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

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 applied behavior analysis services, MAR 37-947
Public hearing scheduled August 26, 2022.  Comments end September 2, 2022.

Pertaining to communicable disease control, MAR 37-971
Public hearing scheduled August 25, 2022.  Comments end September 2, 2022. 

Pertaining to county and tribal matching grant, MAR 37-977
Public hearing scheduled August 26, 2022.  Comments end September 2, 2022. 

Pertaining to low income weatherization assistance program, MAR 37-984
Public hearing scheduled August 25, 2022.  Comments end September 2, 2022. 

Pertaining to Health Care Facility Revisions, MAR 37-990
Public hearing scheduled August 30, 2022.  Comments end September 2, 2022. 

Pertaining to immunization requirements and exemptions for children and staff at child care facilities, MAR 37-994
Public hearing scheduled August 25, 2022.  Comments end September 2, 2022. 

Pertaining to Child Support Services Division guidelines and distribution, MAR 37-995
Public hearing scheduled August 25, 2022.  Comments end September 2, 2022. 

Pertaining to low income home energy assistance program, MAR 37-996
Public hearing scheduled August 26, 2022.  Comments end September 2, 2022.

Pertaining to vending of food and beverages, MAR 37-997
No public hearing contemplated.  Comments end September 2, 2022.

Pertaining to living wills, MAR 37-999
Public hearing scheduled August 26, 2022.  Comments end September 2, 2022.

Pertaining to crisis system restructuring, MAR 37-1003
Public hearing scheduled August 30, 2022.  Comments end September 2, 2022.

Pertaining to foster care immunization requirements, MAR 37-1005
Public hearing scheduled August 26, 2022.  Comments end September 2, 2022.

Pertaining to medically needy living allowance deduction, MAR 37-1008
Public hearing scheduled August 29, 2022.  Comments end September 2, 2022.

Pertaining to state approval of substance use disorder programs, licensure of substance use disorder facilities, and the Behavioral Health and Developmental Disability Medicaid & Non-Medicaid Manuals, MAR 37-1010
Public hearing scheduled August 30, 2022.  Comments end September 2, 2022.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1012
Public hearing scheduled August 25, 2022.  Comments end September 2, 2022.

Pertaining to campgrounds, trailer courts, work camps, and youth camps, MAR 37-975
Public hearing scheduled July 18, 2022. Comments end July 22, 2022. 

Pertaining to Public Sleeping Accommodations, MAR 37-981
Public hearing scheduled July 18, 2022. Comments end July 22, 2022.

Pertaining to Medicaid hospice fee reimbursement and care program, MAR 37-988
Public hearing scheduled July 18, 2022. Comments end July 22, 2022.

Pertaining to changing the identification of sex on birth certificates, MAR 37-1002
Public hearing scheduled June 30, 2022.  Comments end July 8, 2022.

Pertaining to assisted living rules related to background checks and category D endorsement, MAR 37-979
Public hearing scheduled June 16, 2022. Comments end June 24, 2022.

Pertaining to Montana Telecommunications Access Program, financial eligibility criteria, MAR 37-985
Public hearing scheduled June 16, 2022. Comments end June24, 2022.

Pertaining to Families Achieving Independence in Montana (FAIM) rules, MAR 37-991
Public hearing scheduled June 16, 2022. Comments end June 24, 2022.

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.

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Amended Proposal Notices

Pertaining to financial eligibility criteria, MAR 37-985
Extending comment period. Comments end September 2, 2022. 

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

Adoption Notices

Pertaining to applied behavior analysis services, MAR 37-947
Comments were received.  The rule adoptions are effective September 24, 2022. 

Pertaining to communicable disease control, MAR 37-971
Comments were received.  The rule amendments are effective September 24, 2022.

Pertaining to county and tribal matching grant, MAR 37-977
No comments were received.  The rule amendments are effective September 24, 2022.

Pertaining to assisted living rules related to background checks and category D endorsement, MAR 37-979
Comments were received.  The rule adoptions and amendments are effective September 24, 2022.

Pertaining to low income weatherization assistance program, MAR 37-984
No comments were received.  The rule amendments are effective September 24, 2022.

Pertaining to Montana Telecommunications Access Program, financial eligibility criteria, MAR 37-985
No comments were received.  The department intends to apply the rule amendment retroactively to January 12, 2022.  A retroactive application of the rule amendment does not result in a negative impact to any affected party.

Pertaining to Health Care Facility Revisions, MAR 37-990
Comments were received.  The rule amendments are effective September 24, 2022.

Pertaining to Child Support Services Division guidelines and distribution, MAR 37-995
No comments were received.  The rule amendments are effective September 24, 2022.

Pertaining to low income home energy assistance program, MAR 37-996
No comments were received.  The rule amendments are effective September 24, 2022.

Pertaining to vending of food and beverages, MAR 37-997
No comments were received.  The rule amendments are effective September 24, 2022.

Pertaining to living wills, MAR 37-999
No comments were received.  The rule amendments are effective September 24, 2022.

Pertaining to crisis system restructuring, MAR 37-1003
Comments were received.  The rule amendments are effective September 24, 2022.

Pertaining to foster care immunization requirements, MAR 37-1005
Comments were received.  The rule amendments are effective September 24, 2022.

Pertaining to medically needy living allowance deduction, MAR 37-1008
Comments were received.  The rule amendments are effective September 24, 2022.

Pertaining to state approval of substance use disorder programs, licensure of substance use disorder facilities, and the Behavioral Health and Developmental Disability Medicaid & Non-Medicaid Manuals, MAR 37-1010
Comments were received.  The rule adoptions and amendments are effective September 24, 2022.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1012
Comments were received.  The rule amendments are effective October 1, 2022.

Pertaining to campgrounds, trailer courts, work camps, and youth camps, MAR 37-975
Comments were received.  The rule adoptions are effective September 10, 2022.

Pertaining to public sleeping accommodations, MAR 37-981
No comments were received.  The rule adoptions and amendments are effective September 10, 2022.

Pertaining to changing the identification of sex on birth certificates, MAR 37-1002
Comments were received.  The rule amendment is effective September 10, 2022.

Pertaining to Medicaid hospice fee reimbursement and care program, MAR 37-988
No comments were received.  The department intends to apply the rate increase under ARM 37.40.830 retroactively to October 1, 2021.  Any decreases in hospice rates will not be applied retroactively and are effective upon the day after the date of publication of this adoption notice.  All other rules changes are effective upon the day after the date of publication of the adoption notice. 

Pertaining to the Families Achieving Independence in Montana (FAIM), MAR 37-991
No comments were received.  This rule amendment is effective August 6, 2022.

Pertaining to developmental disabilities waiver programs reimbursement, MAR 37-993
Comments were received. The rule amendments are effective retroactive to July 1, 2022.

Pertaining to HMK Dental procedure codes, MAR 37-976
No comments were received.  The rule amendment is effective July 1, 2022.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-983
Comments were received. The rule amendments are effective July 1, 2022.

Pertaining to nursing facility reimbursement, MAR 37-989
Comments were received.  The rule amendment is effective July 1, 2022.

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.

 

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Corrected Notices/Other Notices