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

Adoption of a Temporary Emergency Rule pertaining to changing the identification of sex on birth certificates.
Effective May 23, 2022.

Adoption of Temporary Emergency Rule I pertaining to waiver of swing bed requirements, MAR 37-964
Effective September 17, 2021

Adoption of Temporary Emergency Rule I to allow students and/or their parents or guardians the ability to opt-out of school health-related mandates for health, religious, moral, or other fundamental rights reasons, MAR 37-960
Effective August 31, 2021

Adoption of Temporary Emergency Rule I to allow for COVID-19-related regulatory discretion beyond the expiration of the Governor-declared state of emergency, MAR 37-955
Effective July 1, 2021.

Proposal Notices

Pertaining to developmental disabilities waiver programs reimbursement, MAR 37-993
Public hearing schedule June 2, 2022. Comments end June 10, 2022.

Pertaining to HMK Dental procedure codes, MAR 37-976
Public hearing scheduled May 19, 2022. Comments end May 27, 2022.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-983
Public hearing scheduled May 19, 2022. Comments end May 27, 2022.

Pertaining to nursing facility reimbursement, MAR 37-989
Public hearing scheduled May 19, 2022. Comments end May 27, 2022.

Pertaining to Medicaid fee schedules and effective dates, MAR 37-978
Public hearing schedule April 14, 2022.  Comments end April 22, 2022

Pertaining to child-facing employee certification and supervisory training, MAR 37-973
Public hearing scheduled March 3, 2022.  Comments end March 11, 2022.

Pertaining to child-placing agency definitions, MAR 37-974
Public hearing scheduled March 3, 2022.  Comments end March 11, 2022.

Pertaining to updating the effective dates of Medicaid fee schedules, MAR 37-972
Public hearing scheduled for January 13, 2022.  Comments end January 21, 2022.

Pertaining to assisted living rules related to background checks and category D endorsement, MAR 37-909
Public hearing scheduled for December 30, 2021.  Comments end January 7, 2022.

Pertaining to certificate of need, MAR 37-954
Public hearing scheduled for December 9, 2021.  Comments end December 17, 2021.

Pertaining to marijuana sampling protocols , MAR 37-967
Public hearing scheduled for December 9, 2021.  Comments end December 17, 2021

Pertaining to comprehensive school and community treatment, MAR 37-963
Public hearing scheduled for December 1, 2021.  Comments end December 3, 2021.

Pertaining to Montana telecommunications access program, MAR 37-968
No public hearing contemplated.  Comments end December 3, 2021.

Pertaining to the Big Sky Rx benefit, MAR 37-969
Public hearing scheduled for November 29, 2021.  Comments end December 3, 2021.

Pertaining to optometric service rates, MAR 37-966
Hearing scheduled November 12, 2021.  Comments end November 19, 2021.

Pertaining to updating Medicaid provider rates, fee schedules, and effective dates, MAR 37-957
Hearing scheduled October 28, 2021.  Comments end November 5, 2021.

Pertaining to child care licensing, MAR 37-959
Hearing scheduled October 28, 2021.  Comments end November 5, 2021.

Pertaining to public participation, MAR 37-961
Hearing scheduled October 28, 2021.  Comments end November 5, 2021.

Pertaining to health emergency waiver, MAR 37-965
Hearing scheduled October 28, 2021.  Comments end November 5, 2021.

 

Back to Top

Amended Proposal Notices

Pertaining to child-placing agency definitions, MAR 37-974 No comments were received.  This rule amendment is effective April 16, 2022.

Pertaining to comprehensive school and community treatment, MAR 37-963
Second public hearing scheduled for December 16, 2021.  Extended comment period ends December 17, 2021.

 

Adoption Notices

Pertaining to Medicaid fee schedules and effective dates, MAR 37-978
No comments were received. The rule amendments are to be applied retroactively to April 1, 2022.

Pertaining to child-facing employee certification and supervisory training, MAR 37-973
No comments were received. The rule adoption is effective April 30, 2022.

Pertaining to updating the effective dates of Medicaid fee schedules, MAR 37-972
Comments were received.  Rule amendments are effective retroactive to January 1, 2022.

Pertaining to comprehensive school and community treatment, MAR 37-963
Comments were received.  The department intends to apply changes related to outcome measurements in ARM 37.106.1961 effective March 1, 2022. All other referenced rule amendments are effective retroactively to October 1, 2021.

Pertaining to certificate of need, MAR 37-954
No comments were received.  The rule amendments are to be applied retroactively to October 1, 2021.

Pertaining to marijuana sampling protocols, MAR 37-967
Comments were received.  The rule amendments and adoptions are effective January 15, 2022, with the exception of the amendments to ARM 37.107.316(6)(b), 37.107.316(6)(c), and 37.107.316(7), which are effective March 14, 2022.

Pertaining to optometric services rates, MAR 37-966
Comments were received.  The rule amendments are to be applied retroactively to July 1, 2021.

Pertaining to Montana telecommunications access program, MAR 37-968
No comments were received.  The rule amendments are to be applied retroactively to January 13, 2021.

Pertaining to the Big Sky Rx benefit, MAR 37-969
No comments were received.  This rule amendment is effective January 1, 2022.

Pertaining to child care licensing, MAR 37-959
Comments were received.  The rule amendments are to be applied retroactively to October 1, 2021.

Pertaining to public participation, MAR 37-961
No comments were received.  The rules adopted are effective January 1, 2022.

Pertaining to health emergency waiver, MAR 37-965
No comments were received.  The rule adoptions are to be applied retroactively to October 30, 2021.

Pertaining to developmental disabilities program provider rates update, MAR 37-949
Comments were received.  The rule amendments are to be applied retroactively to July 1, 2021.

Pertaining to updating Medicaid provider rates, fee schedules, and effective dates, MAR 37-957
Comments were received.  The rule amendments are to be applied retroactively to October 1, 2021.

Pertaining to severe and disabling mental illness, MAR 37-958
No comment were received.  The rule amendments are to be applied retroactively to October 9, 2021.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-944
Comments were received. Rule amendments are effective retroactive to July 1, 2021.

Pertaining to school immunization requirements, MAR 37-956
Comments were received. Rule amendments are effective October 9, 2021.

 

 

Back to Top

Corrected Notices/Other Notices

Pertaining to assisted living rules related to background checks and category D endorsement, MAR 37-909
Notice of agency decision to withdraw proposal notice.