BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.34.201 and the repeal of ARM 37.34.202, 37.34.207, 37.34.208, 37.34.211, 37.34.212, 37.34.217, 37.34.222, 37.34.225, and 37.34.226, pertaining to eligibility

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

            1. On September 25, 2013, at 11:00 a.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, 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 Department of Public Health and Human Services no later than 5:00 p.m. on September 18, 2013, 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 rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

            37.34.201 ELIGIBILITY: GENERAL ELIGIBILITY REQUIREMENTS

            (1) A person, in order to be considered for placement into a developmental disabilities services program funded through the Developmental Disabilities pProgram (DDP) of the department, must be determined by the department in accordance with the criteria and procedures of these this rules to be a person with a developmental disability as defined at 53-20-202(3), MCA.

            (2) A child and the child's family, in order to be considered for placement into family education and support services funded through the Developmental Disabilities program of the department, must be determined by the department in accordance with the criteria and procedures of these rules to be a person with a developmental disability as defined at 53-20-202(2), MCA or a person with a developmental delay or potentially subject to developmental delay. The Determining Eligibility for Services to Persons with Developmental Disabilities in Montana: A Staff Reference Manual, 5th Edition, 2011, sets forth the requirements for eligibility of the DDP's service programs.

            (3) A determination of eligibility, except for federally funded Part H family education and support services, does not entitle a person to placement into any developmental disabilities service. Eligibility for the DDP service programs, with the exception of federally funded Part C services, must be determined in accordance with the requirements of the Determining Eligibility for Services to Persons with Developmental Disabilities in Montana: A Staff Reference Manual, 5th Edition, 2011. A copy of the manual may be obtained from the Department of Public Health and Human Services, Developmental Services Division, Developmental Disabilities Program, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604 or at http://www.dphhs.mt.gov/dsd/ddp/ddeligmanual.pdf.

            (4) A person who is eligible to be considered for placement into developmental disabilities services may apply for services by following the placement determination procedures at ARM 37.34.301, et seq.

            (5) Appropriate documentation of eligibility will be maintained by the department or a responsible contractor according to procedures established by the department.

            (6) Application for determinations of eligibility and placement, except for family education and support services, are made through developmental disabilities case managers. Application for determinations of eligibility and placement for family education and support services are made through the family education and support services contractors. 

 

AUTH: 53-20-204, 53-6-402, MCA

IMP:     53-20-203, 53-20-209, 53-6-402, MCA

 

4. The department proposes to repeal the following rules:

 

37.34.202 ELIGIBILITY: EVALUATION is found on page 37-7248 of the Administrative Rules of Montana.

 

AUTH: 53-20-204, MCA

IMP:     53-20-203, 53-20-209, MCA

 

            37.34.207 ELIGIBILITY: FEDERALLY FUNDED PART H FAMILY EDUCATION AND SUPPORT SERVICES is found on page 37-7254 of the Administrative Rules of Montana.

 

AUTH: 53-20-204, MCA

IMP:     53-20-203, 53-20-209, MCA

 

            37.34.208 ELIGIBILITY: FEDERALLY FUNDED INTENSIVE FAMILY EDUCATION AND SUPPORT SERVICES is found on page 37-7255 of the Administrative Rules of Montana.

 

AUTH: 53-20-204, MCA

IMP:     53-20-203, 53-20-209, MCA

 

            37.34.211 ELIGIBILITY: CHILDREN'S COMMUNITY HOME SERVICES is found on page 37-7259 of the Administrative Rules of Montana.

 

AUTH: 53-20-204, MCA

IMP:     53-20-209, MCA

 

            37.34.212 ELIGIBILITY: CHILDREN'S SUMMER DAY SERVICES is found on page 37-7259 of the Administrative Rules of Montana.

 

AUTH: 53-20-204, MCA

IMP:     53-20-203, 53-20-209, MCA

 

            37.34.217 ELIGIBILITY: FEDERALLY FUNDED INTENSIVE ADULT SERVICES is found on page 37-7262 of the Administrative Rules of Montana.

 

AUTH: 53-20-204, MCA

IMP:     53-20-203, 53-20-209, MCA

 

            37.34.222 ELIGIBILITY: FEDERALLY FUNDED SENIOR SERVICES is found on page 37-7267 of the Administrative Rules of Montana. 

 

AUTH: 53-20-204, MCA

IMP:     53-20-203, 53-20-209, MCA

 

            37.34.225 DEVELOPMENTAL DISABILITIES COMMUNITY SERVICES ELIGIBILITY: TERMINATION OF ELIGIBILITY FOR A PROGRAM is found on page 37-7270 of the Administrative Rules of Montana.

 

AUTH: 53-20-204, MCA

IMP:     53-20-203, 53-20-205, 53-20-209, MCA

 

            37.34.226 ELIGIBILITY: APPEAL PROCEDURES is found on page 37-7273 of the Administrative Rules of Montana.

 

AUTH: 53-20-204, MCA

IMP:     53-20-203, 53-20-209, MCA

 

            5. STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (department) is proposing to amend ARM 37.34.201 and is proposing to repeal ARM 37.34.202, 37.34.207, 37.34.208, 37.34.211, 37.34.212, 37.34.217, 37.34.222, 37.34.225, and 37.34.226.

 

It is the department's intention that the information contained in the above-stated repealed rules will be updated and placed in program-specific rules. This provides for the placement of each program's specific eligibility requirements, along with the program's other regulations.

 

ARM 37.34.201

 

The department is proposing to amend this rule in order to remove outdated and program-specific information.

 

The department is also proposing to adopt and incorporate the Determining Eligibility for Services to Persons with Developmental Disabilities in Montana: A Staff Reference Manual, 5th Edition, 2011 (manual). The manual is authored by William Cook, Ph.D., who is a clinical psychologist in the state of Montana and an affiliate in the Psychology Department at the University of Montana. Dr. Cook has been licensed to practice psychology for over 30 years, and provides therapy, evaluations, and agency consultations, including staff training and program evaluation. The intent of this manual is to provide a training and reference guide which presents a clinical decision-making process for determining eligibility. The department has been applying the principles and requirements in this manual since 1997 to determine developmental disability eligibility.

 

The department is proposing to repeal the following rules as part of a rule update and reorganization project:

 

ARM 37.34.202, 37.34.208, 37.34.211, 37.34.212, 37.34.217, and 37.34.222

 

These rules no longer reflect current practice and therefore will be removed.

 

ARM 37.34.207

 

Eligibility for "Federally Funded Part H Family Education and Support Services" will be renamed "Eligibility for Federally Funded Part C Services" to reflect the conversion from Part H to Part C and relocated into a separate subchapter.

 

ARM 37.34.225

 

This rule will be moved from the eligibility subchapter into specific program rules. The department believes this will assist to clarify terminology used within the Developmental Disabilities Program's community by differentiating the terminology "eligible for," which means found to be developmentally disabled, and "placement into," which means a person who is eligible for services has been selected for placement into services.

 

ARM 37.34.226

 

The appeal procedures will remain in ARM Title 37, chapter 5 and a person in services will maintain their right for an appeal; however, in order to consolidate appeals-related provisions, this reference to ARM Title 37, chapter 5 will be removed.

 

            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 dphhslegal@mt.gov, and must be received no later than 5:00 p.m., October 3, 2013.

 

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 Chapter 318, Section 1, Laws of 2013, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Cary B. Lund                                           /s/ Richard H. Opper                                   

Cary B. Lund                                               Richard H. Opper, Director

Rule Reviewer                                             Public Health and Human Services

 

           

Certified to the Secretary of State August 26, 2013.