BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I through XXXIII pertaining to Medicaid home and community services children's autism program

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AMENDED NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

 

TO:  All Concerned Persons

 

1.  On July 26, 2012 the Department of Public Health and Human Services published MAR Notice No. 37-593 pertaining to the public hearing on the proposed adoption of the above-stated rules at page 1489 of the 2012 Montana Administrative Register, Issue Number 14.

 

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 September 10, 2012, 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 dphhslegal@mt.gov.

 

3.  The department is proposing to amend proposed New Rule IV to remove the criteria regarding service opportunities being awarded only to children who do not have autism services coverage through private insurance which pays for autism services at the time of entry and the applicable procedures.  The department submitted an amendment to the Center for Medicare and Medicaid Services for the children's autism waiver requesting the above criteria be added as a requirement for screening into the children's autism waiver.  Based upon an Office of the General Counsel (OGC) opinion, the state's amendment request was denied.  Therefore, the department is proposing to amend New Rule IV to remove the private health insurance criteria.  The department is extending the comment period for this rulemaking to September 13, 2012.

 

4.  New Rule IV is being amended as follows, new matter underlined, deleted matter interlined:

 

            NEW RULE IV  MEDICAID HOME AND COMMUNITY SERVICES CHILDREN'S AUTISM PROGRAM 0667:  SCREENING AND ACCEPTANCE DETERMINATIONS  (1) remains as proposed.

            (2)  Except as otherwise provided, service opportunities are only awarded to children who do not have autism services coverage through private insurance which pays for autism services at the time of entry.  If the child has private insurance, then one of the following procedures apply:

            (a)  if a child was selected for and entered the program prior to October 1, 2012 and the child has insurance which pays for autism services, then the child is allowed to remain in services for the three year period of the waiver opportunity; or

            (b)  if a child enters the program after October 1, 2012 and at the time of entry does not have insurance that pays for autism services but subsequently receives insurance that provides coverage for autism services, then the child's eligibility is terminated and the provision of program services is discontinued.

            (3) through (6) remains as proposed, but are renumbered (2) through (5).

 

AUTH:  53-6-402, MCA

IMP:     53-6-402, MCA

 

5.  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 September 13, 2012.  Comments may also be faxed to (406) 444-9744 or e-mailed to dphhslegal@mt.gov.

 

/s/ Cary B. Lund                                           /s/ Anna Whiting Sorrell                            

Rule Reviewer                                             Anna Whiting Sorrell, Director

                                                                      Public Health and Human Services

 

Certified to the Secretary of State August 27, 2012.