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 Temporary Rules pertaining to prohibiting sale of flavored vapor products, MAR 37-901
Enforcement of the Emergency Rules began on Wednesday, December 18, 2019 at 1:00 pm. The Department’s intent is to enforce the rules for a period of 120 days from this date ending April 15, 2020.

Proposal Notices

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
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.

Medicare rates, procedure codes and updating effective dates, MAR 37-899
The comment period is extended to January 3, 2020.

Pertaining to Healthcare Effectiveness Data and Information Set (HEDIS), MAR 37-906
Comment period ends January 24, 2020.

Pertaining to Hospice Rate Increase, MAR 37-900
Public Hearing scheduled for December 27, 2019. Comment period ends January 3, 2020.

Pertaining to Big Sky Rx MAR 37-903
Public Hearing scheduled for December 30, 2019. Comment period ends January 3, 2020.

Pertaining to member copayment, MAR 37-905
Public Hearing scheduled for December 12, 2019. Comment period ends December 20, 2019.

Inpatient and outpatient hospital reimbursement adjustors – MAR 37-893
Hearing set for December 3, 2019.  Comment period ends December 6, 2019

Updating Medicaid fee schedules with Medicare rates, procedure codes and updating effective dates – MAR 37-899
Hearing set for December 2, 2019.  Comment period ends December 6, 2019

Communicable Disease Control, MAR 37-887
Public Hearing – September 12.  End of comments on September 20, 2019

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

Wholesale Foods and Food Standards, MAR 37-847
Hearing to be held June 13, 2019, Comment period ends June 21, 2019

 

Amended Proposal Notices

Adoption Notices

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.

Pertaining to HEDIS, MAR 37-906
No comments were received.  These rules are effective retroactively to January 1, 2020.

Pertaining to healthy learning environments in Montana public schools, MAR 37-873
Comments were received.  These rule adoptions and amendments are effective January 17, 2020, except as otherwise stated within the rule adoption.

Pertaining to updating Medicaid fee schedules with Medicare rates, procedure codes and updating effective dates, MAR 37-899
Comments were received.  These rule amendments are effective retroactively to January 1, 2020.

Pertaining to hospice rate increase, MAR 37-900
No comments were received.  These rule amendments are effective retroactively to October 1, 2019.  Decreases in hospice rates will not be applied retroactively, but are effective January 17, 2020.

Pertaining to Big Sky Rx premium change, MAR 37-903
No comments were received.  These rule amendments are effective January 17, 2020.

Pertaining to member copayment, MAR 37-905
Comments were received.  These rule amendments are effective retroactively to January 1, 2020.

Inpatient and outpatient hospital reimbursement adjustors, MAR 37-893
No comments were received.  These rule adoptions and amendments are effective January 1, 2020.

Wholesale Foods and Food Standards, MAR 37-847
Comments were received. These rule adoptions and repeals are effective January 1, 2020.

Vital Records – MAR 37-896
Comments were received.  Rule amendments are effective January 1, 2020.

Communicable Disease Control, MAR 37-887
No comments were received.  The rule amendments are effective January 1, 2020.

 

Corrected Notices/Other Notices

Medical Marijuana Program, MAR 37-895

Notice of Proposal of Adoption of Temporary Rules and Amendment

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

Medicaid Rates, Services, and Benefit Changes, Corrected Notice – MAR 37-878