BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.30.111, 37.30.1001, and 37.30.1002 pertaining to order of selection revision and catchphrase change in the vocational rehabilitation program

) ) ) ) )

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On October 9, 2013, at 10:00 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 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 October 2, 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 rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            37.30.111 VOCATIONAL REHABILITATION PROGRAM: ORDER OF SELECTION (1) remains the same.

            (2) The categories and ranking for priority of service among applicants and persons otherwise eligible for services are as follows:

            (a) priority one is eligible persons with most significant disabilities experiencing serious limitations in four three or more functional capacities;

            (b) priority two is eligible persons with most significant disabilities experiencing serious limitations in at least three two functional capacities who are not in priority one; and

            (c) priority three is eligible persons with significant disabilities experiencing serious limitations in at least two functional capacities who are not in priority one or two; and

            (d) (c)  priority four three is all other eligible persons with disabilities who are not in priorities one, two, or three or two.

            (3) remains the same.

            (4) Implementation of an order of selection does not affect the status for receipt of services for a person who has been previously determined to be eligible for vocational services and who is receiving vocational rehabilitation services through an IPE prior to the date on which an order of selection is implemented.

 

AUTH: 53-7-102, 53-7-315, MCA

IMP:     53-7-102, 53-7-103, 53-7-105, 53-7-302, 53-7-303, MCA

 

            37.30.1001 STANDARDS FOR PROVIDERS OF SERVICES FUNDED THROUGH CERTAIN DISABILITY, EMPLOYMENT, AND TRANSITIONS DIVISION PROGRAMS: GENERALLY (1) through (5) remain the same.

 

AUTH: 53-2-201, 53-7-102, 53-7-203, 53-7-206, 53-7-302, 53-7-315, MCA

IMP:     53-2-201, 53-7-102, 53-7-103, 53-7-203, 53-7-302, 53-7-303, MCA

 

            37.30.1002 STANDARDS FOR PROVIDERS OF SERVICES FUNDED THROUGH CERTAIN DISABILITY, EMPLOYMENT, AND TRANSITIONS DIVISION PROGRAMS: ENROLLMENT AS A PROVIDER OF PROGRAM SERVICES 

            (1) through (11) remain the same.

 

AUTH: 53-2-201, 53-7-102, 53-7-203, 53-7-206, 53-7-302, 53-7-315, MCA

IMP:     53-2-201, 53-7-102, 53-7-103, 53-7-203, 53-7-302, 53-7-303, MCA

 

            4. STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (the department) is proposing to amend ARM 37.30.111, 37.30.1001, and 37.30.1002.

 

ARM 37.30.111

 

The department is proposing to amend this rule to reflect the revision of the "order of selection" priority categories.

 

These amendments set forth the criteria that will allow the department to limit eligibility for vocational rehabilitation services based upon designation by characteristics of specific populations of persons as having priority in being screened for eligibility and in receipt of services. The proposed amendments simplify the process by reducing the priority category classifications from four category classifications to three category classifications.

 

The department is proposing to amend (4) that sets forth the criteria determining those eligible individuals who will receive services should an "order of selection" be implemented. The current rule allows the department to serve those individuals who have an Individualized Plan of Employment at the time "order of selection" is called. 

This rule amendment will allow the department to serve those individuals who have been deemed eligible for vocational rehabilitation services should an "order of selection" be implemented.

 

ARM 37.30.1001 and 37.30.1002

 

The department is proposing to amend the catchphrases because they are incorrect. The Disability Employment and Transitions Division (DETD), as a whole, does not enroll providers. Some programs under the DETD do enroll providers. The catchphrases are being amended to clarify that distinction.

 

            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 17, 2013.

 

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.

  

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.

 

 

/s/ Shannon L. McDonald                          /s/ Richard H. Opper                                   

Shannon L. McDonald                               Richard H. Opper, Director

Rule Reviewer                                           Public Health and Human Services

           

Certified to the Secretary of State September 9, 2013.