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

Proposal Notices

Medicaid Rates, Services, and Benefit Changes, MAR 37-888
Public Hearing – August 29th.  End of Comments – September 6, 2019

Updating Requirements to Limit Opioid Supply for Members without Cancer Diagnosis – MAR 37-865
Public Hearing – August 15, 2019.  End of Comments – August 23, 2019

Rural Health Clinics and Federally Qualified Health Centers – MAR 37-877
Public Hearing – August 15, 2019.  End of Comments – August 23, 2019

Youth Care Facilities – MAR 37-885
Public Hearing – August 15, 2019.  End of Comments – August 23, 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

Montana Trauma System Plan 2019, MAR 37-880
Hearing to be held July 11, 2019 – Comment period ends July 19, 2019

Migrating Billing to Medicaid Management Information System (MMIS), MAR 37-886
Hearing to be held June 28, 2019 – Comment period ends July 5, 2019

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

Medicaid Rates, Services, and benefit Changes, MAR 37-878
Hearing to be held June 13, 2019 – Comment period ends June 21, 2019

Nursing Facility Reimbursement, MAR 37-882
Hearing to be held June 13, 2019 – Comment period ends June 21, 2019

Updating the federal poverty index guidelines for the Montana Telecommunications Access Program (MTAP) – MAR 37-883
No hearing contemplated – Comments due June 7, 2019

Update of the Healthcare Effectiveness Data and Information Set (HEDIS) – MAR 37-874
No public hearing contemplated
Effective Date – Day after publication of Adoption Notice.

Updating the Composite Rate for Outpatient Maintenance Dialysis Clinic – MAR 37-875
Public Hearing, February 14, 2019             End of Comments – February 22, 2019

Clinic Services Requirements - MAR 37-872
Public hearing – January 31, 2019        End of comments – February 8, 2019

Adult Protective Services – MAR 37-876
Public Hearing – January 31, 2019        End of comments – February 8, 2019

Home Health Program – MAR 37-849
Public Hearing – December 6, 2018  End of Comments – December 14, 2018

Big Sky Rx – MAR 37-867
Public Hearing – December 6, 2018  End of Comments – December 14, 2018
The department intends these amendments to be effective January 1, 2019

Hospice Reimbursement – MAR 37-868
Public Hearing – December 6, 2018  End of Comments – December 14, 2018
The department proposes to apply increases in the hospice reimbursement rates retroactively to October 1, 2018

Pools, Spas, and Other Water Features – MAR 37-871
No public hearing contemplated
The department proposes a January 1, 2019 effective date to coincide with MAR 37-850

Updating the Effective Dates of Medicaid Fee Schedules – MAR 37-869
Public Hearing – November 8, 2018.  End of comments – November 16, 2018

Updated Medicaid rates Manual – MAR 37-870
Public Hearing – November 8, 2018.  End of comments – November 16, 2018

Eating Disorder Centers – MAR 37-829
Public Hearing - October 11, 2018.  End of Comments – October 19, 2018.
Effective Date – Day after publication of Adoption Notice.  (posted 9/21/18)

Breast and Cervical Cancer Treatment Program – MAR 37-857
Public Hearing – October 11, 2018.  End of Comments – October 19, 2018.
Effective Date:  Day after publication of Adoption Notice.  (posted 9/21/18)

Nursing Facilities Reimbursement – MAR 37-866
Public Hearing – October 12, 2018.  End of Comments – October 19, 2018.
Effective Date – July 1, 2018.  (posted 9/21/18)

Updating the effective dates of non-Medicaid and Medicaid fee schedules - MAR 37-863
Public Hearing - September 27, 2018  End of Comments – October 5, 2018
Effective Date – With the exception of the amendments to ARM 37.85.105(3)(e) and 37.86.1006, the department intends to apply these rule amendments retroactively to July 1, 2018.  The department intends to apply the amendments to ARM 37.85.105(3)(e) and 37.86.1006 retroactively to October 1, 2018.  A retroactive application of the proposed rule amendments does not result in a negative impact to any affected party.  (posted 9/6/18)

Child Care and Development Block Grant Reauthorization Act
requirements for child care facilities - MAR 37-858

Public Hearing - August 31, 2018  End of Comments – September 10, 2018
Effective Date – Day after publication of the Notice of Adoption (posted 8/8/18)

Low Income Energy Assistance Program (LIEAP) - MAR 37-848
Public Hearing - August 30, 2018  End of Comments – September 7, 2018
Effective Date – The department intends to apply ARM 37.70.311, 37.70.401(1) and (1)(a), and 37.70.407 retroactively to October 1, 2017.  A retroactive application of these proposed rule amendments does not result in a negative impact to any affected party.

