TITLE 405 OFFICE OF THE SECRETARY OF FAMILY AND SOCIAL SERVICES

The Indiana Family and Social Services Administration (FSSA) Office of Medicaid Policy and Planning (OMPP) proposes to:

Amend 405 IAC 1-1.4-2 to include the carve out that services provided by a CMHC do not have to be documented at the time of service, but instead must be documented within thirty (30) days or before the services is billed to Medicaid, whichever comes first.

The following section provides responses to the following questions outlined in IC 4-22-2.1-5:

1. An estimate of the number of small businesses, classified by industry section that will be subject to the proposed rule.

IC 5-28-2-6 defines a small business as a business entity that satisfies the following requirements:

(1) On at least fifty percent (50%) of the working days of the business entity occurring during the preceding calendar year, the business entity employed not more than one hundred fifty (150) employees.

(2) The majority of the employees of the business entity work in Indiana.

Response: None

2. An estimate of the average annual reporting, record keeping, and other administrative costs that small businesses will incur to comply with the proposed rule.

Response: None

3. An estimate of the total annual economic impact that compliance will have on small businesses subject to the rule.

Response: None

4. A statement justifying any requirement or cost that is imposed by the rule and not expressly required by law. The statement must reference any data, studies, or analyses relied upon by the agency in determining imposition of the requirement or cost is necessary.

Response: None

5. Any regulatory flexibility analysis that considers any less intrusive or less costly alternative methods of achieving the same purpose.

A. Establishment of less stringent compliance or reporting requirements for small businesses.

Response: The rule has no impact on compliance or reporting requirements for small businesses. The agency, by federal and state law, is required to maintain certain documentation requirements for all businesses, large or small.

B. Establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses.

Response: The rule has no impact on schedules or deadlines for compliance or reporting requirements for small businesses. The agency, by federal and state law, is required to maintain certain documentation requirements for all businesses, large or small.

C. Consolidation or simplification of compliance or reporting requirements for small businesses.

Response: The rule has no impact on compliance or reporting requirements for small businesses. The agency, by federal and state law, is required to maintain certain documentation requirements for all businesses, large or small.

D. Establishment of performance standards for small businesses instead of design or operational standards imposed on other regulated entities by the rule.

Response: The rule has no impact on performance or operational standards for small businesses.

E. Exemption of small businesses from part or all of the requirements or costs imposed by the rule.

Response: The rule imposes no additional requirements or cost on small businesses as we cannot treat small or large businesses differently under federal and state regulations.

If there are any programmatic or fiscal questions, please contact Keith McConomy at (317) 233-9640 or at Keith.McConomy@fssa.in.gov. Questions regarding any other aspect of the proposed changes should also be addressed to Amanda DeRoss at (317) 234-8533 or at amanda.deross@fssa.in.gov.

DIN: 20221228-IR-405220253EIA

Composed: May 03,2024 1:58:03PM EDT

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