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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 406-444-9503, or by email at dphhslegal@mt.gov

Americans With Disabilities Act (ADA) Accommodation

Proposal Notices

 

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)

Updating the Federal Poverty Index Guidelines for the Montana Telecommunications Access Program (MTAP) - MAR 37-853
No Public Hearing  End of Comments – July 20, 2018
Effective Date – The department intends to apply these rule amendments retroactively to February 2, 2018.  A retroactive application of the proposed rule amendments does not result 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)

Healthy Montana Kids (HMK) Evidence of Coverage - MAR 37-844
Public Hearing – June 14, 2018  End of Comments – July 6, 2018
Effective Date – The department intends to apply these rule amendments retroactively to November 1, 2017.  (posted 5/23/18)

Durable Medical Equipment (DME) - MAR 37-843
Public Hearing – May 31, 2018  End of Comments – June 8, 2018
Effective Date – Day after publication of the final adoption notice.  (posted 5/10/18)

Medicaid Outpatient Drug Services - MAR 37-840
Public Hearing – May 31, 2018  End of Comments – June 8, 2018
Effective Date – The department intends to apply these rule amendments effective July 1, 2018  (posted 5/10/18)

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

 

Emergency Medical Service Records and Reports - MAR 37-822
Revised Public Hearing date – August 20, 2018  End of Comments – August 24, 2018
Effective Date – Day after publication of the Notice of Adoption (posted 7/20/18)

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Adoption Notices

 

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. 

Montana Medical Marijuana Program – MAR 37-839
Comments were received.  The department will apply these rule amendments retroactively to April 10, 2018 in order to comply with the requirements of Senate Bill 333 (2017).

Updates to Emergency Medical Service Records and Reports – MAR 37-822
No comments were received.  No changes were made.
The effective date of this amendment is September 22, 2018, the day after publication of this notice.  (posted 9/21/18)

Low Income Weatherization Assistance Program – MAR 37-846
No comments were received.  No changes were made.
Effective dates as follows:  Amendments to ARM 37.71.601(10) and 37.71.602 retroactive to July 1, 2018.  Amendments to ARM 37.71.102, 37.71.301, 37.71.401, 37.71.601(5), (5)(a), and (6) effective September 22, 2018, the day after publication of this notice.  (posted 9/21/18)

Low Income Energy Assistance Program (LIEAP) – MAR 37-848
No comments were received.  No changes were made.
Effective dates as follows:  Amendments to ARM 37.70.311, 37.70.401(1) and (1)(a), and 37.70.407, retroactive to October 1, 2017.  Amendments to ARM 37.70.305, 37.70.401(25), 37.70.402(7), 37.70.406(1) and (2), 37.70.408, 37.70.601, and 37.70.607 retroactive to July 1, 2018.  (posted 9/21/18)

Federal Child Care and Development Block Grant Reauthorization Act Requirements for Child Care Facilities – MAR 37-858
Comments were received.  The effective date for this rulemaking is September 22, 2018, the day after publication of this notice.  (posted 9/21/18)

Financial Assistance for Children and Youth with Special Health Care Needs - MAR 37-855
Comments were received; no changes were made
Effective Date – Retroactive to August 1, 2018.  (posted 8/23/18)

Updating Medicaid fee schedules and effective dates - MAR 37-854
Comments were received; no changes were made
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.  (posted 8/8/18)

Updating the Federal Poverty Index Guidelines for the Montana Telecommunications Access Program (MTAP) - MAR 37-853
No comments were received; no changes were made
Effective Date – Retroactive to February 2, 2018  (posted 8/8/18)

Home and Community-Based Services (HCBS) Waiver Programs - MAR 37-852
No comments were received; no changes were made
Effective Date – The private duty nursing rate increase will take effect retroactive to July 15, 2018, as set forth in the manual adopted in the rule.  The department will apply all other rule amendments retroactively to July 1, 2018, which is the effective date of the revised manual.  (posted 8/8/18)

Healthy Montana Kids (HMK) Evidence of Coverage - MAR 37-844
Comments were received; no changes were made
Effective Date – Retroactive to November 1, 2017  (posted 8/8/18)

Medicaid outpatient drug services - MAR 37-840
No comments were received; no changes were made
Effective Date – Retroactive to July 1, 2018  (posted 8/8/18)

Nursing Facility Reimbursement Rates for State Fiscal Year 2019 - MAR 37-845
Comments were received; no changes were made
Effective Date – Retroactive to July 1, 2018  (posted 7/20/18)

 

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Corrected Notices/Other Notices

Notice of Decision:

Nursing facility reimbursement rates for state fiscal year 2019 - MAR 37-861
At this time, the department is withdrawing MAR Notice No. 37-861 from consideration.  Since the filing of this notice the department has been served a temporary restraining order requiring the department raise rates effective August 2, 2018.  The department is interested in two outcomes:  1) ensuring that providers will not have to return the temporary rate increase when the injunction expires; and 2) raising provider rates as early as possible in state fiscal year 2019.  Therefore, the department is withdrawing MAR Notice No. 37-861 from consideration.  The department will file a replacement notice of proposed rulemaking on August 28, 2018 that will propose to raise rates effective July 1, 2018 by 2.99%.  (posted 8/23/18)

Updating the effective dates of non-Medicaid and Medicaid fee schedules - MAR 37-859
At this time, the department is withdrawing MAR Notice No. 37-859 from consideration.  Since the filing of this notice the department has been served a temporary restraining order requiring the department raise rates effective August 2, 2018.  The department is interested in two outcomes:  1) ensuring that providers will not have to return the temporary rate increase when the injunction expires; and 2) raising provider rates as early as possible in state fiscal year 2019.  Therefore, the department is withdrawing MAR Notice No. 37-859 from consideration.  The department will file a replacement notice of proposed rulemaking on August 28, 2018 that will propose to raise rates effective July 1, 2018 by 2.99%.  (posted 8/23/18)

Durable Medical Equipment (DME) - MAR 37-843
At this time, the department is withdrawing MAR Notice No. 37-843 from consideration.  After receiving public comment on the proposal, the department will reassess the rules relating to durable medical equipment.  (posted 8/8/18)

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