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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

Low Income Energy Assistance Program (LIEAP)  – MAR 37-823
Public Hearing – December 14, 2017  End of Comments – December 22, 2017
Effective Date –  Retroactive to October 1, 2017 (posted 11/21/17)

The Federal Child Care and Development Block Grant Reauthorization Act, Disaster and Emergency Planning, and Health and Safety Requirements for Child Care Facilities  – MAR 37-811
Public Hearing – December 15, 2017  End of Comments – December 22, 2017
Effective Date –  Day after publication of the final adoption notice (posted 11/21/17)

Montana Medical Marijuana Program  – MAR 37-820
Public Hearing – November 30, 2017  End of Comments – December 7, 2017
Effective Date –  Day after publication of the final adoption notice (posted 11/9/17)

Direct Care Wage Effective Dates  – MAR 37-818
​Public Hearing – November 29, 2017  End of Comments – December 7, 2017
Effective Date – January 1, 2018 (posted 11/9/17)

Revisions In Immunization Requirements For Attendance In Child Care Facilities And In Foster Homes  – MAR 37-814
Public Hearing – December 4, 2017  End of Comments – December 7, 2017
Effective Date – June 1, 2018 (posted 11/9/17)

Physician-Related Services Manual  – MAR 37-812
Public Hearing – November 29, 2017  End of Comments – December 7, 2017
Effective Date – The department intends to apply this rule amendment retroactively to December 1, 2017.  A retroactive application of the proposed rule amendment does not result in a negative impact to any affected party. (posted 11/9/17)

Updating Medicaid Fee Schedules with Medicare Rates and Updating Effective Dates  – MAR 37-810
Public Hearing – December 5, 2017  End of Comments – December 7, 2017
Effective Date – With the exception of the FQHC and RHC fee schedules in (3)(u), the proposed rule amendments will be effective January 1, 2018.  The FQHC and RHC fee schedules in (3)(u) will be effective retroactively to July 1, 2017.  There is no adverse impact to providers for this retroactive effective date. (posted 11/9/17)

Child Support Guidelines for the Calculation of Support Obligations  – MAR 37-809
Public Hearing – November 2, 2017  End of Comments – November 10, 2017
Effective Date – Day after publication of the final adoption notice (posted 10/13/17)

Health and Economic Livelihood Partnership (HELP) Program  – MAR 37-808
Public Hearing – November 6, 2017  End of Comments – November 10, 2017
Effective Date – January 1, 2018 (posted 10/13/17)

Amendment of Birth Certificate Gender Designations and Issuance of a Replacement Certificate - MAR 37-807
Public Hearing - October 12, 2017 End of Comments - October 20, 2017
Effective Date - December 9, 2017 (posted 9/20/17)

NEW RULE I Revising Nursing Facility Reimbursement Rates for State Fiscal Year 2018 – MAR 37-805
Public Hearing – August 15, 2017 End of Comments – August 18, 2017
Effective Date – October 1, 2017 (posted 7/21/17)

Low-Income Weatherization Assistance Program (LIWAP) – MAR 37-804
Public Hearing – August 10, 2017 End of Comments – August 18, 2017
Effective Date – The department intends to apply ARM 37.71.601 and 37.71.602 retroactively to July 1, 2017. A retroactive application of the proposed rules does not result in a negative impact to any affected party. Rule amendments to ARM 37.71.701 and 37.71.110 are effective the day after publication of the final notice of adoption. (posted 7/21/17)

Amendments To Fee Schedules – MAR 37-802
Public Hearing – July 27, 2017 End of Comments – August 4, 2017
Effective Date – October 1, 2017 (posted 7/7/17)

Behavioral Health Targeted Case Management Fee Schedule  – MAR 37-801
Public Hearing – July 27, 2017 End of Comments – August 4, 2017
Effective Date – October 1, 2017 (posted 7/7/17)

Updating the Effective Dates of Non-Medicaid and Medicaid Fee Schedules to October 1, 2017  – MAR 37-788 
Public Hearing – July 27, 2017 End of Comments – August 4, 2017
Effective Date – October 1, 2017 (posted 7/7/17)

Clarifying Contents of Healthy Montana Kids (HMK) Evidence of Coverage and Adopting the Medicaid Ambulance Contracts – MAR 37-743
Public Hearing – July 14, 2017 End of Comments – July 21, 2017
Effective Date – September 1, 2017 (posted 6/23/17)

Updating Durable Medical Equipment Rules to Reflect a Sole-Source Provider for the Purchase of Breast Pumps – MAR 37-797
Public Hearing – June 29, 2017 End of Comments – July 7, 2017
Effective Date – August 1, 2017 (posted 6/09/17)

New Rules I, II, and III and the Amendment of ARM 37.86.4412 Pertaining to the Promising Pregnancy Care Program  – MAR 37-793
Public Hearing – June 1, 2017  End of Comments – June 9, 2017
Effective Date – Retroactive to July 1, 2017 (posted 5/08/17)

 

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Amended Proposal Notices

 

Promising Pregnancy Care Program – MAR 37-793
End of comment period extended to – October 27, 2017
Effective Date – Retroactive to July 1, 2017  (posted 10/13/17)

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Adoption Notices

 

Health And Economic Livelihood Partnership (HELP) Program – MAR 37-808
No comments were received; No changes were made
Effective Date – January 1, 2018 (posted 12/8/17)

Revising Nursing Facility Reimbursement Rates for State Fiscal Year 2018 – MAR 37-805
Comments were received; Changes were made
Effective Date – January 1, 2018 (posted 12/8/17)

Amendments to Fee Schedules – MAR 37-802
Comments were received; Changes were made
Effective Date – January 1, 2018 (posted 12/8/17)

Behavioral Health Targeted Case Management Fee Schedule – MAR 37-801
Comments were received; Changes were made
Effective Date – January 1, 2018 (posted 12/8/17)

Promising Pregnancy Care Program – MAR 37-793
Comment was received; No changes were made
Effective Date – Retroactive to July 1, 2017 (posted 12/8/17)

Updating the Effective Dates of Non-Medicaid and Medicaid Fee Schedules to January 1, 2018 – MAR 37-788
Comments were received; Changes were made
Effective Date – January 1, 2018 (posted 12/8/17)

Low-Income Weatherization Assistance Program (LIWAP) – MAR 37-804
No comments were received; No changes were made
Effective Date – The department intends to apply ARM 37.71.601 and 37.71.602 retroactively to July 1, 2017.  A retroactive application of the proposed rules does not result in a negative impact to any affected party.  Rule amendments to ARM 37.71.107 and 37.71.110 are effective the day after publication of the final notice of adoption.  (posted 11/21/17)

Clarifying Contents of Healthy Montana Kids (HMK) Evidence of Coverage and Adopting the Medicaid Ambulance Contracts – MAR 37-743
No comments were received; Effective date was changed.
Effective Date – October 14, 2017  (posted 10/13/17)

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Corrected Notices/Other Notices

Corrected Notice:

Clarifying Contents Of Healthy Montana Kids (HMK) Evidence Of Coverage And Adopting The Medicaid Ambulance Contracts– MAR 37-743
The department is correcting the adoption notice by adding a comment and response that was not included in the final notice.  (posted 12/8/17)

Extension of Comment Period Notice:

Updating Durable Medical Equipment Rules to Reflect a Sole-Source Provider for the Purchase of Breast Pumps– MAR 37-797
End of comment period extended to – December 1, 2017
Effective Date – Day after publication of the final adoption notice  (posted 11/21/17)

 

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