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| Montana Administrative Register Notice 37-831 | No. 8 04/27/2018 | |
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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On May 18, 2018, at 2:00 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, 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 May 8, 2018 to advise us of the nature of the accommodation that you need. Please contact Gwen Knight, 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:
37.59.102 DEFINITIONS Unless otherwise indicated, the following definitions apply throughout this chapter: (1) "Administrative and program services costs" means those direct and indirect costs, exclusive of food costs, as defined in 7 CFR 246.14(c), which the department determines to be necessary to support local agency program operations. Administrative and program services costs include: the costs of program administration, start-up, monitoring, auditing, the development of and accountability for food delivery systems, nutrition and breastfeeding education, outreach, certification, information technology, and developing, producing, or procuring materials for (2) through (18) remain the same. (19) "Food benefit" means (20) through (22) remain the same. (23) "Initial (24) through (48) remain the same. (49) "State plan" means the " (50) and (51) remain the same.
AUTH: 50-1-202, MCA IMP: 50-1-202, MCA
37.59.105 INCORPORATIONS BY REFERENCE (1) and (2) remain the same. (3) The department adopts and incorporates by reference the following: (a) the poverty income guidelines as published under the "Annual Update on the HHS Poverty Guidelines" (b) section 17 of the Child Nutrition Act of 1966, 42 U.S.C. 1771, et seq., as amended and reauthorized in 2010; and (c) the " (4) remains the same.
AUTH: 50-1-202, MCA IMP: 50-1-202, MCA
37.59.109 PROGRAM ADMINISTRATION AND GUIDANCE (1) As the state agency to which the United States Department of Agriculture (USDA) has delegated the administration of the WIC Program, the department is responsible for the effective and efficient administration of the program in accordance with the USDA program regulations set forth in 7 CFR Part 246, USDA's regulations governing the WIC Program; 7 CFR Part 15, subparts A and C, USDA's regulations governing nondiscrimination; and (2) remains the same. (3) The department adopts and incorporates by reference the following: (a) 7 CFR Part 246, which are USDA regulations governing the WIC Program, edition date January 1, (b) 7 CFR Part 15, subparts A and C, which are USDA regulations governing nondiscrimination, edition date January 1, (c) (d) the " (e) remains the same.
AUTH: 50-1-202, MCA IMP: 50-1-202, MCA
37.59.302 AGREEMENTS WITH RETAILERS AND FARMERS (1) The department adopts and incorporates by reference 7 CFR 246.12(h) and
AUTH: 50-1-202, MCA IMP: 50-1-202, MCA
37.59.303 PERIODIC REVIEW AND DISQUALIFICATION OF RETAILERS AND FARMERS (1) through (3) remain the same. (4) The department adopts and incorporates by reference the following: (a) the " (b) remains the same.
AUTH: 50-1-202, MCA IMP: 50-1-202, MCA
4. STATEMENT OF REASONABLE NECESSITY
The Department of Public Health and Human Services (department) is proposing to amend ARM 37.59.102, 37.59.105, 37.59.109, 37.59.302, and 37.59.303 pertaining to the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). WIC is located in the Family and Community Health Bureau of the Montana Department of Public Health and Human Services. The program is sponsored by the Food and Nutrition Services of the United States Department of Agriculture (USDA).
The purpose of the proposed rule amendments is to update the administrative rules with current references and minor changes due to current operations and practices.
ARM 37.59.102
The proposed amendments to ARM 37.59.102(1) and (19) update language related to changes from issuing benefits on checks to electronic benefit issuance method. The proposed amendment to ARM 37.59.102(23) updates language terminology. The department proposes amendments to ARM 37.59.102(49) to update the year of reference State Plan to 2018.
ARM 37.59.105
The department is proposing amendments to ARM 37.59.105(3)(a) to update the Federal Register reference citation to the most current year.
ARM 37.59.109
The department is proposing amendments to ARM 37.59.109(1) to update the CFR reference for governing the administration of grants. The department is proposing amendments to ARM 37.59.109(3)(b) to update the edition date and the website location for 7 CFR Part 246. The department also proposes amending ARM 37.59.109(3)(b) to update the edition date for 7 CFR Part 15, subparts A and C. The proposed amendments to ARM 37.59.109(3)(c) update the CFR reference, date, and website location.
ARM 37.59.302
The department is proposing amendments to ARM 37.59.302(1) to update the citation for 7 CFR 246.12 to include an additional reference.
ARM 37.59.303
The department is proposing amendments to ARM 37.59.303(4)(a) to update the year of reference State Plan to 2018.
Fiscal Impact
There is no fiscal impact with these proposed rule amendments.
5. 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: Gwen Knight, 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., May 26, 2018.
6. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.
7. 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 5 above or may be made by completing a request form at any rules hearing held by the department.
8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
9. 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.
10. 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/ Shannon L. McDonald /s/ Sheila Hogan Shannon L. McDonald Sheila Hogan, Director Rule Reviewer Public Health and Human Services
Certified to the Secretary of State April 17, 2018.
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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].
