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

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 trauma facility designation, MAR 37-1026
Public hearing scheduled September 28, 2023.  Comments end October 6, 2023.

Pertaining to the increase of laboratory fees, MAR 37-1029
Public hearing scheduled September 28, 2023.  Comments end October 6, 2023.

Pertaining to Developmental Disabilities Program Incident Reporting and Handling, MAR 37-1025
Public hearing scheduled September 15, 2023.  Comments end September 22, 2023.

Pertaining to Developmental Disabilities Program Reimbursement for Services, MAR 37-1036
Public hearing scheduled August 10, 2023.  Comments end August 18, 2023.

Pertaining to chemical dependency programs and Medicaid mental health services, MAR 37-1033
Public hearing scheduled August 11, 2023.  Comments end August 18, 2023.

Pertaining to emergency medical services, MAR 37-1017
Public hearing scheduled July 31, 2023.  Comments end August 4, 2023.

Pertaining to Medicaid Home and Community-Based Services Program, MAR 37-1035
Public hearing scheduled July 27, 2023.  Comments end August 4, 2023.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1037
Public hearing scheduled July 27, 2023.  Comments end August 4, 2023.

Pertaining to nursing facility reimbursement, MAR 37-1038
Public hearing scheduled July 31, 2023.  Comments end August 4, 2023.

Pertaining to Applied Behavior Analysis Services, MAR 37-1028
Public hearing scheduled June 15, 2023.  Comments end June 23, 2023.

Pertaining to hospice reimbursement, MAR 37-1030
Public hearing scheduled June 15, 2023.  Comments end June 23, 2023.

Pertaining to the Low Income Home Energy Assistance Program (LIHEAP), MAR 37-1006
Public hearing scheduled April 13, 2023.  Comments end April 21, 2023.

Pertaining to the Food Distribution Program on Indian Reservations, MAR 37-1011
Public hearing scheduled April 13, 2023.  Comments end April 21,2023.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1023
Public hearing scheduled April 14, 2023.  Comments end April 21, 2023.

Pertaining to the Montana tumor registry, MAR 37-1013
Public hearing scheduled February 16, 2023, at 2:00 p.m.  Comments end February 24, 2023.

Pertaining to laboratories that conduct analyses of public water supplies, MAR 37-1015
No public hearing contemplated.  Comments end February 24, 2023.

Pertaining to Medicaid coverage of abortion services, MAR 37-1024
Public hearing scheduled January 12, 2023. Comments end January 20, 2023.

Pertaining to Healthy Montana Kids Evidence of Coverage, MAR 37-970
Public hearing scheduled December 29, 2022, at 9:00 a.m. Comments end January 6, 2023.

Pertaining to public swimming pools, MAR 37-982
Public hearing scheduled December 29, 2022, at 10:00 a.m. Comments end January 6, 2023.

Pertaining to Marijuana Sampling Protocols, MAR 37-998
Public hearing scheduled December 29, 2022, at 1:00 p.m. Comments end January 6, 2023.

Pertaining to premarital blood testing, MAR 37-1016
No public hearing contemplated.  Comments end January 6, 2023.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1018
Public hearing scheduled December 8, 2022.  Comments end December 16, 2022.

Pertaining to the licensure of day care facilities, MAR 37-1020
The public hearing has been postponed until further notice -  Notice of Postponement

Amended Proposal Notices

Adoption Notices

Pertaining to emergency medical services, MAR 37-1017
Comments were received. The rule adoption is effective September 9, 2023.

Pertaining to Developmental Disabilities Program Reimbursement for Services, MAR 37-1036
Comments were received. The rule adoption is retroactively effective to July 1, 2023.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1037
Comments were received. The rule adoption is retroactively effective to July 1, 2023.

Pertaining to nursing facility reimbursement, MAR 37-1038
Comments were received. The rule adoption is retroactively effective to July 1, 2023.

Pertaining to Applied Behavior Analysis Services, MAR 37-1028
Comments were received.  The rule adoption is effective September 1, 2022.

Pertaining to hospice reimbursement, MAR 37-1030
No comments were received.  The rule adoption is retroactively effective October 1, 2022.

Pertaining to the Low Income Home Energy Assistance Program (LIHEAP), MAR 37-1006
No comments were received.  The rule adoption is effective October 1, 2022.

Pertaining to the Food Distribution Program on Indian Reservations, MAR 37-1011
No comments were received.  The rule adoption is effective May 27, 2023.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1023
No Comments were received. The rule adoption is effective retroactively to April 1, 2023.

Pertaining to Medicaid coverage of abortion services, MAR 37-1024
474 written submissions where received. The rule adoption is effective May 1, 2023.

Pertaining to the Montana Tumor Registry, MAR 37-1013
No comments were received.  The rule adoption is effective March 25, 2023.

Pertaining to laboratories that conduct analyses of public water supplies, MAR 37-1015
No comments were received.  The rule adoption is effective March 25, 2023.

Pertaining to Healthy Montana Kids Evidence of Coverage, MAR 37-970
Comments were received. The rule amendment is effective retroactively to January 1, 2023.

Pertaining to public swimming pools, MAR 37-982
No comments were received. The rule amendment is effective February 25, 2023.

Pertaining to premarital blood testing, MAR 37-1016
No comments were received. The rule amendment is effective February 25, 2023.

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1018
Comments were received. The rule amendments are effective retroactively to January 1, 2023, with the exception of the Medicaid youth mental health services fee schedule which will be effective May 12, 2023.  A retroactive application of the proposed rule amendments does not result in a negative impact to any affected party.

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.

Corrected Notices/Other Notices

Pertaining to updating Medicaid and non-Medicaid provider rates, fee schedules, and effective dates, MAR 37-1018
Notice of extension of comment period on proposed amendment. Comments end February 3, 2023.