| HOME | SEARCH | ABOUT US | CONTACT US | HELP | ||
 |
 |
|
|
| Montana Administrative Register Notice 37-804 | No. 14 07/21/2017 | |
|
||
| Prev | Next | ||
|
BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On August 10, 2017, at 1:30 p.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 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 August 2, 2017, 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 rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
37.71.107 REFERRALS TO THE (2)
37.71.110 (a) a knowingly false statement, representation, or impersonation; or (b) a fraudulent scheme or device. (2) If
37.71.601 ELIGIBILITY FOR WEATHERIZATION SERVICE: PRIORITIES (1) through (9) remain the same. (10) When a dwelling is prioritized high enough to be scheduled for weatherization work, the delivery of services will be deferred until a later date if providing the services would pose a threat to the health or safety of either the weatherization installers or any other person. In such cases the delivery of services will be postponed until the conditions that pose a threat to health or safety have been resolved. The department adopts and incorporates by reference the department's Weatherization Assistance Program (WAP)
IMP: 53-2-201, 90-4-201, 90-4-202, MCA
37.71.602 DETERMINING LOW INCOME WEATHERIZATION ASSISTANCE (1) remains the same. (2) Dwellings chosen to be weatherized must receive those measures determined to be cost effective as defined in 10 CFR, part 440, as amended through (3) remains the same. (4) The department adopts and incorporates by reference the department's Weatherization Assistance Program (WAP) Policy
IMP: 53-2-201, 90-4-201, 90-4-202, MCA
4. STATEMENT OF REASONABLE NECESSITY
The Department of Public Health and Human Services (department) is proposing the amendment of ARM 37.71.107, 37.71.110, 37.71.601, and 37.71.602 pertaining to the Low Income Weatherization Assistance Program (LIWAP). LIWAP is a program to help low income households reduce home heating costs and address heating related health and safety issues.
The department's bureau formerly called the Audit and Compliance Bureau has been renamed the Program Compliance Bureau (PCB), so it is necessary to replace the name Audit and Compliance Bureau with its new name in ARM 37.71.107 and 37.71.110.
ARM 37.71.107(1) currently authorizes the Department of Justice to conduct investigations of LIWAP cases and institute civil and criminal actions. The department proposes to amend (1) to provide that the department's PCB will conduct investigations instead of the Department of Justice. This change is being made because the PCB investigates wrongful receipt of benefits in the Low Income Energy Assistance Program (LIEAP), which is closely related to LIWAP. As part of the department, the PCB is also more knowledgeable about LIWAP rules than the Department of Justice. The authorization to institute civil and criminal actions must be deleted because the PCB cannot institute criminal actions, and it is not within the scope of its duties to bring civil actions in LIWAP cases.
In addition, (1) of ARM 37.71.107 is being amended to specify that the purpose of PCB's investigation is to determine whether a person or household has committed a program violation as defined in ARM 37.71.110. Currently ARM 37.71.107 refers to fraud referrals and investigations. Fraud is an ambiguous term susceptible to various meanings. By substituting a different term that is defined in ARM 37.71.110 the rule will express more clearly the purpose of PCB's investigations.
ARM 37.71.107(2) currently provides that the Audit and Compliance Bureau will be the liaison between the department and the Department of Justice. This provision must be removed because the Department of Justice will no longer be doing investigations for the department. The term "fraud" is being replaced in (2) by "program violation" for the reasons discussed above. Section (2) is also being amended to provide that referrals should be made to the department's Intergovernmental Human Services Bureau (IHSB). Having IHSB review reports of possible program violations before cases are referred to PCB will prevent PCB from using its resources to investigate cases that have no merit, because IHSB as the entity that administers LIWAP will be able to determine more readily whether a program violation may have occurred.
ARM 37.71.110(1) currently includes an abbreviated version of the term "theft" as defined in 45-6-301, MCA, but does not use the term "theft" anywhere in the rule. Section (2) discusses fraud referrals, not referrals regarding theft. For clarity the department proposes to eliminate the terms "theft" and "fraud" and replace them with the term "program violation." The definition of "program violation" that will be provided in (1) is substantially the same as the definition of "theft" in the current rule.
ARM 37.71.110(2) currently provides that a local contractor must report suspected wrongdoing by an individual to the Audit and Compliance Bureau. In addition to changing "Audit and Compliance Bureau" to "Program Compliance Bureau" as discussed above, "person" is being substituted for "individual." In the past, a number of terms including "recipient," "individual," and "person" have been used in the LIWAP rules to refer to LIWAP participants. The department is substituting "person" for "individual" in ARM 37.71.110(2) as part of its effort to create consistency by substituting "person" for "individual" and "recipient" throughout the LIWAP rules. Consistency is necessary because the use of different words to mean the same thing can be confusing.
