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 hhsadminrules@mt.gov
Americans With Disabilities Act (ADA) Accommodation
Emergency Rule Notices
Repeal of a Temporary Emergency Rule pertaining to changing the identification of sex on birth certificates, MAR 37-1001
Effective September 10, 2022.
Adoption of a Temporary Emergency Rule pertaining to changing the identification of sex on birth certificates, MAR 37-1001.
Effective May 23, 2022.
Proposal Notices
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1104
Public hearing scheduled October 11, 2024. Comments end October 18, 2024.
Pertaining to Certification of Persons Assisting in the Administration of Medication, MAR 37-1103
Public hearing scheduled September 26, 2024. Comments end October 4, 2024.
Pertaining to the Vocational Rehabilitation Visual Medical Program, MAR 37-1087
No public hearing contemplated. Comment period ends September 20, 2024.
Pertaining to HCBS quality assurance reviews, MAR 37-1089
Public hearing scheduled for September 16, 2024. Comment period ends September 20, 2024.
Pertaining to adult day care facilities, MAR 37-1099
Public hearing scheduled for September 12, 2024. Comment period ends September 20, 2024.
Pertaining to Licensure of Abortion Clinics, MAR 37-1052
Public hearing scheduled for August 16, 2024. Comments end August 23, 2024.
Pertaining to Community First Choice Services, MAR 37-1065
Public hearing scheduled for August 15, 2024. Comments end August 23, 2024.
Pertaining to allocation and expenditure of HB 872 funds for capital projects, MAR 37-1076
Public hearing scheduled for August 19, 2024. Comments end August 23, 2024.
Pertaining to HCBS adult residential care services, MAR 37-1078
Public hearing scheduled for August 16, 2024. Comments end August 23, 2024.
Pertaining to Licensed Direct-Entry Midwife, MAR 37-1079
Public hearing scheduled for August 16, 2024. Comments end August 23, 2024.
Pertaining to MTAP Financial Eligibility Criteria, MAR 37-1080
Public hearing scheduled for August 19, 2024. Comments end August 23, 2024.
Pertaining to children's mental health room and board updates, MAR 37-1082
Public hearing scheduled for August 15, 2024. Comments end August 23, 2024.
Pertaining to Healthy Montana Kids Benefits, MAR 37-1083
Public hearing scheduled for August 15, 2024. Comments end August 23, 2024.
Pertaining to Fees for Certification, File Searches, and Other Vital Records Services, MAR 37-1084
Public hearing scheduled for August 16, 2024. Comments end August 23, 2024.
Pertaining to the Montana Telecommunications Access Program, MAR 37-1085
Public hearing scheduled for August 19, 2024. Comments end August 23, 2024.
Pertaining to Plan First provider billing, MAR 37-1088
Public hearing scheduled for August 16, 2024. Comments end August 23, 2024.
Pertaining to Medicaid HCBS Provider requirements, MAR 37-1090
Public hearing scheduled for August 15, 2024. Comments end August 23, 2024.
Pertaining to Health Care Facility Standards, MAR 37-1094
Public hearing scheduled for August 19, 2024. Comments end August 23, 2024.
Pertaining to Child Support Services Fee Schedule, MAR 37-1091
Public hearing scheduled July 12, 2024. Comments end July 19, 2024.
Pertaining to hearing aid services, MAR 37-1062
Public hearing scheduled June 27, 2024. Comments end July 5, 2024.
Pertaining to Medicaid home and community based waiver program, MAR 37-1073
Public hearing scheduled June 28, 2024. Comments end July 5, 2024.
Pertaining to the Developmental Disabilities Program Fiscal Year 2025 Rate Increase, MAR 37-1092
Public hearing scheduled June 28, 2024. Comments end July 5, 2024.
Pertaining to aging services, MAR 37-1053
Public hearing scheduled June 13, 2024. Comments end June 21, 2024.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1067
Public hearing scheduled June 17, 2024. Comments end June 21, 2024.
Pertaining to Home Health Services, MAR 37-1068
Public hearing scheduled June 13, 2024. Comments end June 21, 2024.
