Montana Administrative Register Notice 24-29-223 No. 16   08/23/2007    
    Page No.: 1152 -- 1153
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In the matter of the proposed amendment                ) NOTICE OF PUBLIC HEARING

of ARM 24.29.1529 related to allowable                  ) ON PROPOSED AMENDMENT

charges for prescription drugs under a                     )

workers' compensation claim                                     )


TO: All Concerned Persons


1. On September 14, 2007, at 10:00 a.m., the Department of Labor and Industry (department) will hold a public hearing to be held in the first floor conference room (room 104), Walt Sullivan Building, 1327 Lockey Avenue, Helena, Montana to consider the proposed amendment of the above-stated rule.


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 September 7, 2007, to advise us of the nature of the accommodation that you need. Please contact the Workers' Compensation Regulations Bureau, Employment Relations Division, Department of Labor and Industry, Attn: Keith Messmer, P.O. Box 8011, Helena, MT 59624-8011; telephone (406) 444-6541; fax (406) 444-3465; TDD (406) 444-5549; or e-mail kmessmer@mt.gov.


3. On June 29, 2007, the department held a public hearing to consider the proposed adoption of the above-stated rule. Based on written comments received, the department decided to adopt the rule as soon as possible in order to promulgate the rule in a timely manner. The rule is adopted elsewhere in this issue of the Register.


4. The rule proposed to be amended provides as follows, stricken material interlined, new material underlined:


24.29.1529 PRESCRIPTION DRUGS FEE SCHEDULE (1) through (1)(c) remain the same.

(d) For the purposes of this rule, average wholesale prices must be updated weekly monthly.

(2) remains the same.


AUTH: 39-71-203, MCA

IMP: 39-71-727, 39-71-743, MCA


REASON: There is reasonable necessity to amend ARM 24.29.1529 to specify that the average wholesale price of a drug be updated monthly rather than weekly because it has recently come to the attention of the department that updating the price weekly rather than monthly will dramatically increase the administrative costs for payers without producing a corresponding savings in the drug prices.


5. 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: Keith Messmer, Bureau Chief, Workers' Compensation Regulations Bureau, Employment Relations Division, Department of Labor and Industry, P.O. Box 8011, Helena, Montana 59624-8011; by facsimile to (406) 444-3465; or by e-mail to kmessmer@mt.gov, and must be received no later than 5:00 p.m., September 21, 2007.


6. An electronic copy of this Notice of Public Hearing is available through the department's web site at http://dli.mt.gov/events/calendar.asp, under the Calendar of Events, Administrative Rules Hearings Section. The department strives to make the electronic copy of this Notice of Public Hearing conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that a person's difficulties in sending an e-mail do not excuse late submission of comments.


7. 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 mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all Department of Labor and Industry administrative rulemaking proceedings or other administrative proceedings. Such written request may be mailed or delivered to the Department of Labor and Industry, attention: Mark Cadwallader, 1327 Lockey Avenue, P.O. Box 1728, Helena, Montana 59624-1728, faxed to the department at (406) 444-1394, e-mailed to mcadwallader@mt.gov, or may be made by completing a request form at any rules hearing held by the agency.


8. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.


9. The department's Hearings Bureau has been designated to preside over and conduct this hearing.



/s/ MARK CADWALLADER                                  /s/ KEITH KELLY

Mark Cadwallader                                                  Keith Kelly, Commissioner

Alternate Rule Reviewer                                        DEPARTMENT OF LABOR AND INDUSTRY


Certified to the Secretary of State August 13, 2007

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