BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.86.702, 37.86.801, and 37.86.802 pertaining to audiology and hearing aids

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AMENDED NOTICE OF PROPOSED AMENDMENT AND EXTENSION OF COMMENT PERIOD

 

TO:  All Concerned Persons

 

1.  On August 25, 2011, the Department of Public Health and Human Services published MAR Notice No. 37-556 pertaining to the proposed amendment of the above-stated rules at page 1628 of the 2011 Montana Administrative Register, Issue Number 16.

 

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 27, 2011, 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 [email protected].

 

3.  An attorney from the Legislative Services Division contacted the department and indicated that our Statement of Reasonable Necessity included language that did not clearly state specific legislation that eliminated the need for audiologists to obtain a separate hearing aid dispensing license. The department has amended the Statement of Reasonable Necessity in this notice and cites Ch 342 Laws of MT 2011 (SB132). A further explanation has also been added to the statement to help clarify that these rule changes will improve Medicaid clients' access to hearing aids.

 

4.  The statement of reasonable necessity is being amended as follows, new matter underlined, deleted matter interlined:

 

Statement of Reasonable Necessity

 

The Department of Public Health and Human Services (the department) is proposing to amend ARM 37.86.702, 37.86.801, and 37.86.802 to reflect legislation considering a change in licensing law by Ch 342 Laws of MT 2011 which eliminated the need for audiologists to obtain a separate hearing aid dispensing license.  Audiologists will be able to dispense hearing aids with their audiology license.  Considering that selling, dispensing, and fitting of hearing aids is now included in the practice of audiology, Medicaid client access to hearing aids should improve.  Additionally, this amendment to the Administrative Rules will open the reimbursement to more providers for hearing aids.

 

ARM 37.86.702

 

The department is proposing language to allow reimbursement to audiologists for hearing aids. The acronym "PB" was written out for purposes of clarity.

 

ARM 37.86.801

 

The department is proposing to add a definition for "dispenser" to include audiology licenses issued by the Montana Board of Speech-Language Pathologists and Audiologists.

 

ARM 37.86.802

 

The department is proposing to add language to allow reimbursement to audiologists for hearing aids.

 

Fiscal Impact

 

There is no fiscal impact with this rule amendment.

 

5.  The comment period has been extended seven days from September 22, 2011, to September 29, 2011.  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 29, 2011.  Comments may also be faxed to (406) 444-9744 or e-mailed to [email protected].

 

/s/ John Koch                                               /s/ Anna Whiting Sorrell                            

Rule Reviewer                                             Anna Whiting Sorrell, Director

                                                                        Public Health and Human Services

 

Certified to the Secretary of State September 12, 2011.