Pertaining to financial assistance and community benefit provided by certain types of hospitals and related certificate of need requirements, MAR 37-1096
Public hearing scheduled June 18, 2024. Comments end June 21, 2024.
Pertaining to Mental Health Medicaid Funded 1115 and 1915 Waivers, MAR 37-1034
Public hearing scheduled for June 3, 2024. Comments end June 7, 2024.
Pertaining to Private Alternative Adolescent Residential Programs, MAR 37-1050
Public hearing scheduled for June 4, 2024. Comments end June 7, 2024.
Pertaining to 12-month postpartum continuous eligibility for Medicaid and HMK, MAR 37-1057
Public hearing scheduled May 30, 2024. Comments end June 7, 2024.
Pertaining to communicable disease control, MAR 37-1066
Public hearing scheduled May 30, 2024. Comments end June 7, 2024.
Pertaining to the big sky rx program, MAR 3-1069
Public hearing scheduled for June 3, 2024. Comments end June 7, 2024.
Pertaining to hospice reimbursement, MAR 37-1070
Public hearing scheduled May 31, 2024. Comments end June 7, 2024.
Pertaining to laboratory analyses and newborn screening, MAR 37-1071
Public hearing scheduled May 31, 2024. Comments end June 7, 2024.
Pertaining to IV-E foster care services, MAR 37-1058
No Public Hearing. Comments end May 24, 2024.
Pertaining to SUD voucher programs, MAR 37-1040
Public hearing scheduled for March 18, 2024. Comments end March 22, 2024.
Pertaining to Clinical Mental Health Licensure Candidate Medicaid Service Reimbursement, MAR 37-1043
Public hearing scheduled for March 15, 2024. Comments end March 22, 2024.
Pertaining to rural emergency hospitals, MAR 37-1047
Public hearing scheduled for March 19, 2024. Comments end March 22, 2024.
Pertaining to congregate living reimbursement rates, MAR 37-1063
Public Hearing March 14, 2024. Comments end March 22, 2024.
Pertaining to foster care licensing, MAR 37-1004
Public Hearing Scheduled for March 1, 2024. Comments end March 8, 2024.
Pertaining to foster care support services, MAR 37-1051
Public hearing scheduled for February 2, 2024. Comments end February 9, 2024.
Pertaining to the Autism Grant Program, MAR 37-1055
Public hearing scheduled for February 1, 2024. Comments end February 9, 2024.
Pertaining to HCBS Setting Regulations, MAR 37-1032
Public hearing schedule for January 12, 2024. Comments end January 19, 2024.
Pertaining to Developmental Disabilities Program Plan of Care, MAR 37-1041
Public hearing schedule for January 12, 2024. Comments end January 19, 2024.
Pertaining to Public Sleeping Accommodations, MAR 37-1045
Public hearing schedule for January 15, 2024. Comments end January 19, 2024.
Pertaining to health care facilities, MAR 37-1048
Public hearing schedule for January 11, 2024. Comments end January 19, 2024.
Pertaining to certificates of nonviable birth, MAR 37-1056
Public hearing schedule for January 12, 2024. Comments end January 19, 2024.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1061
Public hearing schedule for January 12, 2024. Comments end January 19, 2024.
Pertaining to Community First Choice services and self-directed personal care services, MAR 37-1009
No public hearing contemplated. Comments end December 15, 2023.
Pertaining to children's mental health services, MAR Notice No. 37-1031.
Public hearing scheduled November 27, 2023. Comments end December 1, 2023.
Pertaining to Chemical Dependency Programs and Medicaid Mental Health Services, MAR 37-1039
Public hearing scheduled for November 9, 2023. Comments end November 17, 2023.
Pertaining to licensure of day care facilities, MAR 37-1044
Public hearing scheduled for November 13, 2023. Comments end November 17, 2023.
Pertaining to trauma facility designation, MAR 37-1026
Public hearing scheduled September 28, 2023. Comments end October 6, 2023.
Pertaining to the increase of laboratory fees, MAR 37-1029
Public hearing scheduled September 28, 2023. Comments end October 6, 2023.
