August 4, 2016

RE: LSA Document #15-449 – Proposed rule amends 405 IAC 1-16 to modify the Medicaid reimbursement rule for covered hospice services by adding a service intensity add-on (SIA) to routine home care for the last seven days of a member's life and establishes two payment levels for routine home care.

On behalf of the Indiana Family and Social Services Administration, I am submitting this notice to the Publisher of the Indiana Register in compliance with IC 4-22-2-25, which requires that a notice be sent to the Publisher if a rule will not be approved or deemed approved by the Governor within one year of publication of the Notice of Intent to Adopt a Rule. This notice is to be submitted to the Publisher before the two hundred fiftieth day following the publication of the Notice of Intent to Adopt a Rule.

The Notice of Intent to Adopt a Rule was published in the Indiana Register on December 23, 2015 (DIN: 20151223-IR-405150449NIA).

The public hearing on the Proposed Rule was held August 4, 2016. Following the public hearing, the agency must consider and respond to public comments and present the rule to the Secretary for final adoption. Thereafter, the Office of the Attorney General has 45 days to complete a review of the rule and supporting documentation, after which the Governor has 30 days to complete his review. As such, the Indiana Family and Social Services Administration may be unable to complete the rulemaking process by December 23, 2016. Approval or deemed approval by the Governor is expected not later than December 28, 2017.

This notice setting forth the expected date of approval or deemed approval of LSA Document #15-449 is being submitted in a timely manner. August 28, 2016, is the two hundred fiftieth day after publication of the Notice of Intent to Adopt a Rule.

Amber Swartzell

Staff Attorney

Indiana Family and Social Services Administration

Office of the General Counsel