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

) ) ) ) )

NOTICE OF AMENDMENT

 

            TO: All Concerned Persons

 

            1. On May 14, 2021, the Department of Labor and Industry (department) published MAR Notice No. 24-29-371 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 536 of the 2021 Montana Administrative Register, Issue Number 9.

 

            2. The department held a public hearing on June 11, 2021, over the Zoom videoconference and telephonic platform at which members of the public commented. Written comments were received during the public comment period.

 

            3. The department has thoroughly considered the comments made. A summary of the comments and the department's responses are as follows:

 

COMMENT 1: A commenter spoke in favor of the amendments.  The commenter noted that a qualified group of experts and stakeholders engaged in the process of developing the 2021 Utilization and Treatment Guidelines for traumatic brain injury.

 

RESPONSE 1: The department acknowledges the comment.

 

COMMENT 2: A commenter spoke in favor of the amendments, specifically the update to the April 2021 edition of the ODG Drug Formulary.  The commenter complimented the administration of Montana's workers' compensation system.

 

RESPONSE 2: The department acknowledges the comment.

 

COMMENT 3: A commenter noted that the amendments to ARM 24.29.1616 only allow for the use of the April 2021 edition of the ODG Drug Formulary for all prescriptions written on or after July 1, 2021.  The commenter suggested that the department adopt language that allows for the most current version of the ODG Drug Formulary to be utilized, rather than the current system that requires updated rules for each new edition of the ODG Drug Formulary.

 

RESPONSE 3: The department acknowledges the comment.  If the department adopts a publication by reference, the publication "must be in existence at the time that the agency's notice of proposed rulemaking is published in the register." Section 2-4-307(3)(a)(i), MCA.  When adopting material by reference, the department "may not adopt any later amendments or editions of the material adopted." Section 2-4-307(4), MCA.  The department cannot adopt rules that reference publications or editions that are not yet in existence, as such rules would be an unlawful delegation of rulemaking authority to an entity outside the department.

 

            4. The department has amended ARM 24.29.1611 and 24.29.1616 as proposed.

 

/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 June 15, 2021.