(1) The department will annually undertake formal rulemaking to select a formulary. The formulary may be any one of the following:
(a) a formulary published by a commercial vendor;
(b) a formulary published by another state for use in workers' compensation and occupational disease claims; or
(c) a formulary specially developed by the department.
(2) The department adopts and incorporates by reference its formulary as follows:
(a) for prescriptions written between January 1, 2019 through December 31, 2019, the October 2018 edition of the ODG Drug Formulary;
(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 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) Pursuant to 2-4-307, MCA, the automatic monthly updates of the annually adopted edition of the formulary are incorporated by reference without additional rulemaking, and are applicable as of the date the update is posted on the department's web site.
(4) The formulary is available from:
(a) the department's web site, at http://erd.dli.mt.gov/work-comp-claims, at no charge;
(b) the department at Employment Relations Division, Medical Regulations, P.O. Box 8011, Helena, MT 59624-8011, at the costs of reproduction and postage for a printed .pdf version; and
(c) the vendor, via electronic access, at a subscription rate charged by the vendor, which may include supplemental information or materials that are not incorporated by reference. The vendor may be contacted via the internet at www.mcg.com/odg, and at ODG by MCG Health, 3006 Bee Caves Road, Suite A250, Austin, TX 78746.
(5) Archived versions of the formulary will be maintained by the department for five years from the date of the adoption of the formulary.