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Administrative Rules

Department of Public Health and Human Services
Administrative Rules

Administrative Rules Notices

The official versions of Montana's administrative rule notices are published in the Montana Administrative Register by the Administrative Rules Services Unit of the Montana Secretary of State's office. For ease of access and use, all current or pending administrative rule notices for the Department of Public Health and Human Services are also available here. All prior published rulemaking notices may be found at the Secretary of State's webpage using the link above, or copies may be requested by calling (406) 444-2055. Notices are listed in order from the most recent and are provided in PDF format.

Each proposal notice includes the proposed new rules, rule changes, or repeals, and a statement of reasonable necessity for the proposed rulemaking; date and location of public hearing (if scheduled); deadline for written comments; instructions for requesting a reasonable accommodation to participate in the rulemaking process; and instructions for requesting placement on an interested persons mailing list. Notices of final rule actions are posted after the public comment period ends.

Administrative Rules of Montana

An online version of the Administrative Rules of Montana, as published by the Secretary of State, may be viewed here: Administrative Rules of Montana

Information

For more information about the Department’s administrative rules or its rulemaking process, contact the Department’s Office of Legal Affairs by calling (406) 444-4094, or by email at dphhslegal@mt.gov

Americans With Disabilities Act (ADA) Accommodation

Proposal Notices

 

Healthcare Effectiveness Data and Information Set (HEDIS) Measures – MAR 37-786
No Public Hearing Contemplated;  End of Comments – April 21, 2017
Effective Date – Retroactive to January 1, 2017 (posted 3/24/17)

Clarifying the Definition of Severe Disabling Mental Illness – MAR 37-785
Public Hearing – March 30, 2017  End of Comments – April 7, 2017
Effective Date – Day after publication of final notice (posted 3/10/17)

The Creation and Administration of the Senior Farmers' Market Nutrition Program (SFMNP) – MAR 37-781
Public Hearing – March 30, 2017  End of Comments – April 7, 2017
Effective Date – Day after publication of final notice (posted 3/10/17)

Specifying the Location of Minimum Scheduled Face-to-Face Contacts Within a Home and Community Environment MAR 37-784
Public Hearing – March 9, 2017  End of Comments – March 17, 2017
Effective Date – Day after publication of final notice (posted 2/17/17)

Periodic Update of Administrative Rules Related to the Reporting and Control of Communicable Disease – MAR 37-775
Public Hearing – February 23, 2017  End of Comments – March 3, 2017
Effective Date – Retroactively to July 1, 2016 (posted 2/3/17)

Hospice Reimbursement – MAR 37-783
Public Hearing – January 26, 2017  End of Comments – February 3, 2017
Effective Date – Day after publication of final notice (posted 1/06/17)

Surveillance and Utilization Review Section (SURS) Program-Integrity Activities to Prevent, Identify, and Recover Erroneous Medicaid Payments as Outlined Under Federal or State Law – MAR 37-782
Public Hearing – March 9, 2017  End of Comments – March 31, 2017
Effective Date – Day after publication of final notice (posted 1/06/17)

Annual Training Requirements for Child Care Facilities – MAR 37-769
Public Hearing – October 13, 2016; End of Comments – October 21, 2016
Effective Date – Day after publication of final notice (posted 9/23/16)

 

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Amended Proposal Notices

Annual Training Requirements For Child Care Facilities – MAR 37-769
Comments were received; Changes were made;  Comment period extended to December 5, 2016
Effective Date – Day after publication of final notice  (posted 11/23/16)

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Adoption Notices

The Periodic Update of Administrative Rules Related to the Reporting and Control of Communicable Disease – MAR 37-775
Comments were received; Changes were made.
Effective Date – Retroactive to July 1, 2016  (posted 3/24/17)

Hospice Reimbursement – MAR 37-783
No comments were received; No changes were made.
Effective Date – The department intends to apply increases in the hospice reimbursement rates retroactively to October 1, 2016.  The implementation date of the rate increase is consistent with the federal approval of the hospice reimbursement rate fee increase and the effective dates of the promulgated federal regulations.  Decreases in hospice rates will not be applied retroactively, but will be effective upon adoption of the rule amendment.  (posted 3/10/17)

 

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Corrected Notices/Other Notices

Surveillance and Utilization Review Section (SURS) Program-Integrity Activities to Prevent, Identify, and Recover Erroneous Medicaid Payments as Outlined Under Federal or State Law – MAR 37-782
The department is withdrawing these proposed rules that address standards and requirements for Medicaid overpayment audits.
Effective Date – Day after publication of this notice.  (posted 4/14/17)

Annual Training Requirements for Child Care Facilities – MAR 37-769
The department has decided to withdraw this proposal notice and will work with providers and department staff to publish a new proposal notice.
Effective Date – Day after publication of this notice.  (posted 2/3/17)

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