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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

 

Adult Mental Health and Substance Use Disorder  – MAR 37-835
Public Hearing - March 1, 2018  End of Comments – March 9, 2018
Effective Date –  April 1, 2018 (posted 2/8/18)

Passport to Health Program Updates and the Repeal of Health Improvement Program Rules  – MAR 37-833
Public Hearing - March 2, 2018  End of Comments – March 9, 2018
Effective Date –  April 1, 2018 (posted 2/8/18)

Increase of Laboratory Fees  – MAR 37-832
No Public Hearing Contemplated  End of Comments – March 9, 2018
Effective Date –  April 1, 2018 (posted 2/8/18)

Updating Residential Treatment Facilities Rules  – MAR 37-824
Public Hearing - March 1, 2018  End of Comments – March 9, 2018
Effective Date –  Day after publication of the final adoption notice (posted 2/8/18)

Expanding the Children's Special Health Services  – MAR 37-800
No Public Hearing Contemplated  End of Comments – March 9, 2018
Effective Date –  Retroactive to July 1, 2017 (posted 2/8/18)

Medicaid Rate, Service, and Benefit Changes  – MAR 37-828
Public Hearing – February 1, 2018  End of Comments – February 9, 2018
Effective Date –  March 1, 2018 (posted 1/12/18)

The Child Care Assistance Program's Implementation of Amendments to the Child Care and Development Block Grant Act
and Final Rules at 45 CFR Part 98  – MAR 37-827

Public Hearing – January 12, 2018  End of Comments – January 19, 2018
Effective Date –  Day after publication of the final adoption notice (posted 12/22/17)

Low Income Energy Assistance Program (LIEAP)  – MAR 37-823
Public Hearing – December 14, 2017  End of Comments – December 22, 2017
Effective Date –  Retroactive to October 1, 2017 (posted 11/21/17)

The Federal Child Care and Development Block Grant Reauthorization Act, Disaster and Emergency Planning, and Health and Safety Requirements for Child Care Facilities  – MAR 37-811
Public Hearing – December 15, 2017  End of Comments – December 22, 2017
Effective Date –  Day after publication of the final adoption notice (posted 11/21/17)

Montana Medical Marijuana Program  – MAR 37-820
Public Hearing – November 30, 2017  End of Comments – December 7, 2017
Effective Date –  Day after publication of the final adoption notice (posted 11/9/17)

Direct Care Wage Effective Dates  – MAR 37-818
​Public Hearing – November 29, 2017  End of Comments – December 7, 2017
Effective Date – January 1, 2018 (posted 11/9/17)

Revisions In Immunization Requirements For Attendance In Child Care Facilities And In Foster Homes  – MAR 37-814
Public Hearing – December 4, 2017  End of Comments – December 7, 2017
Effective Date – June 1, 2018 (posted 11/9/17)

Physician-Related Services Manual  – MAR 37-812
Public Hearing – November 29, 2017  End of Comments – December 7, 2017
Effective Date – The department intends to apply this rule amendment retroactively to December 1, 2017.  A retroactive application of the proposed rule amendment does not result in a negative impact to any affected party. (posted 11/9/17)

Updating Medicaid Fee Schedules with Medicare Rates and Updating Effective Dates  – MAR 37-810
Public Hearing – December 5, 2017  End of Comments – December 7, 2017
Effective Date – With the exception of the FQHC and RHC fee schedules in (3)(u), the proposed rule amendments will be effective January 1, 2018.  The FQHC and RHC fee schedules in (3)(u) will be effective retroactively to July 1, 2017.  There is no adverse impact to providers for this retroactive effective date. (posted 11/9/17)

Child Support Guidelines for the Calculation of Support Obligations  – MAR 37-809
Public Hearing – November 2, 2017  End of Comments – November 10, 2017
Effective Date – Day after publication of the final adoption notice (posted 10/13/17)

Health and Economic Livelihood Partnership (HELP) Program  – MAR 37-808
Public Hearing – November 6, 2017  End of Comments – November 10, 2017
Effective Date – January 1, 2018 (posted 10/13/17)

Amendment of Birth Certificate Gender Designations and Issuance of a Replacement Certificate - MAR 37-807
Public Hearing - October 12, 2017 End of Comments - October 20, 2017
Effective Date - December 9, 2017 (posted 9/20/17)

