BEFORE THE Department of PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.50.315 pertaining to the addition of a new supervision level within the foster care classification model system

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On August 7, 2014, the Department of Public Health and Human Services published MAR Notice No. 37-685 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 1772 of the 2014 Montana Administrative Register, Issue Number 15.

 

2. The department has amended the above-stated rule as proposed.

 

3. 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: Several commenters thanked the department for extending the age of the parenting youth, able to be served in maternity homes, to age 21. The commenters believe the scope of fiscal savings will far exceed the department's projections and they are hopeful that in future rule changes the department will look at further extending the age past 20.

 

RESPONSE #1: The department thanks the commenters for their comments and support.

 

COMMENT #2: The Department of Public Health and Human Services (DPHHS), Quality Assurance Division (QAD) applauds the efforts being made by the proposed changes to ARM 37.50.315 with respect to the Foster Care Classification Model.  The proposed change adds an additional level to the classification model allowing the department to contract with and provide payment for Transitional Living Programs. However, QAD would like to point out that these changes, while good in intent, do not allow for the licensure of such programs.

 

The licensure of Child Care Agency (CCA) - Maternity Homes falls under Title 37 chapter 97 and currently does not allow for youth to be served past the age of 18 unless they are participating in the Montana Medicaid program. Child care agencies of and by themselves are not considered Montana Medicaid programs.  In order to accomplish what Child and Family Services Division (CFSD) is attempting to accomplish in this rulemaking, changes will need to be made to the licensure rules and would include allowing a transitional living program to operate within a CCA and serve youth ages 18 to 21.

 

QAD is prepared to make those rule changes in order to support CFSD and the efforts intended by this proposed rule.

 

RESPONSE #2: The CFSD agrees with the comment and thanks the QAD for taking the necessary steps to allow for transitional living program licensure in accordance with the changes to the Foster Care Classification Model.

 

 

 

/s/ Susan Callaghan                                               /s/ Richard H. Opper                                   

Susan Callaghan, Attorney                                     Richard H. Opper, Director

Rule Reviewer                                                       Public Health and Human Services

 

Certified to the Secretary of State January 5, 2015.