Montana Administrative Register Notice 24-29-348 No. 19   10/04/2019    
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In the matter of the amendment of ARM 24.29.1616 pertaining to the drug formulary in the Utilization and Treatment Guidelines for Workers' Compensation and Occupational Disease









            TO: All Concerned Persons


            1. On November 1, 2019, at 10:00 a.m., the Department of Labor and Industry (department) will hold a public hearing in conference rooms A and B of the Beck Building, 1805 Prospect 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 rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 4:00 p.m., October 25, 2019, to advise us of the nature of the accommodation that you need.  Please contact Jason Swant, Employment Relations Division, P.O. Box 8011, Helena, Montana 59604; telephone (406) 444-6451; facsimile (406) 444-4140; Montana TTD (406) 444-5549; or e-mail JSwant@mt.gov.


            3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


            24.29.1616 INCORPORATION BY REFERENCE AND UPDATES TO THE FORMULARY (1) remains the same.

            (2) The department adopts and incorporates by reference the October 2018 edition of the ODG Drug Formulary as 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; and

            (b) for prescriptions written on or after January 1, 2020, the October 2019 edition of the ODG Drug Formulary.

            (3) through (5) remain the same.


            AUTH: 39-71-203, 39-71-704, MCA

            IMP:     39-71-704, MCA


REASON: There is reasonable necessity to amend ARM 24.29.1616 because the department has adopted a commercial fee schedule. The fee schedule rule must be updated annually via the administrative rule amendment process in order to comply with the provisions of 39-71-704(3)(b)(i) and (ii), MCA (2017). The annual rule amendments serve to "catch up" the monthly updates to the formulary rule that are made by the vendor of the formulary, the ODG. The automatic monthly update process is expressly provided for by 2-4-307(8), MCA.


            4. Copies of the proposed 2019 ODG Drug Formulary are available and can be accessed online at: http://erd.dli.mt.gov/work-comp-claims/medical-regulations/formulary.


            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 Jason Swant, Employment Relations Division, P.O. Box 8011, Helena, MT 59604; fax (406) 444-4140; or e-mail JSwant@mt.gov, and must be received no later than 5:00 p.m., November 8, 2019.


            6. 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 e-mail or mailing address of the person to receive notices, and specifies the particular subject matter or matters regarding which the person wishes to receive notices. Such written request may be mailed or delivered to the Department of Labor and Industry, attention: Mark Cadwallader, 1315 E. Lockey Avenue, P.O. Box 1728, Helena, Montana 59624-1728, faxed to the department at (406) 444-1394, or e-mailed to mcadwallader@mt.gov, or may be made by completing a request form at any rules hearing held by the agency.


            7. An electronic copy of this notice of public hearing is available through the Secretary of State's web site at https://sosmt.gov/arm/. 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.


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


            9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.


            10. The Office of Administrative Hearings, Department of Labor and Industry, has been designated to preside over and conduct this hearing.





Mark Cadwallader

Alternate Rule Reviewer


Galen Hollenbaugh, Commissioner



            Certified to the Secretary of State September 24, 2019.

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