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

Emergency Temporary Rules pertaining to prohibiting sale of flavored vapor products, MAR 37-901
Enforcement of the Emergency Rules began on Wednesday, December 18, 2019 at 1:00 pm. The Department’s intent is to enforce the rules for a period of 120 days from this date ending April 15, 2020.

Proposal Notices

 

Pertaining to updates for targeted case management, outpatient therapy, and reference revisions, MAR 37-911
Public hearing scheduled March 19, 2020.  Comment period ends March 27, 2020.

A Skype option has been added to the hearing pertaining to MAR 37-911 updates for targeted case management, outpatient therapy, and reference revisions that is scheduled for March 19, 2020, at 10:00 am in the auditorium of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana. To join the hearing via Skype:

 

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(406) 444-4647,,6262349# (Helena Capitol Campus Region) English (United States)

Pertaining to pools, spas, and other water features, MAR 37-902
Public hearing scheduled April 16, 2020.  Comment period ends April 24, 2020.

Pertaining to CSED program name change, MAR 37-912
Public hearing scheduled April 16, 2020.  Comment period ends April 24, 2020.

Pertaining to residency rules, MAR 37-914
Public hearing scheduled April 16, 2020.  Comment period ends April 24, 2020.

Pertaining to increase in rates and billing practices, MAR 37-910
Public hearing scheduled March 5, 2020.  Comment period ends March 13, 2020.

Pertaining to Montana medical marijuana program, MAR 37-907
Public hearing scheduled February 20, 2020.  Comment period ends February 28, 2020.

Pertaining to child care, MAR 37-904
Public hearing scheduled February 6, 2020.  Comment period ends February 14, 2020.

Medicare rates, procedure codes and updating effective dates, MAR 37-899
The comment period is extended to January 3, 2020.

Pertaining to Healthcare Effectiveness Data and Information Set (HEDIS), MAR 37-906
Comment period ends January 24, 2020.

Pertaining to Hospice Rate Increase, MAR 37-900
Public Hearing scheduled for December 27, 2019. Comment period ends January 3, 2020.

Pertaining to Big Sky Rx MAR 37-903
Public Hearing scheduled for December 30, 2019. Comment period ends January 3, 2020.

Pertaining to member copayment, MAR 37-905
Public Hearing scheduled for December 12, 2019. Comment period ends December 20, 2019.

Inpatient and outpatient hospital reimbursement adjustors – MAR 37-893
Hearing set for December 3, 2019.  Comment period ends December 6, 2019

Low Income Energy Assistance Program (LIEAP) – MAR 37-897
Hearing set for December 3, 2019.  Comment period ends December 6, 2019

Updating Medicaid fee schedules with Medicare rates, procedure codes and updating effective dates – MAR 37-899
Hearing set for December 2, 2019.  Comment period ends December 6, 2019

Assisted Living and Nursing Facility Reimbursement, MAR 37-898
Public Hearing – October 24, 2019.  End of comments – November 1, 2019

Vital Records, MAR 37-896
Hearing will be held October 11, 2019.  Comment period ends October 18, 2019.

Pertaining to medical marijuana testing laboratories, MAR 37-889
Public Hearing – September 26.   End of comments on October 4, 2019

Communicable Disease Control, MAR 37-887
Public Hearing – September 12.  End of comments on September 20, 2019

Private Alternative Adolescent Residential Programs or Outdoor Programs (PAARP), MAR 37-890
Public Hearing – September 12, 2019.  End of comments on September 20, 2019

Medicaid Rates, Services, and Benefit Changes, MAR 37-888
Public Hearing – August 29th.  End of Comments – September 6, 2019

Updating Requirements to Limit Opioid Supply for Members without Cancer Diagnosis – MAR 37-865
Public Hearing – August 15, 2019.  End of Comments – August 23, 2019

Rural Health Clinics and Federally Qualified Health Centers – MAR 37-877
Public Hearing – August 15, 2019.  End of Comments – August 23, 2019

Youth Care Facilities – MAR 37-885
Public Hearing – August 15, 2019.  End of Comments – August 23, 2019

Healthy Learning Environments in Montana Public Schools, MAR 37-873
Hearing July 11, 2019 – Comment period extended to September 16, 2019

Healthy Learning Environments in Montana Public Schools, MAR 37-873
Hearing to be held July 11, 2019 – Comment period ends July 19, 2019

Montana Trauma System Plan 2019, MAR 37-880
Hearing to be held July 11, 2019 – Comment period ends July 19, 2019

Migrating Billing to Medicaid Management Information System (MMIS), MAR 37-886
Hearing to be held June 28, 2019 – Comment period ends July 5, 2019

