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Montana Administrative Register Notice 37-831 No. 8   04/27/2018    
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BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.59.102, 37.59.105, 37.59.109, 37.59.302, and 37.59.303 pertaining to the update of the supplemental nutrition program for women, infants, and children (WIC)

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On May 18, 2018, at 2:00 p.m., the Department of Public Health and Human Services will hold a public hearing in Room 207 of the Department of Public Health and Human Services, 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 the Department of Public Health and Human Services no later than 5:00 p.m. on May 8, 2018 to advise us of the nature of the accommodation that you need. Please contact Gwen Knight, 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:

 

37.59.102 DEFINITIONS Unless otherwise indicated, the following definitions apply throughout this chapter:

            (1) "Administrative and program services costs" means those direct and indirect costs, exclusive of food costs, as defined in 7 CFR 246.14(c), which the department determines to be necessary to support local agency program operations. Administrative and program services costs include: the costs of program administration, start-up, monitoring, auditing, the development of and accountability for food delivery systems, nutrition and breastfeeding education, outreach, certification, information technology, and developing, producing, or procuring materials for and printing issuing food benefits.

            (2) through (18) remain the same.

            (19) "Food benefit" means a voucher, check, coupon, or an electronic benefit transfer which is used by a participant to obtain supplemental foods.

            (20) through (22) remain the same.

            (23) "Initial visit contact" means the first time a person visits a WIC clinic to request program benefits, whether by an in-person inquiry or by telephone.

            (24) through (48) remain the same.

            (49) "State plan" means the "2014 2018 State Plan for Montana's Special Supplemental Nutrition Program for Women, Infants and Children (WIC)", a plan of program operation and administration that describes the manner in which the department intends to implement and operate all aspects of program administration within its jurisdiction in accordance with 7 CFR 246.4.

            (50) and (51) remain the same.

 

AUTH: 50-1-202, MCA

IMP: 50-1-202, MCA

 

 

37.59.105 INCORPORATIONS BY REFERENCE (1) and (2) remain the same.

            (3) The department adopts and incorporates by reference the following:

            (a) the poverty income guidelines as published under the "Annual Update on the HHS Poverty Guidelines" 78 82 Federal Register 16 19, pp 5182-5183 8831-8832, January 24, 2013 January 31, 2017;

            (b) section 17 of the Child Nutrition Act of 1966, 42 U.S.C. 1771, et seq., as amended and reauthorized in 2010; and

            (c) the "2014 2018 State Plan for Montana's Special Supplemental Nutrition Program for Women, Infants and Children (WIC)" which is a comprehensive summary of applicable federal regulations, procedures, and forms used by the department.

            (4) remains the same.

 

AUTH: 50-1-202, MCA

IMP: 50-1-202, MCA

 

 

37.59.109 PROGRAM ADMINISTRATION AND GUIDANCE (1) As the state agency to which the United States Department of Agriculture (USDA) has delegated the administration of the WIC Program, the department is responsible for the effective and efficient administration of the program in accordance with the USDA program regulations set forth in 7 CFR Part 246, USDA's regulations governing the WIC Program; 7 CFR Part 15, subparts A and C, USDA's regulations governing nondiscrimination; and 7 CFR Part 3015 2 CFR 415.1 through 415.15, USDA's regulations governing the administration of grants.

            (2) remains the same.

            (3) The department adopts and incorporates by reference the following:

            (a) 7 CFR Part 246, which are USDA regulations governing the WIC Program, edition date January 1, 2013 2017 and may be obtained at www.fns.usda.gov/wic/lawsandregulations/wicregulations-7cfr246.pdf https://www.fns.usda.gov/wic/wic-laws-and-regulations;

            (b) 7 CFR Part 15, subparts A and C, which are USDA regulations governing nondiscrimination, edition date January 1, 2013 2017 and may be obtained at www.law.cornell.edu/cfr/text/7/part-15/subpart-A and www.law.cornell.edu/cfr/text/7/part-15/subpart-C;

            (c) 7 CFR Part 3015 2 CFR 415.1 through 415.15, which are USDA regulations governing the administration of grants, edition date January 1, 2013 2017 and may be obtained at www.law.cornell.edu/cfr/text/7/3015   https://www.gpo.gov/fdsys/pkg/CFR-2017-title2-vol1/xml/CFR-2017title2-vol1-part415.xml; and

            (d) the "2014 2018 State Plan for Montana's Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)."

