TITLE 405 OFFICE OF THE SECRETARY OF FAMILY AND SOCIAL SERVICES
Administrative Rules Oversight Committee Notice
LSA Document #06-153
To: Honorable R. Michael Young, Chairperson
Administrative Rules Oversight Committee
Indiana Legislative Services Agency
200 W. Washington Street, Suite 301
Indianapolis, IN 46204-2789
From: Scott Linneweber, Staff Attorney
Re: LSA #06-153, Amendments to Prescription Drug Program Rules (Medicare Wraparound)
Cc: Chuck Mayfield, Legislative Services Agency
John Davis, General Counsel, FSSA
Jeanne M. LaBrecque, 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.
On May 26, 2006, the agency sent the Office of Management and Budget a copy of the proposed rule along with the fiscal analysis required under
IC 4-22-2-28. The agency published its notice of intent to adopt a rule for the captioned document on June 1, 2006 (29 IR 3042). Under
IC 4-22-2-28, the agency cannot send the proposed rule for publication in the Indiana Register until the agency receives OMB approval. The agency did not receive OMB approval until October 30, 2006. The proposed rule was published on November 11, 2006, and the public hearing was held on December 19, 2006. Following the public hearing, the agency has to consider and respond to public comments, adopt the rule, and present the rule to the FSSA rules committee for approval before the rule can be submitted to the Office of Attorney General for approval.
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. Thus promulgation of this rule may not be completed by June 1, 2007. The agency expects that the rule can be approved by the governor by December 21, 2007.
This notice setting forth the expected date of approval of LSA #06-153 as December 21, 2007, is being submitted in a timely manner. January 7, 2007, is the two hundred fiftieth day after publication of the notice of intent to adopt a rule.
Posted: 01/10/2007 by Legislative Services Agency
DIN: 20070110-IR-405060153ARA
Composed: May 04,2024 7:33:33PM EDT
A
PDF version of this document.