Wholesale Foods and Food Standards, MAR 37-847
Hearing to be held June 13, 2019, Comment period ends June 21, 2019

Medicaid Rates, Services, and benefit Changes, MAR 37-878
Hearing to be held June 13, 2019 – Comment period ends June 21, 2019

Nursing Facility Reimbursement, MAR 37-882
Hearing to be held June 13, 2019 – Comment period ends June 21, 2019

Updating the federal poverty index guidelines for the Montana Telecommunications Access Program (MTAP) – MAR 37-883
No hearing contemplated – Comments due June 7, 2019

 

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Amended Proposal Notices

Assisted Living and Nursing Facility Reimbursement – MAR 37-898
This amended notice corrects an error in the Statement of
Reasonable Necessity

 

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Adoption Notices

Pertaining to increase in rates and billing practices, MAR 37-910
Comments were received.  These rule amendments are effective retroactive to March 1, 2020.

Pertaining to HEDIS, MAR 37-906
No comments were received.  These rules are effective retroactively to January 1, 2020.

Pertaining to healthy learning environments in Montana public schools, MAR 37-873
Comments were received.  These rule adoptions and amendments are effective January 17, 2020, except as otherwise stated within the rule adoption.

Pertaining to updating Medicaid fee schedules with Medicare rates, procedure codes and updating effective dates, MAR 37-899
Comments were received.  These rule amendments are effective retroactively to January 1, 2020.

Pertaining to hospice rate increase, MAR 37-900
No comments were received.  These rule amendments are effective retroactively to October 1, 2019.  Decreases in hospice rates will not be applied retroactively, but are effective January 17, 2020.

Pertaining to Big Sky Rx premium change, MAR 37-903
No comments were received.  These rule amendments are effective January 17, 2020.

Pertaining to member copayment, MAR 37-905
Comments were received.  These rule amendments are effective retroactively to January 1, 2020.

Inpatient and outpatient hospital reimbursement adjustors, MAR 37-893
No comments were received.  These rule adoptions and amendments are effective January 1, 2020.

Low income energy assistance program (LIEAP), MAR 37-897
No comments were received.  These rule amendments are effective retroactively to October 1, 2019.

Assisted Living and Nursing Facility Reimbursement, MAR 37-898
Comments were received. These rule adoptions are effective retroactive to October 1, 2019.

Wholesale Foods and Food Standards, MAR 37-847
Comments were received. These rule adoptions and repeals are effective January 1, 2020.

Vital Records – MAR 37-896
Comments were received.  Rule amendments are effective January 1, 2020.

Private Alternative Adolescent Residential Programs or Outdoor programs (PAARP) – MAR 37-890
Several comments were received.   The department intends these rules to be effective upon publication.

Rural Health Clinics and Federally Qualified Health Centers – MAR 37-877
Comments were received.  The department intends to apply these rule amendments retroactively to July 1, 2019

Medical Marijuana Testing Laboratories – MAR 37-889
Comments were received.  The department intends these proposed rule adoptions to be applied retroactive to October 1, 2019.

Communicable Disease Control, MAR 37-887
No comments were received.  The rule amendments are effective January 1, 2020.

Updating Requirements to Limit Opioid Supply for Members without Cancer Diagnosis, MAR 37-865
Comments were received.  The department intends to apply these rule amendments effective October 1, 2019.

Medicaid Rates, Services, and Benefit Changes, MAR 37-888
Comments were received.  The department intends to apply these rule amendments effective October 1, 2019

Pertaining to youth care facilities, MAR 37-885
Comments were received.  These rule amendments are effective October 1, 2019.

Montana Trauma System Plan 2019, MAR 37-880
No comments were received.  The rule amendment is effective upon publication.

Medicaid Management Information System (MMIS), MAR 37-886
Comments were received.  Effective July 1, 2019, the department will reference the Montana Developmental Disabilities Program Services Manual

Medicaid Rates, Services, and Benefit Changes – MAR 37-878
Comments were received – The department intends to apply these rule amendments retroactively to July 1, 2019

Nursing Facility Reimbursement – MAR 37-882
Comments were received – The department intends to apply this rule amendment retroactively to July 1, 2019.

 

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Corrected Notices/Other Notices

 

Private Alternative Adolescent Residential Programs or Outdoor Programs (PAARP), Mar 37-890
Amended Notice to include fiscal impact statement.

Foster Care Licensing Requirements, MAR 37-830
Corrected Notice to correct wording. 

Medical Marijuana Program, MAR 37-895
Notice of Proposal of Adoption of Temporary Rules and Amendment

Healthy Learning Environments in Montana Public School, Extend Comment Period – MAR 37-873
Comment period extended to September 16, 2019

Medicaid Rates, Services, and Benefit Changes, Corrected Notice – MAR 37-878