BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.86.2401 and 37.86.2501 pertaining to specialized nonemergency medical transportation

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On September 28, 2012, at 1:30 p.m., the Department of Public Health and Human Services will hold a public hearing in the auditorium of the Department of Public Health and Human Services Building, 111 North Sanders, at 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 Department of Public Health and Human Services no later than 5:00 p.m. on September 21, 2012, 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 dphhslegal@mt.gov.

 

3.  The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            37.86.2401  TRANSPORTATION AND PER DIEM, DEFINITIONS

            (1) and (2) remain the same.

            (3)  "Transportation service" means travel furnished by common carrier or private vehicle.

            (a) remains the same.

            (b)  A motor carrier operated by the Indian Health Service or by a federally recognized Indian Tribe which meets all applicable standards for a class B public service commission license need not obtain such a license to be enrolled as a Medicaid provider under (3).

 

AUTH:  53-6-113, MCA

IMP:     53-6-101, 53-6-141, MCA

 

            37.86.2501  SPECIALIZED NONEMERGENCY MEDICAL TRANSPORTATION, DEFINITIONS  (1)  Specialized nonemergency transportation means transportation service by a provider with a class B public service commission license allowing the provider to transport physically disabled individuals.

            (a)  A motor carrier operated by the Indian Health Service or by a federally recognized Indian Tribe which meets all applicable standards for a class B public service commission license need not obtain such a license to be enrolled as a Medicaid provider under (1).

            (2) and (3) remain the same.

 

AUTH:  53-6-113, MCA

IMP:     53-6-101, 53-6-141, MCA

 

            4.  STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (the department) is proposing amendments to ARM 37.86.2401 and 37.86.2501.

 

ARM 37.86.2401 and 37.86.2501

 

ARM 37.86.2401 and ARM 37.86.2501 address definitions and requirements for nonemergency medical transportation providers.  The rules require specialized nonemergency transportation providers and certain common carriers to obtain a class B license from the Montana Public Service Commission before the department may enroll such providers in the Montana Medicaid program.  Currently, these rules also require Tribal governments and related Indian Health Service (IHS) entities to obtain a class B license from the Montana Public Service Commission before the department may enroll these entities as Medicaid providers.  The rules create an unnecessary barrier to Medicaid provider enrollment for Tribal entities which otherwise meet all applicable standards for a class B license and are inconsistent with the federal requirements found at 25 U.S.C. Section 1647a (a) (2).  If this barrier is removed, access to nonemergency medical transportation will be improved for eligible Tribal people.  The intent of the rule amendments is to remove this barrier only for purposes of enrollment in the Montana Medicaid Program.  In amending the rules, the department does not intend to vitiate any other applicable law.  The department is required to operate the Montana Medicaid Program and to adopt Medicaid rules in conformance with federal law.  The department must also work with Tribes to foster a spirit of cooperation and to remove current institutional barriers that limit the participation of tribal members in the Medicaid Program.

 

Fiscal Impact

 

There is no state fiscal impact based on current knowledge.  This rule eliminates an unnecessary barrier that has prevented federally recognized Indian Tribes from obtaining 100% federal Medicaid funds for transportation.

 

            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: 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 dphhslegal@mt.gov, and must be received no later than 5:00 p.m., October 4, 2012.

 

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.  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.

 

9.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

 

 

/s/ Kurt R. Moser                                           /s/ Mary E. Dalton acting for                      

Rule Reviewer                                             Anna Whiting Sorrell, Director

                                                                      Public Health and Human Services

           

Certified to the Secretary of State August 27, 2012.