BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.36.604 pertaining to updating to 2014 levels the federal poverty index for the Montana telecommunications access program

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On May 15, 2014, at 10:00 a.m., the Department of Public Health and Human Services will hold a public hearing in the auditorium of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed amendment of the above-stated rule.

 

 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 May 8, 2014, 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, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail [email protected].

 

3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

            37.36.604 FINANCIAL ELIGIBILITY CRITERIA (1) Individuals whose annual family income during the 12 months immediately preceding the month of application is less than 250% of the 2013 2014 poverty guidelines published by the U.S. Department of Health and Human Services (HHS) are eligible for a loan of specialized telecommunications equipment based on income. 250% of the HHS 2013 2014 annual poverty guidelines for families of various sizes are shown in (2).

            (2) 250% of the annual poverty guidelines is as follows:

 

FAMILY SIZE	250% OF ANNUAL POVERTY GUIDELINE
One	$28,725 $29,175
Two	$38,775 $37,325
Three	$48,825 $49,475
Four	$58,875 $59,625
Five	$68,925 $69,775
Six	$78,975 $79,925
Seven	$89,025 $90,075
Eight	$99,075 $100,225
Each Additional Person, Add	$10,050 $10,150

 

            (3) There is no asset test to be eligible for a loan of specialized telecommunications equipment.

 

AUTH: 53-19-305, 53-19-307, MCA

IMP:     53-19-305, 53-19-307, MCA

 

            4. STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services proposes to amend ARM 37.36.604 to reflect the 2014 Federal Poverty Index (FPI). Each time the FPI changes, it impacts the Montana Telecommunications Access Program income guidelines. It is an amendment we do in response to the FPI change to maintain compliance with the FPI. The proposed amendment is necessary to align MTAP income guidelines with the federal level.

 

ARM 37.36.604

 

The dollar amount for each family size has been increased based on the 2014 federal increase to the FPI. The date has been changed from 2013 to 2014.

 

Fiscal Impact

 

The fiscal impact of the required change is minimal since the increase in the FPI is a cost of living increase and the number of new individuals is low.

 

            5. The department intends to adopt this rule amendment effective July 1, 2014.

 

            6. 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: Kenneth Mordan, 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 protected], and must be received no later than 5:00 p.m., May 22, 2014.

 

7. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.

 

8. 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 6 above or may be made by completing a request form at any rules hearing held by the department.

 

9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

10.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

11. 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.

 

 

 

/s/ Shannon L. McDonald                          /s/ Richard H. Opper                                   

Shannon L. McDonald                               Richard H. Opper, Director

Rule Reviewer                                           Public Health and Human Services

           

Certified to the Secretary of State April 14, 2014.