BEFORE THE DEPARTMENT OF PUBLIC
HEALTH AND HUMAN SERVICES OF THE
STATE OF MONTANA
In the matter of the amendment of ARM 37.34.3005 pertaining to developmental disabilities program services manual updates
NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT
TO: All Concerned Persons
1. On July 16, 2020, at 1:00 p.m., the Department of Public Health and Human Services will hold a public hearing via remote conferencing to consider the proposed amendment of the above-stated rule. Because there currently exists a state of emergency in Montana due to the public health crisis caused by the coronavirus, there will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways:
(a) Join Zoom Meeting at: https://mt-gov.zoom.us/j/94888646522, meeting ID: 948 8864 6522;
(b) Dial by telephone +1 646 558 8656, meeting ID: 948 8864 6522; find your local number: https://mt-gov.zoom.us/u/alkjOK7EZ.
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 July 10, 2020, to advise us of the nature of the accommodation that you need. Please contact Heidi Clark, 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 firstname.lastname@example.org.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
37.34.3005 REIMBURSEMENT FOR SERVICES OF MEDICAID FUNDED DEVELOPMENTAL DISABILITIES HOME AND COMMUNITY-BASED SERVICES (HCBS) WAIVER PROGRAMS (1) remains the same.
(2) The department adopts and incorporates by this reference the rates of reimbursement for the delivery of services and items available through each Home and Community-Based Services Waiver Program as specified in the Montana Developmental Disabilities Program Services Manual, effective
July 1, 2019 July 1, 2020. A copy of the manual may be obtained through the Department of Public Health and Human Services, Developmental Services Division, Developmental Disabilities Program, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604-4210 and at http://dphhs.mt.gov/dsd/developmentaldisabililities/DDPratesinf.
AUTH: 53-2-201, 53-6-402, MCA
IMP: 53-2-201, 53-6-402, MCA
4. STATEMENT OF REASONABLE NECESSITY
The Department of Public Health and Human Services (department) is proposing to amend ARM 37.34.3005 pertaining to reimbursement rates in the Montana Developmental Disabilities Program Services Manual (manual).
The rule amendment would adopt and incorporate the updated version of the manual, dated July 1, 2020, to include changes in billing and reimbursement of services provided to persons who are recipients of developmental disabilities services through the Medicaid program.
Based on legislative appropriations in the 2019 legislative session, the Developmental Disabilities Program proposes to implement a 1.83% average provider rate increase. These rate adjustments are reflected in the proposed manual, dated July 1, 2020.
In addition to the provider rate increase, the department proposes the following additional changes to the manual:
1) Providing clarification of definition and/or billing codes or processes to minimize billing issues for several services in the Program Services Manual for the following services:
Caregiver Training and Support
Community Transition Services
Day Supports & Activities
Individual Goods and Services
Remote Monitoring Equipment
Residential Training Supports
Specialized Medical Equipment and Supplies
Supported Employment – Co Worker Support
Supported Employment – Follow Along
Supported Employment – Individual Employment Support
Supported Employment – Small Group Employment Support
2) Rewording some areas throughout to provide consistency in formatting and acronyms.
The proposed updated manual, dated July 1, 2020, can be found at https://dphhs.mt.gov/dsd/developmentaldisabilities/ddpratesinf.
The 1.83% provider rate increase is projected to have the following fiscal impact:
$906,663 General Fund increase
$1,691,971 Federal Funds increase
$2,598,634 Total Funds increase
The proposed rule amendment adopts and incorporates an updated manual, which would have an effective date retroactive to July 1, 2020.
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: Heidi Clark, 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 email@example.com, and must be received no later than 5:00 p.m., July 24, 2020.
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 rule 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/ Brenda K. Elias /s/ Marie Matthews for Sheila Hogan
Brenda K. Elias Sheila Hogan, Director
Rule Reviewer Public Health and Human Services
Certified to the Secretary of State June 16, 2020.