Montana Administrative Register Notice 37-736 No. 21   11/09/2017    
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BEFORE THE Department of Public

health and human services of the



In the matter of the adoption of New Rules I through IV and the repeal of ARM 37.27.901, 37.27.904, 37.27.907, 37.27.908, 37.27.912, 37.27.916, 37.27.920, 37.27.921, and 37.27.926 pertaining to Medicaid substance use disorder services






TO: All Concerned Persons


1. On August 4, 2017, the Department of Public Health and Human Services published MAR Notice No. 37-736 pertaining to the public hearing on the proposed adoption and repeal of the above-stated rules at page 1258 of the 2017 Montana Administrative Register, Issue Number 15.


2. The department has adopted New Rule I (37.27.902), II (37.27.903), III (37.27.905), and IV (37.27.906) as proposed. The department has repealed the above-stated rules as proposed.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:  The department received one comment from the Montana Medical Association (MMA).  While the MMA supports the rules, it recommends adding language to New Rule IV requiring a prescribing provider to have an in-person relationship with a patient to whom the provider issues a controlled substance designated in Schedule II for MAT services.


Response #1:  The department thanks MMA for this comment, and acknowledges the importance for ensuring standards of care for MAT delivery, as well as ensuring that patients receive quality wrap-around services. The department will release proposed MAT rules in the coming weeks which will establish requirements for initiating and maintaining provider-patient relationship through face-to-face and telemedicine delivery.  As soon as the MAT rules are approved, the department will propose amending the necessary rules to reference MAT rules for SUD treatment.



/s/ Francis X. Clinch                                                /s/ Shannon McDonald for                        

Francis X. Clinch                                                    Sheila Hogan, Director

Rule Reviewer                                                        Public Health and Human Services


Certified to the Secretary of State October 30, 2017.

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