NEW RULE I Revising Nursing Facility Reimbursement Rates for State Fiscal Year 2018 – MAR 37-805
Public Hearing – August 15, 2017 End of Comments – August 18, 2017
Effective Date – October 1, 2017 (posted 7/21/17)

Amendments To Fee Schedules – MAR 37-802
Public Hearing – July 27, 2017 End of Comments – August 4, 2017
Effective Date – October 1, 2017 (posted 7/7/17)

Behavioral Health Targeted Case Management Fee Schedule  – MAR 37-801
Public Hearing – July 27, 2017 End of Comments – August 4, 2017
Effective Date – October 1, 2017 (posted 7/7/17)

Updating the Effective Dates of Non-Medicaid and Medicaid Fee Schedules to October 1, 2017  – MAR 37-788 
Public Hearing – July 27, 2017 End of Comments – August 4, 2017
Effective Date – October 1, 2017 (posted 7/7/17)

Updating Durable Medical Equipment Rules to Reflect a Sole-Source Provider for the Purchase of Breast Pumps – MAR 37-797
Public Hearing – June 29, 2017 End of Comments – July 7, 2017
Effective Date – August 1, 2017 (posted 6/09/17)

 

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Amended Proposal Notices

 

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Adoption Notices

 

Montana Medical Marijuana Program – MAR 37-820
Comments were received; Changes were made
Effective Date – April 10, 2018 (posted 2/8/18)

Federal Child Care and Development Block Grant Reauthorization Act, Disaster and Emergency Planning, and Health and Safety Requirements for Child Care Facilities – MAR 37-811
Comments were received; Changes were made
Effective Date – February 10, 2018 (posted 2/8/18)

Direct Care Wage Effective Dates – MAR 37-818
No comments were received; No changes were made
Effective Date – Retroactive to January 1, 2018 (posted 1/26/18)

Revisions in Immunization Requirements for Attendance in Child Care Facilities and in Foster Homes – MAR 37-814
Comments were received; Changes were made
Effective Date – June 1, 2018 (posted 1/26/18)

Updating Durable Medical Equipment Rules to Reflect a Sole-Source Provider for the Purchase of Breast Pumps – MAR 37-797
Comments were received; No changes were made
Effective Date – January 27, 2018 (posted 1/26/18)

Low Income Energy Assistance Program (LIEAP) – MAR 37-823
No comments were received; No changes were made
Effective Date – Retroactive to October 1, 2017 (posted 1/12/18)

Physician-Related Services Manual – MAR 37-812
No comments were received; No changes were made
Effective Date – Retroactive to December 1, 2017 (posted 12/22/17)

Updating Medicaid Fee Schedules with Medicare Rates and Updating Effective Dates – MAR 37-810
Comments were received; Changes were made
Effective Date – January 1, 2018 (posted 12/22/17)

Child Support Guidelines for the Calculation of Support Obligations – MAR 37-809
Comments were received; Changes were made
Effective Date – Day after publication of the final adoption notice (posted 12/22/17)

The Amendment of Birth Certificate Gender Designations and Issuance of a Replacement Certificate – MAR 37-807
​Comments were received; No changes were made
Effective Date – Retroactive to December 9, 2017 (posted 12/22/17)

Health And Economic Livelihood Partnership (HELP) Program – MAR 37-808
No comments were received; No changes were made
Effective Date – January 1, 2018 (posted 12/8/17)

Revising Nursing Facility Reimbursement Rates for State Fiscal Year 2018 – MAR 37-805
Comments were received; Changes were made
Effective Date – January 1, 2018 (posted 12/8/17)

Amendments to Fee Schedules – MAR 37-802
Comments were received; Changes were made
Effective Date – January 1, 2018 (posted 12/8/17)

Behavioral Health Targeted Case Management Fee Schedule – MAR 37-801
Comments were received; Changes were made
Effective Date – January 1, 2018 (posted 12/8/17)

Updating the Effective Dates of Non-Medicaid and Medicaid Fee Schedules to January 1, 2018 – MAR 37-788
Comments were received; Changes were made
Effective Date – January 1, 2018 (posted 12/8/17)

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Corrected Notices/Other Notices

Extension of Comment Period Notice:

Updating Durable Medical Equipment Rules to Reflect a Sole-Source Provider for the Purchase of Breast Pumps– MAR 37-797
End of comment period extended to – December 1, 2017
Effective Date – Day after publication of the final adoption notice  (posted 11/21/17)

 

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