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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

Integrated Co-Occurring Treatment Provider Requirements – MAR 37-763
Public Hearing – September 8, 2016; End of Comments – September 16, 2016
Effective Dates – Day after publication of final notice (posted 8/19/16)

The Removal of Dental Orthodontia Service Lifetime Limits in Medicaid Dental Services – MAR 37-766
Public Hearing – August 25, 2016; End of Comments – September 2, 2016
Effective Dates – Retroactive to July 1, 2016 (posted 8/04/16)

Child Care Assistance Provided Through the Best Beginnings Child Care Scholarship (BBCCS) Program – MAR 37-762
Public Hearing – August 25, 2016; End of Comments – September 2, 2016
Effective Dates – September 30, 2016 (posted 8/04/16)

The Reimbursement of Services Provided to Persons Who Are Recipients of Developmental Disabilities Services Funded by Medicaid – MAR 37-758
Public Hearing – August 25, 2016; End of Comments – September 2, 2016
Effective Dates – Retroactive to July 1, 2016 (posted 8/04/16)

Hospital Reimbursement and FQHC and RHC Definitions – MAR 37-765
Public Hearing – August 11, 2016; End of Comments – August 19, 2016
Effective Dates – October 1, 2016 (posted 7/21/16)

Formal and Informal Hearing and Appeal Procedures Concerning the Children's Mental Health Bureau – MAR 37-756
Public Hearing – July 28, 2016; End of Comments – August 5, 2016
Effective Dates – Day after publication of final notice (posted 7/08/16)

The Removal of Montana Child and Adolescent Needs and Strengths (CANS) Assessments for Mental Health Centers (MHC) Involving Comprehensive School and Community Treatment (CSCT) – MAR 37-755
Public Hearing – July 28, 2016; End of Comments – August 5, 2016
Effective Dates – Day after publication of final notice (posted 7/08/16)

Low Income Weatherization Assistance Program (LIWAP) for the 2014-2015 Heating Season and the 2015-2016 Heating Season – MAR 37-749
Public Hearing – July 28, 2016; End of Comments – August 5, 2016
Effective Date –  With the exception of the proposed changes to ARM 37.71.401 and ARM 37.71.601(5), (5)(a), and (6), the department intends to apply the amendments to these rules retroactively to July 1, 2016.  A retroactive application of the proposed amendments will not have a negative impact on any affected party, except the amendments to ARM 37.71.401 and ARM 37.71.601(5), (5)(a), and (6).  The amendments to those rules provide that priority for weatherization services will be based on a household's energy usage instead of its energy burden.  This new method of determining priority will cause some households to have a lower priority and other households to have a higher priority than under the current rules.  ARM 37.71.401 and ARM 37.71.601(5), (5)(a), and (6) will be effective the day after publication of the final adoption notice. (posted 7/08/16)

Updating Poverty Guidelines to 2016 Levels – MAR 37-759
Public Hearing – No Public Hearing Contemplated; End of Comments – July 15, 2016
Effective Date –  Retroactive to February 8, 2016 (posted 6/16/16)

Montana Medicaid Pharmacy Reimbursement – MAR 37-757
Public Hearing – July 7, 2016; End of Comments – July 15, 2016
Effective Dates –  Retroactive to July 1, 2016 – ARM 37.85.105(3)(f), 37.86.1105(3)(a), and 37.86.1105(4); October 1, 2016 – ARM 37.85.105(3)(a)(i) and (ii) (posted 6/16/16)

Trauma Care Councils and Registry – MAR 37-754
Public Hearing – June 23, 2016; End of Comments – July 1, 2016
Effective Date –  Day after publication of final notice (posted 6/3/16)

Creating the Montana Achieving a Better Life Experience (ABLE) Program – MAR 37-753
Public Hearing – June 9, 2016; End of Comments – June 17, 2016
Effective Date –  Retroactive July 1, 2016 (posted 5/20/16)

Children's Mental Health Bureau Medicaid Services Policy Manual Revisions – MAR 37-751
Public Hearing – May 26, 2016; End of Comments – June 3, 2016
Effective Date –  July 15, 2016 (posted 5/6/16)

Hospice Reimbursement and Updates – MAR 37-747
Public Hearing – May 26, 2016; End of Comments – June 3, 2016
Effective Date –  The department proposes to apply increases in the hospice reimbursement rates retroactively to January 1, 2016.  Decreases in hospice rates would not be applied retroactively, but would be effective upon adoption of the proposed rule amendment. (posted 5/6/16)

The Children's Special Health Services Financial Assistance Program – MAR 37-744
Public Hearing – No Public Hearing Contemplated; End of Comments – May 20, 2016
Effective Date –  Retroactive to March 31, 2016 (posted 4/22/16)

The Reduction of Application and Renewal Fees Associated with the Montana Marijuana Act Cardholder Registry – MAR 37-738
Public Hearing – March 10, 2016; End of Comments – March 18, 2016
Effective Date –  Day after publication of final notice  (posted 2/19/16)

 

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Amended Proposal Notices

None

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Adoption Notices

Montana Medicaid Pharmacy Reimbursement – MAR 37-757
Comments were received; Changes were made.
Effective Date – The effective date for ARM 37.85.105 is October 1, 2016.  The rule amendment in ARM 37.85.105(3)(f) is applied retroactively to July 1, 2016. The rule amendment in ARM 37.85.105(3)(a) is effective October 1, 2016. The effective date for the amendments to ARM 37.86.1105 is August 20, 2016.  The rule amendments in ARM 37.86.1105 are applied retroactively to July 1, 2016. (posted 8/19/16)

Trauma Care Councils and Registry – MAR 37-754
No comments were received; No changes were made.
Effective Date – August 20, 2016 (posted 8/19/16)

Children's Mental Health Bureau Medicaid Services Policy Manual Revisions – MAR 37-751
Comments were received; Changes were made.
Effective Date – August 6, 2016 (posted 8/04/16)

Hospice Reimbursement and Updates – MAR 37-747
No comments were received; No changes were made.
Effective Date – The department proposes to apply increases in the hospice reimbursement rates retroactively to January 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 proposed rule amendment. (posted 7/08/16)

The Reduction of Application and Renewal Fees Associated with the Montana Marijuana Act Cardholder Registry – MAR 37-738
No comments were received; No changes were made.
Effective Date – July 9, 2016 (posted 7/08/16)

 

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Corrected Notices

None

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