The department intends to apply ARM 37.70.305, 37.70.401(25), 37.70.402(7), 37.70.406(1), 37.70.406(2), 37.70.408, 37.70.601, and 37.70.607 retroactively to July 1, 2018.  A retroactive application of these proposed rules does not result in a negative impact to any affected party.
Rule amendments to ARM 37.70.401(5) and (23), 37.70.402(2), (3), (4), and (10), and 37.70.406(1) (the reference to General Assistance) and ARM 37.70.406(2) will be effective the day after publication of the adoption notice. (posted 8/8/18)

Low income weatherization assistance program (LIWAP) - MAR 37-846
Public Hearing - August 30, 2018  End of Comments – September 7, 2018
Effective Date – The department intends to apply ARM 37.71.601(10) and 37.71.602 retroactively to July 1, 2018.  A retroactive application of these proposed rules does not result in a negative impact to any affected party.  ARM 37.71.102, 37.71.301, 37.71.401, and 37.71.601(5), (5)(a), and (6) will be effective the day after publication of the adoption notice. (posted 8/8/18)

Nursing facility reimbursement rates for state fiscal year 2019 - MAR 37-861
Public Hearing - August 31, 2018  End of Comments – September 10, 2018
Effective Date – Retroactive to September 1, 2018  (posted 8/7/18)

MAR 37-861 was WITHDRAWN August 24, 2018 (see Notice of Decision listed below)

Updating the effective dates of non-Medicaid and Medicaid fee schedules - MAR 37-859
Public Hearing - August 30, 2018  End of Comments – September 7, 2018
Effective Date – Retroactive to September 1, 2018  (posted 8/7/18)

MAR 37-859 was WITHDRAWN August 24, 2018 (see Notice of Decision listed below)

Updates to Rules Pertaining to Pools, Spas, and Other Water Features - MAR 37-850
Public Hearing - August 13, 2018  End of Comments – August 17, 2018
Effective Date – Day after publication of the Notice of Adoption (posted 7/20/18)

Financial Assistance for Children and Youth With Special Health Care Needs - MAR 37-855
Public Hearing - July 26, 2018  End of Comments – August 3, 2018
Effective Date – The department intends to apply these rule amendments retroactively to August 1, 2018.  A retroactive application of the proposed rule amendments does not result in a negative impact to any affected party.  (posted 7/5/18)

Emergency Medical Service Records and Reports - MAR 37-822
Public Hearing – July 26, 2018  End of Comments – August 3, 2018
Effective Date – Day after publication of the Notice of Adoption (posted 7/5/18)

Updating Medicaid Fee Schedules and Effective Dates - MAR 37-854
Public Hearing – July 12, 2018  End of Comments – July 20, 2018
Effective Date – The department will apply the rule amendments described in ARM 37.85.105(3)(l) and (3)(z) retroactively to July 1, 2018, and the rule amendments described in ARM 37.85.105(4)(a) and (5)(b) retroactively to July 15, 2018. Neither retroactive application of the proposed rule amendments results in a negative impact to any affected party.  (posted 6/21/18)

Home and Community-Based Services (HCBS) Waiver Programs - MAR 37-852
Public Hearing – July 12, 2018  End of Comments – July 20, 2018
Effective Date – The PDN rate increase will take effect retroactive to July 15, 2018, as described above, and as set forth in the manual.  The department will apply all other rule amendments retroactively to July 1, 2018, which is the effective date of the revised manual.  Neither retroactive application of the proposed rule amendments results in a negative impact to any affected party.  (posted 6/21/18)