Pertaining to Developmental Disabilities Program Incident Reporting and Handling, MAR 37-1025
Public hearing scheduled September 15, 2023. Comments end September 22, 2023.
Pertaining to Developmental Disabilities Program Reimbursement for Services, MAR 37-1036
Public hearing scheduled August 10, 2023. Comments end August 18, 2023.
Pertaining to chemical dependency programs and Medicaid mental health services, MAR 37-1033
Public hearing scheduled August 11, 2023. Comments end August 18, 2023.
Pertaining to emergency medical services, MAR 37-1017
Public hearing scheduled July 31, 2023. Comments end August 4, 2023.
Pertaining to Medicaid Home and Community-Based Services Program, MAR 37-1035
Public hearing scheduled July 27, 2023. Comments end August 4, 2023.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1037
Public hearing scheduled July 27, 2023. Comments end August 4, 2023.
Pertaining to nursing facility reimbursement, MAR 37-1038
Public hearing scheduled July 31, 2023. Comments end August 4, 2023.
Pertaining to Applied Behavior Analysis Services, MAR 37-1028
Public hearing scheduled June 15, 2023. Comments end June 23, 2023.
Pertaining to hospice reimbursement, MAR 37-1030
Public hearing scheduled June 15, 2023. Comments end June 23, 2023.
Pertaining to the Low Income Home Energy Assistance Program (LIHEAP), MAR 37-1006
Public hearing scheduled April 13, 2023. Comments end April 21, 2023.
Pertaining to the Food Distribution Program on Indian Reservations, MAR 37-1011
Public hearing scheduled April 13, 2023. Comments end April 21,2023.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1023
Public hearing scheduled April 14, 2023. Comments end April 21, 2023.
Pertaining to the Montana tumor registry, MAR 37-1013
Public hearing scheduled February 16, 2023, at 2:00 p.m. Comments end February 24, 2023.
Pertaining to laboratories that conduct analyses of public water supplies, MAR 37-1015
No public hearing contemplated. Comments end February 24, 2023.
Pertaining to Medicaid coverage of abortion services, MAR 37-1024
Public hearing scheduled January 12, 2023. Comments end January 20, 2023.
Pertaining to the licensure of day care facilities, MAR 37-1020
The public hearing has been postponed until further notice - Notice of Postponement
Amended Proposal Notices
Pertaining to community first choice services, MAR 37-1065
Public hearing scheduled September 27, 2024. Comments end October 4, 2024.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1067
Public hearing scheduled June 17, 2024. Comments end July 19, 2024.
Pertaining to children’s mental health services, MAR Notice No. 37-1031.
Public hearing scheduled for December 28, 2023. Comments end January 5, 2024.
Adoption Notices
Pertaining to Mental Health Medicaid Funded 1115 and 1915 Waivers, MAR 37-1034
Comments were received. The rule adoption is effective September 21, 2024.
Pertaining to licensure of abortion clinics, MAR 37-1052
Comments were received. The department intends these licensure requirements to be effective upon adoption. Subject to the stipulation in Planned Parenthood et al. v. State of Montana et al., Cause No. ADV 2023-592 (1st Jud. Dist.) and any subsequent order of the court, current facilities performing abortions will be afforded 30 days to submit an application for licensure as an abortion clinic, and the department will act on such applications within 60 days of receipt.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1067
Comments were received. This rule adoption is effective July 1, 2023, January 1, 2024, May 1, 2024, or July 1, 2024.
Pertaining to allocation and expenditure of HB 872 funds for capital projects, MAR 37-1076
No comments received. This rule adoption is effective September 21, 2024.
Pertaining to HCBS adult residential care services, MAR 37-1078
Comments were received. This rule adoption is effective September 21, 2024.
Pertaining to Licensed Direct-Entry Midwife, MAR 37-1079
No comments received. This rule adoption is effective July 1, 2023.
Pertaining to MTAP Financial Eligibility Criteria, MAR 37-1080
No comments received. This rule adoption is effective January 12, 2023.
