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
Proposal Notices
Pertaining to inpatient rehabilitation facilities, MAR Notice No. 2025-98.1
Public hearing scheduled for May 15, 2025. Comment period ends on May 23, 2025.
Pertaining to Applied Behavior Analysis Services, MAR Notice No. 2025-276.1
Public hearing scheduled for May 15, 2025. Comment period ends on May 23, 2025.
Pertaining to Positive Behavior Support Systems, MAR Notice No. 2025-278.1
Public hearing scheduled for May 16, 2025. Comment period ends on May 23, 2025.
Pertaining to Hospice Reimbursement, MAR Notice No. 2025-522.1
Public hearing scheduled for May 19, 2025. Comment period ends on May 23, 2025
Pertaining to Adult Protective Services, MAR 2025-168.1
Public hearing scheduled March 13, 2025. Comments end March 21, 2025.
Pertaining to Community First Choice Provider Enrollment, MAR 2025-280.1
Public hearing scheduled March 14, 2025. Comments end March 21, 2025.
Pertaining to body piercing and tattooing, MAR 37-1072
Public hearing scheduled January 9, 2025. Comments end January 17, 2025.
Pertaining to Authorized format for Submission of a Vital Record and Amendment Process and Document Requirements, MAR 37-1075
Public hearing scheduled January 10, 2025. Comments end January 17, 2025.
Pertaining to Home and Community-Based Services for Elderly and Physically Disabled Persons: Environmental Accessibility, MAR 37-1086
Public hearing scheduled January 9, 2025. Comments end January 17, 2025.
Pertaining to the battered spouses and domestic violence program, MAR 37-1095
No Public Hearing Contemplated. Comments end January 17, 2025.
Pertaining to Retirement Homes, MAR 37-1100
Public hearing scheduled January 14, 2025. Comments end January 17, 2025.
Pertaining to the Electronic Health Records Incentive Program, MAR 37-1102
No Public Hearing Contemplated. Comments end January 17, 2025.
Pertaining to Developmental Disabilities Program Incident Reporting and Handling, MAR 37-1105
Public hearing scheduled January 13, 2025. Comments end January 17, 2025.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1110
Public hearing scheduled January 13, 2025. Comments end January 17, 2025.
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.
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 Body Piercing and Tattooing , MAR Notice No. 37-1072
Comments were received. The rule adoption is effective April 26, 2025.
Pertaining to Home and Community-Based Services for Elderly and Physically Disabled Persons: Environmental Accessibility, MAR Notice No. 37-1086
Comments were received. The rule adoption is effective April 26, 2025.
Pertaining to Developmental Disabilities Program Incident Reporting and Handling, MAR Notice No. 37-1105
Comments were received. The rule adoption is effective April 26, 2025.
Pertaining to the battered spouses and domestic violence program, MAR 37-1095
No comments were received. The rule adoption is effective April 12, 2025.
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1104
Comments where received.
The rule adoption is effective October 1, 2024.
Pertaining to Authorized Format for Submission of a Vital Record and Amendment Process and Document Requirements, MAR 37-1075
No comments were received. The rule adoption is effective March 17, 2025.
Pertaining to Retirement Homes, MAR 37-1100
No comments were received. The rule adoption is effective February 22, 2025.
Pertaining to the Electronic Health Records Incentive Program, MAR 37-1102
No comments were received. The rule adoption is effective February 22, 2025.
Pertaining to community first choice services, MAR 37-1065.
Comments were received. The rule adoption is effective January 11, 2025.
Pertaining to Vocational Rehabilitation Visual Medical Program, MAR 37-1087.
Comments were received. The rule adoption is effective January 11, 2025.
Pertaining to HCBS quality assurance reviews, MAR 37-1089.
Comments were received. The rule adoption is effective January 11, 2025.
Pertaining to adult day care facilities, MAR 37-1099.
Comments were received. The rule adoption is effective January 11, 2025.
Pertaining to certification of persons assisting in the administration of medication, MAR 37-1103.
No comments were received. The rule adoption is effective January 11, 2025.
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 foster care licensing, MAR 37-1004
Comments were received. The rule adoption is effective retroactively to April 13, 2024.
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 the Autism Grant Program, MAR 37-1055
Comments were received. The rule adoption is effective April 13, 2024.
Pertaining to HCBS Setting Regulations, MAR 37-1032
Comments were received. The rule adoption is effective March 23, 2024.
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 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 trauma facility designation, MAR 37-1026
Comments were received. The rule adoption is effective January 1, 2024.
Corrected Notices/Other Notices
Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1110
Comment period extended to March 21, 2025.
Pertaining to Mental Health Medicaid Funded 1115 and 1915 Waivers training, MAR 37-1034