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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

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)

Updating Direct Care Wage Effective Dates and Reimbursement Updates Effective January 1, 2017 – MAR 37-776
No Public Hearing Contemplated  End of Comments – January 6, 2017
Effective Date – Retroactive to January 1, 2017 (posted 12/09/16)

Updating Child Support Enforcement Rules – MAR 37-778
Public Hearing – December 15, 2016; End of Comments – December 23, 2016
Effective Date – Day after publication of final notice (posted 11/23/16)

Medicaid Cost Share – MAR 37-780
Public Hearing – November 30, 2016; End of Comments – December 8, 2016
Effective Date – Retroactively to June 1, 2016 (posted 11/09/16)

Adding a New Provider Called Mobile Imaging/Portable X-Ray Provider Type and Reimbursement for State Fiscal Year 2017 – MAR 37-777
Public Hearing – November 17, 2016; End of Comments – November 25, 2016
Effective Date – January 1, 2017 (posted 10/28/16)

Updating Medicaid Fee Schedules with Medicare Rates and Updating Effective Dates To July 1, 2016 and January 1, 2017 – MAR 37-773
Public Hearing – November 17, 2016; End of Comments – November 25, 2016
Effective Date – The following rule amendments are proposed to be effective January 1, 2017:  ARM 37.85.104(1)(c), 37.85.105(2)(a), 37.85.105(2)(b), 37.85.105(3)(c), 37.85.105(3)(l), 37.85.105(3)(s), 37.85.105(3)(u), 37.85.105(3)(v), 37.85.105(4)(a), and 37.85.105(6)(a).  The department intends to apply these rules retroactively to July 1, 2016:  ARM 37.85.105(3)(w) and 37.85.105(3)(x).  A retroactive application of the proposed rules does not result in a negative impact to any affected party. (posted 10/28/16)

Maximum Big Sky Rx Premium Change – MAR 37-774
Public Hearing – November 3, 2016; End of Comments – November 11, 2016
Effective Date – January 1, 2017 (posted 10/14/16)

Inpatient Hospital Reimbursement – MAR 37-772
Public Hearing – November 3, 2016; End of Comments – November 11, 2016
Effective Date – January 1, 2017 (posted 10/14/16)

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)

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)

 

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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

Updating Direct Care Wage Effective Dates and Reimbursement Dates Effective January 1, 2017 – MAR 37-776
No comments were received; No changes were made.
Effective Date – Retroactive to July 1, 2017.  (posted 2/3/17)

Updating Child Support Enforcement Rules – MAR 37-778
No comments were received; No changes were made.
Effective Date – Day after publication of final adoption notice.  (posted 1/20/17)

The Removal of Dental Orthodontia Service Lifetime Limits in Medicaid Dental Services – MAR 37-766
No comments were received; No changes were made.
Effective Date – Retroactive to July 1, 2016.  (posted 1/20/17)

Medicaid Cost Share – MAR 37-780
One comment was received; No changes were made.
Effective Date – Retroactive to June 1, 2016.  (posted 1/06/17)

Adding a New Provider Called Mobile Imaging/Portable X-Ray Provider Type and Reimbursement for State Fiscal Year 2017 – MAR 37-777
No comments were received; No changes were made.
Effective Date – January 1, 2017.  (posted 12/23/16)

Maximum Big Sky Rx Premium Change – MAR 37-774
One comment was received; No changes were made.
Effective Date – January 1, 2017.  (posted 12/23/16)

Updating Medicaid Fee Schedules with Medicare Rates and Updating Effective Dates to July 1, 2016 and January 1, 2017 – MAR 37-773
Comments were received; No changes were made. Effective Date – The following rule amendments are effective January 1, 2017:  ARM 37.85.104(1)(c), 37.85.105(2)(a), 37.85.105(2)(b), 37.85.105(3)(c), 37.85.105(3)(l), 37.85.105(3)(r), 37.85.105(3)(s), 37.85.105(3)(u), 37.85.105(3)(v), 37.85.105(4)(a), and 37.85.105(6)(a). The department intends to apply these rules retroactively to July 1, 2016:  ARM 37.85.105(3)(w) and 37.85.105(3)(x).  A retroactive application of the proposed rules does not result in a negative impact to any affected party. (posted 12/23/16)

Inpatient Hospital Reimbursement – MAR 37-772
Comments were received; No changes were made.
Effective Date – January 1, 2017.  (posted 12/23/16)

 

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Corrected Notices/Other Notices

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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