Nursing Facility Reimbursement Rates for State Fiscal Year 2019 - MAR 37-845
Public Hearing – June 14, 2018  End of Comments – June 22, 2018
Effective Date – The department intends to apply these rule amendments effective July 1, 2018.  (posted 5/23/18)

Montana Medical Marijuana Program - MAR 37-839
Public Hearing – May 3, 2018  End of Comments – May 11, 2018
Effective Date –  The department intends to apply these rule amendments retroactively to April 10, 2018. (posted 4/13/18)

 

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Amended Proposal Notices

Low Income Weatherization Assistance Program (LIWAP) – MAR 37-879
Hearing to be held April 19, 2019  – Comment Period to end April 26, 2019.

Healthy Montana Kids (HMK) Dental Benefits – MAR 37-881
Hearing to be held April 19, 2019 – Comment Period to end April 26, 2019.

Clinic Services Requirements – MAR 37-872
Comments were received.  Amendments are effective upon publication of this notice.

Updating the Composite Rate for Outpatient Maintenance Dialysis Clinic – MAR 37-875
No comments were received.  The rule amendment is effective April 1, 2019.

Adult Protective Services – MAR 37-876
No comments were received.  The rule amendments are effective March 30, 2019.


 

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Adoption Notices

Montana Trauma System Plan 2019, MAR 37-880
No comments were received.  The rule amendment is effective upon publication.

Medicaid Management Information System (MMIS), MAR 37-886
Comments were received.  Effective July 1, 2019, the department will reference the Montana Developmental Disabilities Program Services Manual

Medicaid Rates, Services, and Benefit Changes – MAR 37-878
Comments were received – The department intends to apply these rule amendments retroactively to July 1, 2019

Nursing Facility Reimbursement – MAR 37-882
Comments were received – The department intends to apply this rule amendment retroactively to July 1, 2019.

Updating the Federal Poverty Index Guidelines for the Montana Telecommunications Access Program (MTAP)
No comments were received.  The department will apply the rule amendment retroactively to February 1, 2019.

Healthcare Effectiveness Data and Information Set (HEDIS) – MAR 37-874
No comments were received.  The department intends to apply this rule amendment retroactively to January 1, 2019. 

Pertaining to Home Health Program - MAR 37-849
Comments were received.  The department intends these amendments to be effective upon publication. 

Big Sky Rx - MAR 37-867
No comments were received.  The department intends to apply these amendments effective January 1, 2019.

Hospice Reimbursement - MAR 37-868
No comments were received.  The department intends to apply increases in the hospice reimbursement rates retroactively to October 1, 2018.  Decreases to hospice rates would not be applied retroactively, but will be effective upon adoption of the rule amendment. 

Pools, Spas, and Other Water Features - MAR 37-871
No comments were received.  The department intends to apply this rule amendment retroactively to January 1, 2019.  

Updated Medicaid Rates Manual, MAR 37-870
Comments were received.  The department intends to apply this rule amendment retroactively to July 1, 2018. 

Updating the Effective Dates of Medicaid Fee Schedules – MAR 37-869
Comments were received.  The effective date of this rulemaking is January 1, 2019.

Eating Disorder Centers, MAR 37-829
Comments were received.  The effective date of this rulemaking is November 3, 2018.

Pools, Spas, and Other Water Features, MAR 37-850
Comments were received.  The effective date of this rulemaking is January 1, 2019.

Breast and Cervical Cancer Treatment, MAR 37-857
No comments were received.  The effective date of this rulemaking is November 3, 2018.

Nursing Facilities Reimbursement, MAR 37-866
Comments were received.  The department intends to apply this rule amendment retroactively to July 1, 2018.

Updating the Effective Dates of non-Medicaid and Medicaid Fee Schedules – MAR 37-863
Comments were received.  With the exception of the changes in ARM 37.85.105(3)(e) and 37.86.1006 (restoring certain high-cost dental procedures), the department intends to apply these rule amendments retroactively to July 1, 2018.  The department intends to apply the changes in ARM 37.85.105(3)(e) and 37.86.1006 retroactively to October 1, 2018. 

 

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Corrected Notices/Other Notices

 

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