Administrative Rules of the State of Montana

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, 37.85.104, 37.85.105, 37.85.106, 37.86.705, 37.86.805, 37.86.1006, 37.86.1101, 37.86.1105, 37.86.1406, 37.86.1807, 37.86.2005, 37.86.2605, 37.86.2803, 37.86.2806, 37.86.2905, 37.86.2912, 37.86.3007, 37.86.3109, 37.86.3205, and 37.86.3607 pertaining to updating the effective dates of non-Medicaid and Medicaid fee schedules

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NOTICE OF DECISION ON PROPOSED AMENDMENT

TO: All Concerned Persons

1. On August 10, 2018, the Department of Public Health and Human Services published MAR Notice No. 37-859 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1550 of the 2018 Montana Administrative Register, Issue Number 15.

2. A public hearing on the notice of proposed amendment of the above-stated rules was scheduled to be held on August 30, 2018. That hearing is hereby vacated.

3. At this time, the department is withdrawing MAR Notice No. 37-859 from consideration. Since the filing of this notice the department has been served a temporary restraining order requiring the department raise rates effective August 2, 2018. The department is interested in two outcomes: 1) ensuring that providers will not have to return the temporary rate increase when the injunction expires; and 2) raising provider rates as early as possible in state fiscal year 2019. Therefore, the department is withdrawing MAR Notice No. 37-859 from consideration. The department will file a replacement notice of proposed rulemaking on August 28, 2018 that will propose to raise rates effective July 1, 2018 by 2.99%.

/s/ Shannon L. McDonald /s/ Marie Matthews

Shannon L. McDonald Marie Matthews for Sheila Hogan, Director

Rule Reviewer Public Health and Human Services

Certified to the Secretary of State August 14, 2018.