Title of Rule:	Children's Basic Health Plan Physical, Occupational and Speech therapy benefits, Section 210	
Rule Number:	MSB 07-07-19-A	
Division / Contact / Phone:	Children's Basic Health Plan / Amy L. Scangarella / (303)866-3856	

SECRETARY OF STATE
RULES ACTION SUMMARY AND FILING INSTRUCTIONS

SUMMARY OF ACTION ON RULE(S)

1.	Department / Agency Name:	Health Care Policy and Financing / Medical Services Board	
2.	Title of Rule:	MSB 07-07-19-A, Children's Basic Health Plan Physical, Occupational and Speech therapy benefits, Section 210	
3.	This action is an adoption of:	an amendment	
4.	Rule sections affected in this action (if existing rule, also give Code of Regulations number and page numbers affected): 	
Sections(s) CBHP Benefits Rule 210. J affected, Colorado Department of Health Care Policy and Financing, Medical Assistance (10 CCR 2505-3).	
5.	Does this action involve any temporary or emergency rule(s)?	Yes	
If yes, state effective date:		
Is rule to be made permanent? (If yes, please attach notice of hearing).	Yes	

PUBLICATION INSTRUCTIONS*

Please replace current text in 10 CCR 2505-3 (FINANCIAL MANAGEMENT OF THE CHILDREN'S BASIC HEALTH PLAN) from §210.J through §210.L.5 with new text attached.

Title of Rule:	Children's Basic Health Plan Physical, Occupational and Speech therapy benefits, Section 210	
Rule Number:	MSB 07-07-19-A	
Division / Contact / Phone:	Children's Basic Health Plan / Amy L. Scangarella / (303)866-3856	

STATEMENT OF BASIS AND PURPOSE

1.	Summary of the basis and purpose for the rule or rule change.  (State what the rule says or does and explain why the rule or rule change is necessary).	
Rule change required to incorporate Senate bill 07-004 (Early Intervention Services) physical, occupational and speech thereapy benefit changes	
2.	An emergency rule-making is imperatively necessary	
	to comply with state or federal regulation and/or	
	for the preservation of public health, safety and welfare.	
Explain:	
Rule change required to incorporate Senate Bill 07-004 (Early Intervention Services) physical, occupational and speech thereapy benefit changes effective 11/1/07.	
3.	Federal authority for the Rule, if any:	
      	
4.	State Authority for the Rule:	
25.5-1-301 through 25.5-1-303, C.R.S. (2006);
Senate Bill 07-004	

Title of Rule:	Children's Basic Health Plan Physical, Occupational and Speech therapy benefits, Section 210	
Rule Number:	MSB 07-07-19-A	
Division / Contact / Phone:	Children's Basic Health Plan / Amy L. Scangarella / (303)866-3856	
REGULATORY ANALYSIS
1.	Describe the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule.
The class of persons that will be affected and benefit from this proposed rule change are  Children's Basic Health Plan program clients.  The only population affected by the rule change is children from birth up to their third birthday.
2.	To the extent practicable, describe the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons.
The population affected by this rule change will now receive unlimited physical, occupational and speech therapies as required by Senate Bill 07-004 (Early Intervention Services). By removing the limit on the number of visits for therapy services infants and toddlers under three years of age will be able to receive enhanced services to improve their development.  Early detection of developmental delays will result in early treatment.  If treatment is provided early for developmental delays, further and possibly more serious complications may be avoided which will result in a cost savings for the Department.
3.	Discuss the probable costs to the Department and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues.
The Department was appropriated $63,743 in Fiscal Year 07-08 to implement this change in benefits.  Per the fiscal note for Senate Bill 07-004, the Fiscal Year 08-09 costs are estimated to be $84,330.  Initially this amendment will increase benefits which impact the Department's budget.  In the long run a cost savings should be expected for this population due to early detection of therapy needs.
4.	Compare the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction.
     See number 3 above.
5.	Determine whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule.
At this time there are no less costly methods or less intrusive methods for achieving the purpose of the proposed rule.
6.	Describe any alternative methods for achieving the purpose for the proposed rule that were seriously considered by the Department and the reasons why they were rejected in favor of the proposed rule.
There were no alternative methods considered for the proposed rule.
J.	Physical Therapy, Speech Therapy and Occupational Therapy shall be limited to 30 visits per diagnosis per year.  Effective November 1, 2007, Physical, Speech and Occupational Therapy services shall be unlimited for children from birth up to the child’s third birthday.
K.	Durable Medical Equipment shall be limited to the lesser of the purchase price or rental price for medically necessary durable medical equipment that shall not exceed two thousand dollars per year.
L.	Transplants must be medically necessary and are limited to:
1.	Liver;
2.	Heart;
3.	Heart/lung;
4.	Cornea;
5.	Kidney;