BEFORE THE DEPARTMENT OF PUBLIC
HEALTH AND HUMAN SERVICES OF THE
STATE OF MONTANA
In the matter of the amendment of ARM 37.86.2950 pertaining to graduate medical education payment program
NOTICE OF AMENDMENT
TO: All Concerned Persons
1. On August 4, 2017, the Department of Public Health and Human Services published MAR Notice No. 37-799 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 1268 of the 2017 Montana Administrative Register, Issue Number 15.
2. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:
37.86.2950 GRADUATE MEDICAL EDUCATION PAYMENT PROGRAM
(1) and (2) remain as proposed.
(3) The department will make an annual payment to each eligible hospital on or before August 31 of each year.
(a) remains as proposed.
(b) If an eligible hospital reports no primary care or psychiatry resident full time equivalents (FTE) participating in the GME program for any given program year or portion thereof, the eligible hospital will not receive payment for those time periods of nonparticipation. FTE totals include residents conducting rural rotations. For purposes of this rule, a rural rotation is a period of
time of at least 28 days one month where a primary care or psychiatry resident is working in a rural location, outside of their primary facility and urbanized area, with the express purpose of the resident being available to provide care to the rural area's patient population.
(4) and (5) remain as proposed.
AUTH: 2-4-201, 53-2-201, 53-6-113, MCA
IMP: 2-4-201, 53-2-201, 53-6-101, 53-6-111, 53-6-113, MCA
3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:
COMMENT #1: The department received numerous comments supporting the inclusion of rural rotations, and psychiatry residency programs to the Graduate Medical Education rules.
RESPONSE #1: The department appreciates the comments received.
COMMENT #2: The department received several comments stating that the language in regarding the length of a rural rotation in ARM 37.86.2950 may be too restrictive for how rotations work in practice.
RESPONSE #2: The department agrees with the comments received and has modified the language to provide a more appropriate definition of a rural rotation.
4. The department intends to apply this rule amendment retroactively to August 1, 2017. A retroactive application of the proposed rule amendments does not result in a negative impact to any affected party.
/s/ Brenda K. Elias /s/ Shannon McDonald for
Brenda K. Elias Sheila Hogan, Director
Rule Reviewer Public Health and Human Services
Certified to the Secretary of State October 30, 2017.