BEFORE THE DEPARTMENT OF PUBLIC
HEALTH AND HUMAN SERVICES
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 37.12.401 pertaining to the increase of laboratory fees
NOTICE OF PROPOSED AMENDMENT
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. The Department of Public Health and Human Services proposes to amend the above-stated rule.
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 February 21, 2018, 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 MT 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail firstname.lastname@example.org.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
37.12.401 LABORATORY FEES FOR ANALYSES (1) remains the same.
(2) The department will maintain a list of all tests available from the lab and the price of each test. The department adopts and incorporates by reference the Laboratory Test Fee List effective
July 1, 2015 April 1, 2018, which is available on the web site of the Department of Public Health and Human Services at http://dphhs.mt.gov/Portals/85/publichealth/documents/Lab/PublicHealthLabTesting/PHLFeesJuly2015.pdf
http://dphhs.mt.gov/publichealth/LaboratoryServices/PublicHealthLabTesting, and by mail upon request to the lab at the Department of Public Health and Human Services, Public Health and Safety Division, P.O. Box 6489, Helena, MT 59604-6489.
(3) and (4) remain 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 37.12.401 to increase fees that the Laboratory Services Bureau charges for services provided by the Montana Public Health and Environmental Laboratories.
The Laboratory Services Bureau is primarily a fee for service-funded operation although some general funds and federal grant support do contribute to maintaining operational infrastructure. The laboratories rely on numerous commercial suppliers and manufacturers of laboratory services, instruments, and consumables in order to operate, most of whom have increased their fees on an annual basis.
The Laboratory Services Bureau will not have raised fees for approximately four years at the time that this proposed rule change becomes effective. Without the ability to adjust fees, the laboratory will not be able to maintain critical services provided by the state as the cost of operations has increased over the past four years while fees have remained constant and grant support has decreased. There is also an increasing amount of laboratory services that are performed for public health purposes and are not revenue generating. The proposed fee changes will be effective April 1, 2018
An increase in fees will impact healthcare providers and environmental services clients. This fee change will not be a uniform across the board percent increase but many laboratory testing service fees will increase between 15 and 20 percent where applicable. The proposed fees will be comparable to those of other laboratory service providers in those instances where competitive services exist.
5. The department intends to adopt this rule amendment effective April 1, 2018.
6. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Kenneth Mordan, Office of Legal Affairs, Department of Public Health and Human Services, P.O. Box 4210, Helena MT 59604-4210, no later than 5:00 p.m. on March 9, 2018. Comments may also be faxed to (406) 444-9744 or e-mailed to email@example.com.
7. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Kenneth Mordan at the above address no later than 5:00 p.m., March 9, 2018.
8. If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 117 persons based on a total of 1,178 persons that may be impacted by this rule amendment.
9. 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.
10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.
/s/ Shannon L. McDonald /s/ Sheila Hogan
Shannon L. McDonald, Attorney Sheila Hogan, Director
Rule Reviewer Public Health and Human Services
Certified to the Secretary of State January 30, 2018.