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 IV and amendment of ARM 37.85.206 pertaining to Medicaid diabetes and cardiovascular disease prevention services

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NOTICE OF ADOPTION AND AMENDMENT

 

TO:  All Concerned Persons

 

1.  On March 8, 2012, the Department of Public Health and Human Services published MAR Notice No. 37-575 pertaining to the public hearing on the proposed adoption and amendment of the above-stated rules at page 483 of the 2012 Montana Administrative Register, Issue Number 5.

 

2.  The department has adopted New Rule I (37.86.5401), II (37.86.5402), III (37.86.5403), IV (37.86.5404) as proposed.  The department has amended ARM 37.85.206 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:  A comment was received that diabetes prevention services should be directed to mental health centers, mental health professionals, and primary care physicians who care for individuals suffering from severe mental illness.

 

RESPONSE #1:  Providers of diabetes and cardiovascular disease prevention services will outreach to all Medicaid eligible individuals, including persons living with severe mental illness.  Outreach will be conducted at mental health centers and to mental health professionals and primary care providers.

 

            4.  The department intends the proposed new and amended rules to be applied retroactively to February 2, 2012.  There is no negative impact to Medicaid clients or providers by applying the new rules retroactively.  People have been participating in the program and they justifiably expect to get paid as proposed.  The Centers for Medicare and Medicaid Services (CMS) have requested that this rulemaking be effective on February 2, 2012 and is in compliance with the department's proposed State Plan Amendment with CMS.

 

/s/ John Koch                                                 /s/ Jane Smilie for                                        

Rule Reviewer                                               Anna Whiting Sorrell, Director

                                                                        Public Health and Human Services

 

Certified to the Secretary of State August 13, 2012.