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 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 severe and disabling mental illness, MAR 37-958
Public hearing scheduled for September 30, 2021. Comment period ends October 8, 2021.

Pertaining to school immunization requirements, MAR 37-956
Public hearing scheduled for August 26, 2021. Comment period ends September 3, 2021.

Pertaining to licensed marriage and family therapist, MAR 37-952
Public hearing scheduled for August 26, 2021. Comment period ends September 3, 2021.

Pertaining to youth foster home, MAR 37-953

Public hearing scheduled for August 12, 2021. Comment period ends August 20, 2021.

Pertaining to marijuana testing laboratory licensing, MAR 37-950
Public hearing scheduled for July 29, 2021. Comment period ends August 6, 2021.

Pertaining to low income energy assistance program (LIEAP), MAR 37-951
Public hearing scheduled for July 29, 2021. Comment period ends August 6, 2021.

Pertaining to developmental disabilities program provider rates update, MAR 37-949
Public hearing scheduled for July 15, 2021. Comment period ends July 23, 2021.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-944
Public hearing scheduled for July 1, 2021. Comment period ends July 9, 2021.

Pertaining to youth care facility requirements, MAR 37-946
Public hearing scheduled for July 1, 2021. Comment period ends July 9, 2021.

Pertaining to nursing facility reimbursement, MAR 37-948
Public hearing scheduled for July 1, 2021. Comment period ends July 9, 2021.

Pertaining to fees for copies of death certificates, the amendment of birth certificate gender designations, and issuance of a replacement certificate, MAR 37-945
Public hearing scheduled for June 17, 2021. Comment period ends June 25, 2021.

Pertaining to hospice fee schedule, MAR 37-943
Public hearing scheduled for May 20, 2021. Comment period ends May 28, 2021.

Pertaining to low income weatherization assistance program, MAR 37-942
Public hearing scheduled for May 6, 2021. Comment period ends May 14, 2021.

Pertaining to trauma facility designation, MAR 37-930
Public hearing is September 22, 2020. Comment period ends September 25, 2020.

Pertaining to Medicaid rates and services, MAR 37-925
Public hearing scheduled August 27, 2020. Comment period ends September 4, 2020.

Pertaining to graduate medical education methodology changes, MAR 37-926
Public hearing scheduled August 27, 2020. Comment period ends September 4, 2020.

Pertaining to home and community-based services, MAR 37-928
Public hearing scheduled August 27, 2020. Comment period ends September 4, 2020.

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Amended Proposal Notices

Pertaining to developmental disabilities program provider rates update, MAR 37-949
Second public hearing scheduled for September 30, 2021. Extended comment period ends October 8, 2021.

Pertaining to Medicaid and non-Medicaid rates, fee schedules, and effective dates, MAR 37-944
Supplemental public hearing scheduled for July 15, 2021. Comment period extended to July 23, 2021.

Adoption Notices

Pertaining to youth care facility requirements, MAR 37-946
Comments were received. Rule amendments were amended based on comments. Rule amendments are effective October 1, 2021.

Pertaining to licensed marriage and family therapist, MAR 37-952
No Comments were received. Rule amendments are effective retroactively to April 1, 2021.

Pertaining to youth foster homes, MAR 37-953
No Comments were received. Rule amendments are effective retroactively to May 1, 2021.

Pertaining to pertaining to nursing facility reimbursement, MAR 37-948
Comments were received. Rule amendments effective retroactively to July 1, 2021.

Pertaining to marijuana testing laboratory licensure, MAR 37-950
No comments received.  New rule effective upon publication.

Pertaining to low income energy assistance program (LIEAP), MAR 37-951
No comments were received.  Rule amendments are effective October 1, 2021.

Pertaining to fees for copies of death certificates, the amendment of birth certificate gender designations, and issuance of a replacement certificate, MAR 37-945
Comment were received. Rule amendments effective July 24, 2021.

Pertaining to hospice fee schedule, MAR 37-943
Comments were received. The rule amendments are effective retroactive to October 1, 2020.

Pertaining to low income weatherization assistance program, MAR 37-942
No comments were received. Rule amendments are effective July 1, 2021.

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Corrected Notices/Other Notices

Pertaining to the Montana Medical Marijuana Program, MAR 42-1030
In the matter of the transfer of ARM Title 37, chapter 107, subchapters 1, 2, and 4 pertaining to the Montana Medical Marijuana Program from DPHHS to Department of Revenue.

Pertaining to update of effective dates and inclusion of Medicaid manual changes, MAR 37-941
Notice of agency decision to withdraw proposal notice.

Pertaining to licensed marriage and family therapists and policy changes for medication assisted treatment, MAR 37-940
Amended notice of public hearing on proposed amendment. Additional hearing scheduled March 4, 2021. Extended comment period ends March 12, 2021.

Pertaining to Medicaid provider rates, fee schedules, and effective dates, MAR 37-933
Notice of extension of comment period. Comment period has been extended to January 22, 2021.

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