Pertaining to children's mental health room and board updates, MAR 37-1082
No comments received. This rule adoption is effective March 1, 2024.
Pertaining to Healthy Montana Kids Benefits, MAR 37-1083
Comments were received. This rule adoption is effective September 21, 2024.
Pertaining to Fees for Certification, File Searches, and Other Vital Records Services, MAR 37-1084
No comments were received. This rule adoption is effective September 21, 2024.
Pertaining to the Montana Telecommunications Access Program, MAR 37-1085
No comments were received. This rule adoption is effective September 21, 2024.
Pertaining to Plan First provider billing, MAR 37-1088
No comments were received. This rule adoption is effective September 21, 2024.
Pertaining to Medicaid HCBS Provider requirements, MAR 37-1090
No comments were received. This rule adoption is effective July 1, 2024.
Pertaining to Health Care Facility Standards, MAR 37-1094
Comments were received. This rule adoption is effective September 21, 2024.
Pertaining to financial assistance and community benefit provided by certain types of hospitals and related certificate of need requirements, MAR 37-1096
Comments were received. This rule adoption is effective September 21, 2024.
Pertaining to Private Alternative Adolescent Residential Programs, MAR 37-1050
Comments were received. The rule adoption is effective September 7, 2024.
Pertaining to Home Health Services, MAR 37-1068
Comments were received. The rule adoption is effective August 24, 2024.
Pertaining to Medicaid home and community based waiver program, MAR 37-1073
Comments were received. The rule adoption is effective August 24, 2024.
Pertaining to Child Support Services Fee Schedule, MAR 37-1091
No comments were received. The rule adoption is effective August 24, 2024.
Pertaining to the Developmental Disabilities Program Fiscal Year 2025 Rate Increase, MAR 37-1092
Comments were received. The rule adoption is retractive to July 1, 2024.
Pertaining to Clinical Mental Health Licensure Candidate Medicaid Service Reimbursement, MAR 37-1043
Comments were received. The rule adoption is effective retroactively to January 1, 2024.
Pertaining to 12-month postpartum continuous eligibility for Medicaid and HMK, MAR 37-1057
Comments were received. The rule adoption is effective retroactively to July 1, 2023.
Pertaining to IV-E foster care services, MAR 37-1058
No comments were received. The rule adoption is effective August 10, 2024.
Pertaining to hearing aid services, MAR 37-1062
No Comment were received. The rule adoption is effective August 10, 2024.
Pertaining to laboratory analyses and newborn screening, MAR 37-1071
Comments were received. The rule adoption is effective September 1, 2024.
Pertaining to aging services, MAR 37-1053
No comments were received. The rule adoption is effective July 27, 2024.
Pertaining to community disease control, MAR 37-1066
No comments were received. The rule adoption is effective July 27, 2024.
Pertaining to Big Sky Rx program, MAR 37-1069
No comments were received. The rule adoption is effective January 1, 2024.
Pertaining to hospice reimbursement, MAR 37-1070
No comments were received. The increase in hospice reimbursement rates will be applied retroactively to October 1, 2023. Any decreases in hospice rates will not be applied retroactively and will be effective the day after publication of this adoption notice
Pertaining to foster care licensing, MAR 37-1004
Comments were received. The rule adoption is effective retroactively to April 13, 2024.
Pertaining to rural emergency hospitals, MAR 37-1047
No comments were received. The rule adoption is effective retroactively to October 1, 2023.
Pertaining to SUD voucher programs, MAR 37-1040
No comments were received. The rule adoption is effective July 1, 2023.
Pertaining to congregate living reimbursement rates, MAR 37-1063
No comments were received. The rule adoption is effective July 1, 2023.
Pertaining to Chemical Dependency Programs and Medicaid Mental Health Services, MAR 37-1039
Comments were received. The rule adoption is effective July 1, 2023.
Pertaining to licensure of day care facilities, MAR 37-1044
Comment were received. In the event that the Children, Families, Health, and Human Services Interim Committee withdraws its written objection pursuant to 2-4-406(2), MCA, the effective date is April 13, 2024. In the event that the Children, Families, Health, and Human Services Interim Committee does not withdraw its written objection pursuant to 2-4-406(2), MCA, the effective date is the day after final adjournment of the regular session of the 69th Legislature.