ARM 37.71.601
ARM 37.71.601(10) provides that the delivery of weatherization services will be deferred until a later date if a dwelling has a sufficiently high priority to be scheduled for weatherization work but providing the services would pose a threat to the health or safety of either the weatherization installers or any other person. Section (10) currently adopts and incorporates by reference the provisions of the department's Weatherization Assistance Program (WAP) Manual effective July 1, 2016 that specify the circumstances justifying deferral of weatherization services based on health or safety issues. The department proposes to amend the rule to adopt and incorporate by reference the department's WAP Manual that will take effect on July 1, 2017, which specifies the circumstances that justify deferral of weatherization services. The provisions on deferral in the July 1, 2017 edition of the WAP Manual are the same as the provisions in the 2016 edition, but the 2016 edition will not be available online after July 1, 2017. If the department did not amend the rule to incorporate the 2017 edition of the Manual instead of the 2016 edition, interested persons would not be able to find the Manual cited in the rule online.
ARM 37.71.601
The department also proposes amending ARM 37.71.601(10) by changing the name of the WAP Manual to the WAP Policy Manual. This is necessary for consistency because the Manual is referred to as the WAP Policy Manual on the department's web site and in the WAP State Plan.
ARM 37.71.602
ARM 37.71.602(2) currently provides that dwellings being weatherized must receive measures determined to be cost effective as defined in 10 CFR, part 440, as amended through July 1, 2016, which is adopted and incorporated by reference. Although 10 CFR, part 440, has not been amended since July 1, 2016, the department proposes to amend the rule to adopt and incorporate by reference 10 CFR, part 440, as amended through July 1, 2017, because it may be easier to find the most recent edition of 10 CFR, part 440, than a previous edition.
ARM 37.71.602(4) currently incorporates the WAP Policy and Procedure Manual effective July 1, 2016. The department proposes to amend the rule to incorporate the WAP Manual effective July 1, 2017 because the 2016 version of the WAP Manual will not be available online after July 1, 2017. If the department did not amend the rule to incorporate the 2017 edition of the Manual instead of the 2016 edition, interested persons would not be able to find the Manual cited in the rule online. Additionally, the department is amending the rule by changing the name of the WAP Policy and Procedures Manual to the WAP Policy Manual. This is necessary for consistency because the Manual is referred to as the WAP Policy Manual on the department's web site and in the WAP State Plan.
ARM 37.71.602(4) also incorporates the Montana Standard Work Specifications effective July 1, 2016. The department proposes to amend the rule to incorporate the National Renewable Energy Laboratory (NREL) Standard Work Specifications effective July 1, 2017 rather than the Montana Standard Work Specifications. This change will not result in any change in the work specifications applicable to WAP. The NREL Standard Work Specifications are being incorporated in the rule because they are easier to access online than the Montana Standard Work Specifications.
Fiscal Impact
Low Income Energy Assistance Program, Department of Energy, Bonneville Power Associates are 100% federally funded. Montana Dakota Utilities, NorthWestern Energy, are 100% utility funds. U.S. Department of Energy funding in 2017 is based on the 2016 allocation levels and will be updated once the federal fiscal year (FFY17) budget is passed and the updated allocations have been issued to the State of Montana. The department estimates that Montana will receive the same amount in utility funds, compared to last heating season. It is estimated that 20,000 households will qualify for weatherization benefits this year which is comparable to last year.
5. The department intends to apply ARM 37.71.601 and 37.71.602 retroactively to July 1, 2017. A retroactive application of the proposed rules does not result in a negative impact to any affected party. Rule amendments to ARM 37.71.107 and 37.71.110 are effective the day after publication of the final notice of adoption.
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., August 18, 2017.
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. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.
11. Section 53-6-196, MCA, requires that the department, when adopting by rule proposed changes in the delivery of services funded with Medicaid monies, make a determination of whether the principal reasons and rationale for the rule can be assessed by performance-based measures and, if the requirement is applicable, the method of such measurement. The statute provides that the requirement is not applicable if the rule is for the implementation of rate increases or of federal law.
The department has determined that the proposed program changes presented in this notice are not appropriate for performance-based measurement and therefore are not subject to the performance-based measures requirement of 53-6-196, MCA.
/s/ Barbara Banchero /s/ Marie Matthews for Barbara Banchero Sheila Hogan, Director Rule Reviewer Public Health and Human Services
Certified to the Secretary of State July 10, 2017.
|
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].
