Montana Administrative Register Notice 37-972 No. 3   02/11/2022    
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BEFORE THE Department of Public

health and human services of the



In the matter of the amendment of ARM 37.85.105 pertaining to updating the effective dates of Medicaid fee schedules







TO: All Concerned Persons


1. On December 23, 2021, the Department of Public Health and Human Services published MAR Notice No. 37-972 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 1887 of the 2021 Montana Administrative Register, Issue Number 24.


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: The department received a comment regarding the section of the statement of reasonable necessity relating to the dental fee schedule change. The commenter stated on page 1890 of MAR Notice No. 37-972, section (3)(d) addresses the Current Dental Terminology (CDT) 2021, instead of the 2022 CDT.


RESPONSE #1: The department agrees with the comment. The statement of reasonable necessity incorrectly references the 2021 CDT, and it should have stated 2022 CDT. This was an administrative error and does not impact the January 1, 2022 Dentist Fee Schedule changes.


            4. The department intends to apply these rules retroactively to January 1, 2022. A retroactive application of the proposed rules does not result in a negative impact to any affected party.



/s/ Brenda K. Elias                                       /s/ Adam Meier                                            

Brenda K. Elias                                            Adam Meier, Director

Rule Reviewer                                              Public Health and Human Services



Certified to the Secretary of State February 1, 2022.


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