            (e) remains the same.

 

AUTH:  50-1-202, MCA

IMP:  50-1-202, MCA

 

 

            37.59.302 AGREEMENTS WITH RETAILERS AND FARMERS (1) The department adopts and incorporates by reference 7 CFR 246.12(h) and (v) (cc), which is a federal agency rule setting forth terms and requirements for agreements between the department and retailers and farmers. Copies of this document may be obtained from the Department of Public Health and Human Services, Special Supplemental Nutrition Program for Women, Infants, & Children (WIC), P.O. Box 202951, Helena, MT 59620-2951.

 

AUTH: 50-1-202, MCA

IMP: 50-1-202, MCA

 

37.59.303 PERIODIC REVIEW AND DISQUALIFICATION OF RETAILERS AND FARMERS (1) through (3) remain the same.

            (4) The department adopts and incorporates by reference the following:

            (a) the "2014 2018 State Plan for Montana's Special Supplemental Nutrition Program for Women, Infants and Children (WIC),", a comprehensive summary of applicable federal regulations, procedures, and forms used by the department; and

            (b) remains 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 37.59.102, 37.59.105, 37.59.109, 37.59.302, and 37.59.303 pertaining to the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). WIC is located in the Family and Community Health Bureau of the Montana Department of Public Health and Human Services. The program is sponsored by the Food and Nutrition Services of the United States Department of Agriculture (USDA).

 

The purpose of the proposed rule amendments is to update the administrative rules with current references and minor changes due to current operations and practices.

 

ARM 37.59.102

 

The proposed amendments to ARM 37.59.102(1) and (19) update language related to changes from issuing benefits on checks to electronic benefit issuance method. 

The proposed amendment to ARM 37.59.102(23) updates language terminology.

The department proposes amendments to ARM 37.59.102(49) to update the year of reference State Plan to 2018.

 

ARM 37.59.105

 

The department is proposing amendments to ARM 37.59.105(3)(a) to update the Federal Register reference citation to the most current year.

 

ARM 37.59.109

 

The department is proposing amendments to ARM 37.59.109(1) to update the CFR reference for governing the administration of grants. The department is proposing amendments to ARM 37.59.109(3)(b) to update the edition date and the website location for 7 CFR Part 246. The department also proposes amending ARM 37.59.109(3)(b) to update the edition date for 7 CFR Part 15, subparts A and C. The proposed amendments to ARM 37.59.109(3)(c) update the CFR reference, date, and website location.

 

ARM 37.59.302

 

The department is proposing amendments to ARM 37.59.302(1) to update the citation for 7 CFR 246.12 to include an additional reference.

 

ARM 37.59.303

 

The department is proposing amendments to ARM 37.59.303(4)(a) to update the year of reference State Plan to 2018.

 

Fiscal Impact

 

There is no fiscal impact with these proposed rule amendments.

 

            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: Gwen Knight, 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., May 26, 2018.

 

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

 

9. 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.

 

10. Section 53-6-196, MCA, requires that the department, when adopting by rule proposed changes in the delivery of services funded with Medicaid monies, make a determination of whether the principal reasons and rationale for the rule can be assessed by performance-based measures and, if the requirement is applicable, the method of such measurement. The statute provides that the requirement is not applicable if the rule is for the implementation of rate increases or of federal law.

 

The department has determined that the proposed program changes presented in this notice are not appropriate for performance-based measurement and therefore are not subject to the performance-based measures requirement of 53-6-196, MCA.

 

 

/s/ Shannon L. McDonald                         /s/ Sheila Hogan                                         

Shannon L. McDonald                              Sheila Hogan, Director

Rule Reviewer                                           Public Health and Human Services

 

 

Certified to the Secretary of State April 17, 2018.

 

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