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| Montana Administrative Register Notice 37-713 | No. 12 06/25/2015 | |
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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 15, 2015, 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 and repeal 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 the Department of Public Health and Human Services no later than 5:00 p.m. on July 8, 2015, 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:
37.87.2203 NON-MEDICAID SERVICES PROGRAM (1) The Children's Mental Health Bureau (CMHB) administers the Non-Medicaid Services Program for youth with serious emotional disturbance to provide the following short-term funding: (a) remains the same. (b) Room and Board Account; (c) System of Care Account (d) Non-Medicaid Respite Care Service. (2) remains the same. (3) The department adopts and incorporates by reference the CMHB's Non-Medicaid Services Program Provider Manual, dated (4) The CMHB Non-Medicaid Services Program for youth with serious emotional disturbance must be delivered in accordance with the requirements and limitations of the
AUTH: 53-2-201, 53-6-113, 53-21-703, MCA IMP: 53-1-601, 53-1-602, 53-1-603, 53-2-201, 53-21-201, 53-21-202, 53-21-701, 53-21-702, MCA
4. The department proposes to repeal the following rules:
37.87.2202 MENTAL HEALTH SERVICES FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE (SED) NON-MEDICAID RESPITE CARE SERVICES, DEFINITION is found on page 37-21491 of the Administrative Rules of Montana.
AUTH: 53-2-201, 53-6-101, 53-6-113, MCA IMP: 53-2-201, 53-6-101, 53-6-111, MCA
37.87.2205 MENTAL HEALTH SERVICES FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE (SED) NON-MEDICAID RESPITE CARE SERVICES, LIMITATIONS is found on page 37-21493 of the Administrative Rules of Montana.
AUTH: 53-2-201, 53-6-101, 53-6-113, MCA IMP: 53-2-201, 53-6-101, 53-6-111, MCA
37.87.2225 MENTAL HEALTH SERVICES FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE (SED) NON-MEDICAID RESPITE CARE SERVICES, PROVIDER PARTICIPATION is found on page 37-21497 of the Administrative Rules of Montana.
AUTH: 53-2-201, 53-6-101, 53-6-113, MCA IMP: 53-2-201, 53-6-101, 53-6-111, MCA
37.87.2233 MENTAL HEALTH SERVICES FOR YOUTH WITH SERIOUS EMOTIONAL DISTURBANCE (SED) RESPITE CARE SERVICES, PROVIDER REIMBURSEMENT is found on page 37-21501 of the Administrative Rules of Montana.
AUTH: 53-2-201, 53-6-101, 53-6-113, MCA IMP: 53-2-201, 53-6-101, 53-6-111, MCA
5. STATEMENT OF REASONABLE NECESSITY
The department proposes to amend ARM 37.87.2203 to reflect proposed revisions to the Children's Mental Health Bureau's (CMHB) Non-Medicaid Services Provider Manual (the Manual), which was adopted and incorporated by reference into ARM 37.87.2203, effective November 15, 2013, under MAR No. 37-649. The department also proposes to repeal ARM 37.87.2202, 37.87.2205, 37.87.2225 and 37.87.2233, due to the proposed Manual changes, which will eliminate the need for specific Respite Care Service rules.
ARM 37.87.2203
The proposed Manual revisions, effective September 1, 2015, are described as follows:
(a) The Manual has had general comprehensive revisions of typesetting, layout, formatting, and nonsubstantive grammar changes, which are intended to improve navigation and reading of the Manual;
(b) Non-Medicaid Respite Care Services for youth with serious emotional disturbance, which are currently provided in ARM 37.87.2202, 37.87.2205, 37.87.2225, and 37.87.2233 have been incorporated into the Manual;
(c) Room and Board Account and Systems of Care Account sections have been amended with additional specification as to how and when those accounts' funds may be used for youth in state or tribal custody;
(d) Additional language has been added to the Supplemental Services Program, Room and Board Account, and System of Care Account sections to specify income eligibility determinations for these services, including family income guidelines, joint income calculations, Social Security income, and Social Security Disability Income; and
(e) Additional language has been incorporated to define further the permissible use for Non-Medicaid funding sources.
These revisions to the Manual are necessary because all other Non-Medicaid Services Program services, which are described in (1) of this rule, were previously adopted into the Manual. By adding Non-Medicaid Respite Care Services to the Manual, the department completes its consolidation, into a single source, of its authority, procedures, and references for all Children's Mental Health Bureau's Non-Medicaid Services Programs.
The department proposes to amend this rule further by amending the effective date of the revised Manual in (3) and the language adopting the Manual by reference, to be consistent with ARM 1.2.210, regarding how agencies reference adopted and incorporated legal sources, other laws, or documents into administrative rule.
Finally, the department proposes amending (4) for the effective date and abbreviated reference of the revised Manual and the department's web site address where an electronic copy of the Manual can be located.
An electronic copy of the proposed revised Manual can be accessed through the department's revised internet link described in (4), or a paper copy of the proposed revised Manual may be requested from CMHB at the mailing address also described in (4).
ARM 37.87.2202, 37.87.2205, 37.87.2225, and 37.87.2233
As a result of the above-described proposed actions, the department considers it necessary to propose the repeal of ARM 37.87.2202, 37.87.2205, 37.87.2225 and 37.87.2233, as the regulations and procedures for Non-Medicaid Respite Care Services for youth with serious emotional disturbance will be located within the Manual, which removes the need for specific Respite Care Service rules.
The department makes the proposed Manual revisions, rule amendments, and rule repeals only after having given careful consideration to (a) its current internal policies and the Manual in relationship to the affected administrative rules; (b) feedback received from providers and program participants regarding the need for greater clarity in the Manual; and (c) the department's required periodic review of its administrative rules and policy manuals. The department did explore alternatives to the above-described actions, but as the intended actions clarify and improve operational procedures in the operation of its Non-Medicaid Services Program, the department contends the proposed Manual and rule amendments and rule repeals are the most efficient means of meeting its program goals.
FISCAL IMPACT
There is no anticipated fiscal impact resulting from the proposed rulemaking and Manual revisions.
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 23, 2015.
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 and repeal of the above-referenced rules will not significantly and directly impact small businesses.
12. With regard to the requirements of Chapter 453, Laws of Montana (2015), the department has determined that the amendment and repeal of the above-referenced rules do not apply.
/s/ Cary Lund /s/ Richard H. Opper Cary Lund, Attorney Richard H. Opper, Director Rule Reviewer Public Health and Human Services
Certified to the Secretary of State June 15, 2015.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
