Montana Administrative Register Notice 37-854 No. 15   08/10/2018    
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BEFORE THE Department of Public

health and human services of the



In the matter of the amendment of ARM 37.85.105 pertaining to updating Medicaid fee schedules and effective dates






TO: All Concerned Persons


1. On June 22, 2018, the Department of Public Health and Human Services published MAR Notice No. 37-854 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 1149 of the 2018 Montana Administrative Register, Issue Number 12.


2. The department has amended the above-stated rule as proposed.


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 two comments expressing support for the proposed private duty nursing fee schedule.


RESPONSE #1: The department thanks the commenters for their comments.


COMMENT #2: It was noted at the administrative rules hearing that the dollar amounts stated in the Health Resources Division's portion of the rulemaking's expected fiscal impact required revision.


RESPONSE #2:  The department revises the dollar amounts stated in the Health Resources Division's expected fiscal impact to $209,784.66 in state general fund dollars and $407,592.20 in federal funding.


            4. The department will apply the rule amendments described in ARM 37.85.105(3)(l) and (3)(z) retroactively to July 1, 2018, and the rule amendments described in ARM 37.85.105(4)(a) and (5)(b) retroactively to July 15, 2018. Neither retroactive application of the proposed rule amendments results in a negative impact to any affected party.



/s/ Brenda K. Elias                                       /s/ Sheila Hogan                                         

Brenda K. Elias                                            Sheila Hogan, Director

Rule Reviewer                                             Public Health and Human Services


Certified to the Secretary of State July 31, 2018.

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