20081119-IR-405080195ARA Re: LSA [Document] #08-195, Amendments to Medicaid Interview Rule

TITLE 405 OFFICE OF THE SECRETARY OF FAMILY AND SOCIAL SERVICES

Administrative Rules Oversight Committee Notice

One Year Requirement (IC 4-22-2-25)

LSA Document #08-195

To: Senator R. Michael Young, Chairperson

Administrative Rules Oversight Committee

c/o Legislative Services Agency

Attn: Sarah Burkman

200 West Washington Street, Suite 301

Indianapolis, IN 46204-2789

From: Scott Linneweber, Staff Attorney

Re: LSA [Document] #08-195, Amendments to Medicaid Interview Rule

Date: November 10, 2008

CC: Steve Barnes, Indiana Register, Legislative Services Agency

Jessaca Turner Stults, General Counsel, FSSA

Dr. Jeffrey Wells, Director, Office of Medicaid Policy and Planning

On behalf of the Family and Social Services Administration, Office of Medicaid Policy and Planning, I am submitting this memo to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-25, because the agency has determined that the promulgation of the captioned rule may not be completed within one year after publication of the Notice of Intent to Adopt a Rule.

The agency published its Notice of Intent to Adopt a Rule for the captioned document on March 19, 2008 (DIN: 20080319-IR-405080195NIA). The Proposed Rule was published on May 14, 2008, and the public hearing was held on June 5, 2008. The agency received no public comments on the rule. However, this rule is being adopted in conjuncture with the Division of Family Resources, which is making similar rule changes. The Division of Family Resources is still considering comments to its rule. As such, the Office of Medicaid Policy and Planning is not yet ready to adopt its rule until its sister agency is ready to move forward.

Any rule adopted by the agency must be approved by the Family and Social Services Committee (see Ind. Code § 12-8-3-1 et seq.), a committee that meets only once per month. The committee currently has a few vacancies, and it is possible a monthly meeting could occur without a quorum. Therefore, no action would take place on an adopted rule. This would mean delayed approval until the next monthly meeting of the committee and presence of a quorum. Following approval by the FSSA committee, the rule must be submitted to the Attorney General's office. Pursuant to Ind. Code § 4-22-2-32, the Attorney General has forty-five days to complete his review of a rule. Whether a quorum is present at a monthly meeting of the FSSA Committee and the Attorney General's time frame for rule review are outside of the agency's control. For these reasons, it is unlikely that the rule will be approved by the Governor within one year of the date of publication of the notice of intent. The agency expects that the rule can be approved by the Governor by November 10, 2009.

This notice setting forth the expected date of approval of LSA [Document] #08-195 as November 10, 2009, is being submitted in a timely manner. November 24, 2008, is the two hundred fiftieth day after publication of the Notice of Intent to Adopt a Rule.

Posted: 11/19/2008 by Legislative Services Agency

DIN: 20081119-IR-405080195ARA

Composed: Nov 01,2016 12:32:07AM EDT

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