July 3, 2006

To: Honorable R. Michael Young, Chairperson

Fr: Catherine Rudd, Deputy General Counsel

Re: LSA Document #05-293

Cc: Chuck Mayfield, Legislative Services Agency

On behalf of the Family and Social Services Administration, Office of Medicaid Policy and Planning, I am submitting this memo to the Administrative Rules and Oversight Committee in compliance with IC 4-22-2-25, because the agency has determined that the promulgation of the captioned rule will 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 November 1, 2005 (29 IR 576). The proposed rule has not yet been published. The rule will add Medicare application as a condition of Medicaid eligibility for individuals applying for Medicaid who appear likely to meet Medicare eligibility requirements. The rule will also set forth a time limit for those who are currently eligible for Medicaid to apply for Medicare, if it appears likely that they would be eligible for Medicare. Once the rule is published, a public hearing held and adopted by the agency, it must, like all rules adopted by the agency, be approved by the Family and Social Services Committee (see IC 12-8-3), a committee that meets only once per month. It is possible a monthly meeting could occur without a quorum and therefore without any action being taken 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 IC 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. Because the agency has additional work to complete and there are aspects of the promulgation process that are outside of its control, 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 July 1, 2007.

This notice setting forth the expected date of approval of LSA #05-293 as July 1, 2007, is being submitted in a timely manner. July 9, 2006, is the two hundred fiftieth day after publication of the notice of intent to adopt a rule.