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 pertaining to alternatives to out-of-state placement for at-risk youths

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NOTICE OF ADOPTION

 

TO:  All Concerned Persons

 

1.  On September 6, 2012, the Department of Public Health and Human Services published MAR Notice No. 37-598 pertaining to the public hearing on the proposed adoption of the above-stated rules at page 1737 of the 2012 Montana Administrative Register, Issue Number 17.

 

2.  The department has adopted New Rule I (37.87.1601), II (37.87.1602), IIl (37.87.1604), and IV (37.87.1606) 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 commenter suggested to add "qualified providers" to the list of entities that may place treatment plans on the department-approved data management system.  The commenter stated that this would be a benefit to all providers and encourage wraparound services.

 

RESPONSE #1:  In an effort to safeguard the protected health information (PHI) of at-risk youth, the department determined it is prudent to limit, at this time, who will post treatment plans of youth who are out-of-state or are at risk of going out-of-state.  The department's limits on who has the ability to post PHI will allow the department to better monitor proper medical information releases have been signed to allow for authorized postings.  Acute care hospitals are a very limited pool, and as they are the primary provider when youth are at risk of being sent out-of-state, the department determined they will have the option of posting this information.  The department will continue to monitor and revise the data management system as input is received and suggestions brought forth to improve this communication tool.

 

 

 

/s/ John Koch                                     /s/ Anna Whiting Sorrell                               

Rule Reviewer                                   Anna Whiting Sorrell, Director

                                                            Public Health and Human Services

 

Certified to the Secretary of State October 15, 2012.