BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.36.604 pertaining to updating the federal poverty index for the Montana telecommunications access program

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AMENDED NOTICE OF PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

1.  On November 23, 2012 the Department of Public Health and Human Services published MAR Notice No. 37-616 pertaining to the proposed amendment of the above-stated rule at page 2327 of the 2012 Montana Administrative Register, Issue Number 22.

 

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 March 7, 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].

 

3.  The U. S. Department of Health and Human Services (HHS) updates the poverty guidelines each year to take into account changes in the cost of living.  The notice of proposed amendment filed in November 2012 proposed to amend ARM 37.36.604 to provide that the 2012 rather than the 2009 federal poverty guidelines would be used to determine whether a family is eligible for MTAP based on income.  However, after the notice of proposed amendment was filed, HHS published the federal poverty guidelines for 2013.  The department now proposes to provide that the 2013 guidelines will be used because the 2013 guidelines are higher than the 2012 guidelines, reflecting increases in the cost of living since the 2012 guidelines were published.  Using the 2013 poverty levels will result in higher income limits for the Montana Telecommunications Access Program (MTAP).  If the lower 2012 poverty guidelines were used, some households might be ineligible for benefits due to inflationary increases in the household's income that did not reflect an increase in actual buying power.

 

4.  The rule as proposed is being amended as follows, new matter underlined, deleted matter interlined:

 

            37.36.604  FINANCIAL ELIGIBILITY CRITERIA  (1)  Individuals whose annual family income during the 12 months immediately preceding the month of application is less than 250% of the 2012 2013 poverty guidelines published by the U.S. Department of Health and Human Services (HHS) are eligible for a loan of specialized telecommunications equipment based on income.  250% of the HHS 2012 2013 annual poverty guidelines for families of various sizes are shown in (2).

            (2)  250% of the annual poverty guidelines is as follows: 

 

FAMILY SIZE	250% OF ANNUAL POVERTY GUIDELINE
One	$27,925 $28,725
Two	37,825 $38,775
Three	47,725 $48,825
Four	57,625 $58,875
Five	67,525 $68,925
Six	77,425 $78,975
Seven	87,325 $89,025
Eight	97,225 $99,075
Each Additional Person, Add	9,900 $10,050

 

            (3)  There is no asset test to be eligible for a loan of specialized telecommunications equipment.

 

AUTH:    53-19-305, 53-19-307, MCA

IMP:       53-19-305, 53-19-307, MCA

 

5.  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 March 14, 2013.  Comments may also be faxed to (406) 444-9744 or e-mailed to [email protected].

 

6.  The notice of proposed amendment filed in November 2012 stated that the department intended to apply the rule amendment retroactively to July 1, 2012.  However, the 2013 federal poverty guidelines were not published until February 2013 so the department does not intend to apply them retroactively to July 1, 2012.  Instead the department proposes that the amendment of ARM 37.36.604 will take effect retroactively on March 1, 2013.

 

 

/s/ Barbara B. Hoffmann                             /s/ Richard H. Opper                                   

Barbara B. Hoffmann                                  Richard H. Opper, Director

Rule Reviewer                                             Public Health and Human Services

 

Certified to the Secretary of State February 19, 2013.