-1225-The proposed amendment revises the maximum level <strong>of</strong> allowable income.Currently the rule provides that the maximum level is 250% <strong>of</strong> the 2003 U.S.Department <strong>of</strong> Health and Human Services poverty guidelines for households. Theproposed amendment would revise this level by replacing the 2003 guidelines withthe 2006 guidelines.The department some time ago in reviewing the possible means by which to setmaximum income levels for purposes <strong>of</strong> eligibility for financial support in servicepurchase determined that the poverty guidelines were the most appropriate means.The poverty guidelines have been established by the federal government for use inmany respects inclusive <strong>of</strong> eligibility determinations for certain federally fundedassistance programs. The guidelines are based upon an established methodologyand are annually revised. There is broad national acceptance and use <strong>of</strong> theguidelines. The department considered establishing its own methodology but foundthat it did not have the resources or expertise by which to develop and maintain itsown methodology. The 2006 guidelines and methodology can be viewed on theU.S. Department <strong>of</strong> Health and Human Services website atwww.aspe.hha.gov/poverty/06poverty.shtml.This proposed change, implementing the most recent set <strong>of</strong> relevant poverty levelincome amounts, is necessary so as to maintain the currency <strong>of</strong> the financial criteria.The older amounts fail to account for various economic changes over time such asinflation that are factors in dynamically defining and distinguishing a class <strong>of</strong> personswith limited income who are at or below the poverty level for purposes <strong>of</strong> federalprograms and via this incorporated reference are the intended beneficiaries <strong>of</strong> thevocational rehabilitation services. Implementation <strong>of</strong> the most recent povertyguidelines assures the continuation <strong>of</strong> the appropriate coverage population.4. Interested persons may submit their data, views, or arguments concerningthe proposed action in writing to Dawn Sliva, Office <strong>of</strong> Legal Affairs, Department <strong>of</strong>Public Health and Human Services, P.O. Box 42<strong>10</strong>, Helena, MT 59604-42<strong>10</strong>, nolater than 5:00 p.m. on June 15, 2006. Data, views, or arguments may also besubmitted by facsimile (406)444-1970 or by electronic mail via the Internet todphhslegal@mt.gov. The department also maintains lists <strong>of</strong> persons interested inreceiving notice <strong>of</strong> administrative rule changes. These lists are compiled accordingto subjects or programs <strong>of</strong> interest. For placement on the mailing list, please writethe person at the address above.5. If a person who is directly affected by the proposed action wishes toexpress data, views, and arguments orally or in writing at a public hearing, thatperson must make a written request for a public hearing and submit such request,along with any written comments to Dawn Sliva, Office <strong>of</strong> Legal Affairs, Department<strong>of</strong> Public Health and Human Services, P.O. Box 42<strong>10</strong>, Helena, MT 59604-42<strong>10</strong>, byfacsimile (406)444-1970 or by electronic mail via the Internet to dphhslegal@mt.govno later than 5:00 p.m. on June 15, 2006.6. If the Department <strong>of</strong> Public Health and Human Services receives requestsMAR Notice No. 37-381 <strong>10</strong>-5/18/06
-1226-for a public hearing on the proposed action from either <strong>10</strong>% or 25, whichever is less,<strong>of</strong> those who are directly affected by the proposed action, from the administrativerule review committee <strong>of</strong> the legislature, from a governmental agency or subdivision,or from an association having no less than 25 members who are directly affected, ahearing will be held at a later date and a notice <strong>of</strong> the hearing will be published in the<strong>Montana</strong> Administrative Register. Ten percent <strong>of</strong> those directly affected has beendetermined to be 649 based on the 6,489 <strong>of</strong> individuals served in 2006 affected byrules covering vocational rehabilitation services./s/ Dawn SlivaRule Reviewer/s/ Joan MilesDirector, Public Health andHuman ServicesCertified to the <strong>Secretary</strong> <strong>of</strong> <strong>State</strong> May 8, 2006.<strong>10</strong>-5/18/06 MAR Notice No. 37-381
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- Page 62 and 63: -1251-COMMENT NO. 9: Several commen
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