BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.40.307 pertaining to nursing facility reimbursement rates for state fiscal year 2019

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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. 37-861 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 1577 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 31, 2018. That hearing is hereby vacated.

 

3.  At this time, the department is withdrawing MAR Notice No. 37-861 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. 37-861 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.