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 406-444-9503, or by email at dphhslegal@mt.gov

Americans With Disabilities Act (ADA) Accommodation

Emergency Rule Notices

Emergency Rule pertaining to vulnerable populations in assisted living facilities, MAR 37-924
Enforcement of the Emergency Rules began on July 13, 2020. The Department’s intent is to enforce the rules no longer than 120 days after the date of adoption.

Proposal Notices

Pertaining to Montana Telecommunications Access Program (MTAP) financial eligibility criteria, MAR 37-936
No public hearing is scheduled. Comment period ends December 18, 2020.

Pertaining to substantiation of abuse and neglect reports and disclosure of information, MAR 37-932
Public hearing is November 30, 2020. Comment period ends December 4, 2020.

Pertaining to updating Medicaid provider rates, fee schedules, and effective dates, MAR 37-933
Public hearing is November 30, 2020. Comment period ends December 4, 2020.

Pertaining to home support services (HSS) redesign, MAR 37-934
Public hearing is November 30, 2020. Comment period ends December 4, 2020.

Pertaining to Health and Economic Livelihood Partnership (HELP) Act, MAR 37-935
Public hearing is November 30, 2020. Comment period ends December 4, 2020.

Pertaining to automated external defibrillators (AED), MAR 37-931
Public hearing is October 29, 2020. Comment period ends November 6, 2020.

Pertaining to substantiation of abuse and neglect reports and disclosure of information, MAR 37-913
Public hearing is September 17, 2020. Comment period ends September 25, 2020.

Pertaining to low income energy assistance program (LIEAP), MAR 37-929
Public hearing is September 17, 2020. Comment period ends September 25, 2020.

Pertaining to trauma facility designation, MAR 37-930
Public hearing is September 22, 2020. Comment period ends September 25, 2020.

Pertaining to Medicaid rates and services, MAR 37-925
Public hearing scheduled August 27, 2020. Comment period ends September 4, 2020.

Pertaining to graduate medical education methodology changes, MAR 37-926
Public hearing scheduled August 27, 2020. Comment period ends September 4, 2020.

Pertaining to home and community-based services, MAR 37-928
Public hearing scheduled August 27, 2020. Comment period ends September 4, 2020.

Pertaining to child welfare prevention and support services contract enrollment and participation, MAR 37-908
No Public hearing is scheduled. Comment period ends July 24, 2020.

Pertaining to developmental disabilities program services, MAR 37-920
Public hearing scheduled July 16, 2020. Comment period ends July 24, 2020.

Pertaining to durable medical equipment order and record requirement update, MAR 37-921
Public hearing scheduled July 16, 2020. Comment period ends July 24, 2020.

Pertaining to Healthy Montana Kids dental benefits, MAR 37-922
Public hearing scheduled July 16, 2020. Comment period ends July 24, 2020.

Pertaining to flavored electronic smoking devices, MAR 37-923 (withdrawn)
Public hearing scheduled July 16, 2020. Comment period ends July 24, 2020.

Pertaining to nursing facility reimbursements, MAR 37-919
Public hearing scheduled June 18, 2020. Comment period ends June 26, 2020.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-916
Public hearing scheduled June 4, 2020. Comment period ends June 12, 2020.

Pertaining to AMDD Medicaid and non-Medicaid manual updates, MAR 37-917
Public hearing June 5, 2020. Comment period ends June 12, 2020.

Pertaining to home and community based services for adults with severe and disabling mental illness, MAR 37-918
Public hearing June 5, 2020. Comment period ends June 12, 2020.

Pertaining to updates for targeted case management, outpatient therapy, and reference revisions, MAR 37-911
Public hearing scheduled March 19, 2020.  Comment period ends March 27, 2020.

Pertaining to pools, spas, and other water features, MAR 37-902
Public hearing scheduled April 16, 2020.  Comment period ends April 24, 2020.

Pertaining to CSED program name change, MAR 37-912
Public hearing scheduled April 16, 2020.  Comment period ends April 24, 2020.

Pertaining to residency rules, MAR 37-914
Public hearing scheduled April 16, 2020.  Comment period ends April 24, 2020.

Pertaining to increase in rates and billing practices, MAR 37-910
Public hearing scheduled March 5, 2020.  Comment period ends March 13, 2020.

