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| Montana Administrative Register Notice 37-589 | No. 12 06/21/2012 | |
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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On July 11, 2012, at 10:00 a.m., the Department of Public Health and Human Services will hold a public hearing in Room 207 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 Department of Public Health and Human Services no later than 5:00 p.m. on July 3, 2012, 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: 37.86.3607 CASE MANAGEMENT SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES, REIMBURSEMENT (1) Reimbursement for the delivery by provider entities of Medicaid funded targeted case management services to persons with developmental disabilities is provided as specified in Section One, Rates of Reimbursement for the Provision of Developmental Disabilities Case Management Services for Persons with Developmental Disabilities 16 Years of Age or Older and for Children with Developmental Disabilities Residing in a Children's Community Home, effective (2) The department adopts and incorporates by this reference Section One, Rates of Reimbursement for the Provision of Developmental Disabilities Case Management Services for Persons with Developmental Disabilities 16 Years of Age or Older and for Children with Developmental Disabilities Residing in a Children's Community Home, in effect AUTH: 56-6-113, MCA IMP: 53-6-101, MCA 4. STATEMENT OF REASONABLE NECESSITY The Department of Public Health and Human Services (the department) is proposing to amendment ARM 37.86.3607, regarding case management services for persons with developmental disabilities reimbursement. ARM 37.86.3607 adopts and incorporates Section One of the Developmental Disabilities Program Manual of Service Reimbursement Rates and Procedures. The department proposes to amend this manual and update the effective date to August 1, 2012. Paragraphs IV, V, VI, and VII of Section One of the Developmental Disabilities Program Manual of Service Reimbursement Rates and Procedures display how the targeted case management (TCM) rate is calculated, how many TCM full-time employees (FTE) each case management contractor is expected to employ using the rate methodology, and set a cap on the maximum amount each contractor can be paid for providing TCM services. As such, when a provider requires additional FTE, the manual and the rule must be updated, which hinders a provider who needs an immediate increase of FTE. The department has determined that the manual is not the appropriate venue to list provider specific FTE, and believes the manual should contain only the procedures required to calculate the specific rates. Therefore, the department removed the provider specific information and located it in the appendix of the provider contract. Additional amendments to the proposed manual add and/or update language to provide clarity and improve readability. Specific changes to the manual may be viewed at the following web site: http://www.dphhs.mt.gov/dsd/TCMRateManualSectionOne.pdf 5. The department intends to apply these rules retroactively to August 1, 2012, as the department is aware of a current need of a provider to increase their FTE in order to manage their caseload. A retroactive application of the proposed rules does not result in a negative impact to any affected party. 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., July 19, 2012. 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. /s/ Cary B. Lund /s/ Mary E. Dalton acting for Rule Reviewer Anna Whiting Sorrell, Director Public Health and Human Services Certified to the Secretary of State June 11, 2012.
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For questions about the organization of the ARM or this web site, contact [email protected].
