Montana Administrative Register Notice 37-943 No. 12   06/25/2021    
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BEFORE THE Department of Public

health and human services of the



In the matter of the amendment of ARM 37.40.830 pertaining to hospice fee schedule






TO: All Concerned Persons


1. On April 30, 2021, the Department of Public Health and Human Services published MAR Notice No. 37-943 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 462 of the 2021 Montana Administrative Register, Issue Number 8.


2. The department has amended the above-stated rule as proposed.


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


Comment #1: A commenter requested the department consider revising ARM 37.40.830 to remove the requirement for hospice providers to bill Medicaid for room and board and then reimburse nursing home facilities for the cost of the room and board.


Response #1: The change proposed by the commenter would also require revising ARM 37.40.339, which is a separate rule that is not the subject of this proposed rulemaking. The commenter’s proposed change is outside the scope of this proposed rulemaking and cannot be made by the department at this time.


            4. The department intends to apply this rule amendment retroactively to October 1, 2020. Any decreases in hospice rates will not be applied retroactively and are effective upon adoption of the proposed rule amendment. A retroactive application of the proposed rule does not result in a negative impact to any affected party.



/s/ Robert Lishman                                      /s/ Adam Meier                                            

Robert Lishman                                           Adam Meier, Director

Rule Reviewer                                             Public Health and Human Services



Certified to the Secretary of State June 15, 2021.



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