Pertaining to foster care support services, MAR 37-1051
No comments were received. The rule adoption is effective July 1, 2023.
Pertaining to the Autism Grant Program, MAR 37-1055
Comments were received. The rule adoption is effective April 13, 2024.
Pertaining to children's mental health services, MAR 37-1031
Comments were received. The rule adoption is effective May 12, 2023.
Pertaining to HCBS Setting Regulations, MAR 37-1032
Comments were received. The rule adoption is effective March 23, 2024.
Pertaining to Developmental Disabilities Program Plan of Care, MAR 37-1041
No comments were received. The rule adoption is effective July 1, 2023.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1061
Comments were received. The rule adoption is effective October 1, 2023.
Pertaining to Community First Choice services and self-directed personal care services, MAR 37-1009
No comments were received. The rule adoption is effective February 24, 2024.
Pertaining to Public Sleeping Accommodations, MAR 37-1045
No comments were received. The rule adoption is effective February 24, 2024.
Pertaining to health care facilities, MAR 37-1048
No comments were received. The rule adoption is effective October 1, 2023.
Pertaining to certificates of nonviable birth, MAR 37-1056
No comments were received. The rule adoption is effective February 24, 2024.
Pertaining to Developmental Disabilities Program Incident Reporting and Handling, MAR 37-1025
No comments were received. The rule adoption is the date after publication.
Pertaining to the increase of laboratory fees, MAR 37-1029
No comments were received. The rule adoption is effective January 1, 2024.
Pertaining to chemical dependency programs and Medicaid mental health services, MAR 37-1033
Comments were received. The rule adoption is retroactively effective to May 12, 2023.
Pertaining to trauma facility designation, MAR 37-1026
Comments were received. The rule adoption is effective January 1, 2024.
Pertaining to Medicaid Home and Community-Based Services Program, MAR 37-1035
Comments were received. The rule adoption is effective the day after the publication of the adoption notice.
Pertaining to emergency medical services, MAR 37-1017
Comments were received. The rule adoption is effective September 9, 2023.
Pertaining to Developmental Disabilities Program Reimbursement for Services, MAR 37-1036
Comments were received. The rule adoption is retroactively effective to July 1, 2023.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1037
Comments were received. The rule adoption is retroactively effective to July 1, 2023.
Pertaining to nursing facility reimbursement, MAR 37-1038
Comments were received. The rule adoption is retroactively effective to July 1, 2023.
Pertaining to the Food Distribution Program on Indian Reservations, MAR 37-1011
No comments were received. The rule adoption is effective May 27, 2023.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1023
No Comments were received. The rule adoption is effective retroactively to April 1, 2023.
Pertaining to Medicaid coverage of abortion services, MAR 37-1024
474 written submissions where received. The rule adoption is effective May 1, 2023.
Pertaining to the Montana Tumor Registry, MAR 37-1013
No comments were received. The rule adoption is effective March 25, 2023.
Pertaining to laboratories that conduct analyses of public water supplies, MAR 37-1015
No comments were received. The rule adoption is effective March 25, 2023.
Pertaining to Healthy Montana Kids Evidence of Coverage, MAR 37-970
Comments were received. The rule amendment is effective retroactively to January 1, 2023.
Pertaining to public swimming pools, MAR 37-982
No comments were received. The rule amendment is effective February 25, 2023.
Pertaining to premarital blood testing, MAR 37-1016
No comments were received. The rule amendment is effective February 25, 2023.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1018
Comments were received. The rule amendments are effective retroactively to January 1, 2023, with the exception of the Medicaid youth mental health services fee schedule which will be effective May 12, 2023. A retroactive application of the proposed rule amendments does not result in a negative impact to any affected party.
Corrected Notices/Other Notices
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates. MAR Notice No. 37-1037
Comments were received. The rule adoption is effective July 1, 2023.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1018
Notice of extension of comment period on proposed amendment. Comments end February 3, 2023.