not to exceed (a) If a portion of the applicant's PDP premium is paid through the Extra Help Program, the Big Sky Rx Program will pay the applicant's portion of the PDP premium up to (b) remains the same. (c) All expenditures are contingent on legislative appropriation. The amount of the monthly benefit,
AUTH: 53-2-201, 53-6-1004, MCA IMP: 53-2-201, 53-6-1001, 53-6-1004, 53-6-1005, MCA
4. STATEMENT OF REASONABLE NECESSITY
The department is proposing to amend ARM 37.81.304, pertaining to the Big Sky Rx monthly benefit payment, to match the federal Low Income Subsidy (LIS) premium assistance for Medicare Part D for this region of the United States, as set forth in a letter to the department from the Centers for Medicare and Medicaid Services (CMS) dated August 6, 2014. Specifically, the proposed amendments would change the monthly maximum premium assistance from $32.20 to $30.00. The proposed amendments are necessary to ensure the monthly benefit does not exceed the LIS set for this region. Since the inception of the Big Sky Rx program, the benefit has mirrored the LIS premium assistance to ensure a reasonable and prudent monthly benefit for enrolled members. These amendments are being proposed only after extensive consideration of their impact on recipients and are consistent with the department's attempts to clearly communicate program rules and guidelines to the public.
Fiscal Impact
The number of people affected by the decrease of maximum premium from $32.20 to $30.00 is 5,680. The decrease results in an estimated decrease in general fund spending of approximately $146,598.00.
5. The department intends to adopt these rule amendments effective January 1, 2015.
6. 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., November 20, 2014.
7. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.
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 6 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 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.
10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.
/s/ Geralyn Driscoll /s/ Mary E. Dalton acting for Geralyn Driscoll Richard H. Opper, Director Rule Reviewer Public Health and Human Services
Certified to the Secretary of State October 14, 2014.
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For questions about the organization of the ARM or this web site, contact [email protected].
