BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                                STATE OF MONTANA 

 

In the matter of the amendment of ARM 24.29.1611 and 24.29.1616 pertaining to medical utilization and treatment guidelines for workers' compensation purposes

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

            TO: All Concerned Persons

 

            1. On June 11, 2021, at 10:00 a.m., the Department of Labor and Industry (department) will hold a public hearing via remote conferencing to consider the proposed amendment of the above-stated rules. There will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways:

            a. Join Zoom Meeting, https://mt-gov.zoom.us/j/86418258255,

                  Meeting ID: 864 1825 8255

            -OR-

            b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656,

                  Meeting ID: 864 1825 8255

 

            The hearing will begin with a brief introduction by department staff to explain the use of the videoconference and telephonic platform. All participants will be muted except when it is their time to speak.

 

            2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on June 4, 2021, to advise us of the nature of the accommodation that you need. Please contact Celeste Ackerman, Employment Relations Division, P.O. Box 8011, Helena, Montana 59604-8011; telephone (406) 444-6604; facsimile (406) 444-4140; Montana TTD (406) 444-5549; or e-mail celeste.ackerman@mt.gov.

 

            3. The rules proposed to be amended are as follows, stricken matter interlined, new matter underlined:

 

            24.29.1611 UTILIZATION AND TREATMENT GUIDELINES

            (1) through (1)(d) remain the same.

            (e)  for medical services provided January 1, 2018 through June 30, 2019:  "Montana Utilization and Treatment Guidelines, 5th edition, 2017"; and

            (f)  for medical services provided on or after July 1, 2019 through June 30, 2021:  "Montana Utilization and Treatment Guidelines, 6th edition, 2019."; and

            (g) for medical services provided on or after July 1, 2021: "Montana Utilization and Treatment Guidelines, 7th edition, 2021."

            (2) through (2)(g) remain the same.

            (h) Mild Traumatic Brain Injury;

            (i) Eye Injury Moderate/Severe Traumatic Brain Injury; and

            (j) through (7) remain the same.

 

AUTH: 39-71-203, 39-71-704, MCA

IMP:     39-71-704, MCA

 

REASON: There is reasonable necessity to amend ARM 24.29.1611 in order to incorporate updated medical guidelines that appropriately reflect the state of the art for medical treatment and utilization for workers' compensation purposes.

 

            24.29.1616 INCORPORATION BY REFERENCE AND UPDATES TO THE FORMULARY (1) through (2)(a) remain the same.

            (b) for prescriptions written between January 1, 2020 through December 31, 2020, the October 2019 edition of the ODG Drug Formulary; and

            (c) for prescriptions written on or after between January 1, 2021 through June 30, 2021, the October 2020 edition of the ODG Drug Formulary.; and

            (d) for prescriptions written on or after July 1, 2021, the April 2021 edition of the ODG Drug Formulary.

            (3) and (4) remain the same.

            (a) the department's web site, at http://erd.dli.mt.gov/work-comp-claims/medical-regulations https://erd.dli.mt.gov/work-comp-claims, at no charge;

            (b) through (5) remain the same.

 

AUTH: 39-71-203, 39-71-704, MCA

IMP:     39-71-704, MCA

 

REASON:  There is reasonable necessity to amend this rule to incorporate by reference the updated applicable drug formulary as authorized and required by 39-71-704, MCA.

 

            4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to Celeste Ackerman, Employment Relations Division, P.O. Box 8011, Helena, MT 59604-8011; fax (406) 444-4140; or e-mail to celeste.ackerman@mt.gov, and must be received no later than 5:00 p.m., on June 11, 2021.

 

            5. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request, which includes the name and e-mail or mailing address of the person to receive notices, and specifies the particular subject matter or matters regarding which the person wishes to receive notices. Such written request may be mailed or delivered to the Department of Labor and Industry, attention:  Laura Ducolon, 1315 E. Lockey Avenue, P.O. Box 1728, Helena, Montana 59624-1728, faxed to the department at (406) 444-4493, or e-mailed to Laura.Ducolon@mt.gov.

 

            6. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            7. Pursuant to 2-4-111, MCA, the department has determined that the rule changes proposed in this notice will not have a significant and direct impact upon small businesses.

 

            8. Department staff has been designated to preside over and conduct this hearing.

 

/s/ QUINLAN L. O'CONNOR Quinlan L. O'Connor Alternate Rule Reviewer	/s/ LAURIE ESAU Laurie Esau, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

            Certified to the Secretary of State May 3, 2021.