Pertaining to Montana medical marijuana program, MAR 37-907
Public hearing scheduled February 20, 2020.  Comment period ends February 28, 2020.

Pertaining to child care, MAR 37-904
Public hearing scheduled February 6, 2020.  Comment period ends February 14, 2020.

Healthy Learning Environments in Montana Public Schools, MAR 37-873

Hearing July 11, 2019 – Comment period extended to September 16, 2019

Healthy Learning Environments in Montana Public Schools, MAR 37-873
Hearing to be held July 11, 2019 – Comment period ends July 19, 2019

 

Back to Top

Amended Proposal Notices

Pertaining to updating Medicaid rates, fee schedules, and effective dates, MAR 37-933
Public hearing is November 39, 2020. Comment period ends December 4, 2020.

Back to Top

Adoption Notices

Pertaining to automated external defibrillators, MAR 37-931
No comments were received. Rule amendments are effective upon adoption.

Pertaining to low income energy assistance program (LIEAP), MAR 37-929
No comments were received. These rule amendments are effective retroactive to October 1, 2020.

Pertaining to trauma facility designation, MAR 37-930
Comments were received. These rule amendments are effective October 10, 2020.

Pertaining to Medicaid rates and services, MAR 37-925
Comments were received. These rule amendments are effective October 1, 2020.

Pertaining to graduated medical education methodology changes, MAR 37-926
Comments were received. These rule amendments are effective retroactive to August 1, 2020.

Pertaining to child prevention and support services contract enrollment and participation, MAR 37-908
No Comments were received.  These rule amendments are effective retroactive to July 1, 2019.

Pertaining to developmental disabilities program services manual updates, MAR 37-920
No Comments were received.  These rule amendments are effective retroactive to July 1, 2020.

Pertaining to durable medical equipment order and record requirement update, MAR 37-921
No Comments were received.  These rule amendments are effective retroactive to July 1, 2020.

Pertaining to Healthy Montana Kids dental benefits, MAR 37-922
No Comments were received.  These rule amendments are effective retroactive to July 1, 2020.

Pertaining to nursing facility reimbursement, MAR 37-919
Comments were received.  These rule amendments are effective retroactive to July 1, 2020.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-916
Comments were received.  These rule amendments are effective July 1, 2020.

Pertaining to AMDD Medicaid and non-Medicaid manual updates, MAR 37-917
Comments were received.  These rule amendments are effective July 1, 2020.

Pertaining to Home and Community Based Services for Adults with Severe and Disabling Mental Illness, MAR 37-918
Comments were received.  These rule amendments are effective July 1, 2020.

Pertaining to CSED division name change, MAR 37-912
No comments were received.  These rule amendments are effective retroactive to March 1, 2020.

Pertaining to pools, spas, and other water features, MAR 37-902
No comments were received.  These rule amendments are effective May 16, 2020.

Pertaining to Montana medical marijuana program, MAR 37-907
Comments were received.  Changes to the proposed amendments were made in response to comments. These rule amendments  are effective retroactive to January 1, 2020.

Pertaining to residency rules, MAR 37-914
No comments were received.  These rule amendments are effective April 1, 2020

Pertaining to child care, MAR 37-904
Comments were received.  These rule amendments and repeals are effective June 1, 2020.

Pertaining to targeted case management, outpatient therapy, and reference revisions, MAR 37-911
Comments were received.  Changes to the proposed amendments were in response to comments. These rule amendments and repeals are effective retroactive to March 1, 2020.

Pertaining to increase in rates and billing practices, MAR 37-910
Comments were received.  These rule amendments are effective retroactive to March 1, 2020.

Back to Top

Corrected Notices/Other Notices

Pertaining to substantiation of abuse and neglect reports and disclosure of information, MAR 37-913
Notice of withdrawal. Public hearing scheduled for September 17, 2020 was cancelled.

Pertaining to home and community-based services, MAR 37-928
Notice of withdrawal. The public hearing scheduled for August 27, 2020 was cancelled.

Pertaining to flavored electronic smoking devices, MAR 37-923
Notice of Withdrawal

Healthy Learning Environments in Montana Public School, Extend Comment Period – MAR 37-873
Comment period extended to September 16, 2019