REGULATORY ACTIVITY:

• Posted notice of public hearing regarding amendments to treatment guidelines. The rule proposed to be amended is as follows, stricken matter interlined, new matter underlined: 24.29.1611 UTILIZATION AND TREATMENT GUIDELINES

(1) through (1)(c) remain the same. (d)  for medical services provided January 1, 2017 through December 31, 2017: "Montana Utilization and Treatment Guidelines, 4th edition, 2016"; and (e)  for medical services provided on or after January 1, 2018 through June 30, 2019: "Montana Utilization and Treatment Guidelines, 5th edition, 2017."; and (f) for medical services provided on or after July 1, 2019:  "Montana Utilization and Treatment Guidelines, 6th edition, 2019." (2) through (2)(b) remain the same. (c)  Thoracic Outlet Syndrome; (d) remains the same. (e)  Chronic Regional Pain Syndrome Disorder; (f) through (i) remain the same. (j) Cumulative Trauma Conditions. (3) The utilization and treatment guidelines adopted in (1) are to be read in conjunction with the Centers for Disease Control publications: (a)  "CDC Guideline for Prescribing Opioids for Chronic Pain – United States, 2016"; and (b)  2018 edition of "Implementing the CDC Guideline for Prescribing Opioids for Chronic Pain." (3) remains the same but is renumbered (4). (4) (5)  All insurers shall routinely and regularly review claims to ensure that care is consistent with the Montana Guidelines adopted by reference in (1) and (6) (7). (5) and (6) remain the same but are renumbered (6) and (7). REASON: There is reasonable necessity to amend ARM 24.29.1611 in order to incorporate updated medical guidelines that appropriately reflect the state of the art for medical treatment and utilization for workers' compensation purposes.

4. Copies of the proposed 2019 publication identified as the proposed "Montana Utilization and Treatment Guidelines, 6th edition, 2019" is available and can be accessed at http://erd.dli.mt.gov/work-comp-claims/medical-regulations. Copies of the Centers for Disease Control publications proposed to be incorporated by reference can be accessed at:  https://www.cdc.gov/mmwr/volumes/65/rr/rr6501e1.htm?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fmmwr%2Fvolumes%2F65%2Frr%2Frr6501e1er.htm and https://www.cdc.gov/drugoverdose/pdf/prescribing/CDC-DUIP-QualityImprovementAndCareCoordination-508.pdf.
5. A printed version of the proposed 2019 publication is also available by contacting Celeste Ackerman at the address, e-mail, or telephone numbers listed in paragraph 2 of this notice.
6. 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 Celeste Ackerman, Employment Relations Division, P.O. Box 8011, Helena, MT 59604-8011; fax (406) 444-4140; or e-mail to celeste.ackerman@mt.gov, and must be received no later than 5:00 p.m., on April 26, 2019.  To view the notice, go to http://www.mtrules.org/gateway/ShowNoticeFile.asp?TID=9064.

• Proposed updates to the Montana Professional and Facility Fee Schedules have been filed with the Secretary of State. The public hearing will be May 6th, 2019 at 10:00 am.  The hearing will be at the Beck Building, 1805 Prospect Avenue, Helena, MT, conference room A/B on the 2nd floor.  The proposed changes will be effective July 1, 2019. The Department has completed the review and update of the Facility and Professional Fee Schedules.  The proposed updates have been posted on https://mtwc.optum.com/feeSchedule.aspx (professional fee) and http://erd.dli.mt.gov/work-comp-claims/medical-regulations/montana-facility-fee-schedule (facility fee).

LEGISLATIVE ACTIONS:

• Senate Bill 160

The enacted legislation established presumptive coverage for firefighters under workers’ compensation for certain diseases associated with firefighting and providing conditions.  The legislation provides a rebuttal option for insurers. In addition, the legislation provides opt-in choice for volunteer firefighting entities. The presumption applies to certain diseases when the firefighter has a set number of years of service as a firefighter. Effective Date July 1, 2019.

REGULATORY ACTIVITY:

• Posted notice in the state register notice of adoption of new rules I and II and the amendment of additional workers' compensation rules.  To view a copy of the notice, go to http://www.mtrules.org/gateway/ShowNoticeFile.asp?TID=8921.
• Posted notice of adoption of rules pertaining to utilization and treatment guidelines, including a drug formulary for workers' compensation.  To view a copy of the notice, go to http://www.mtrules.org/gateway/ShowNoticeFile.asp?TID=8919.  A copy of the notice is attached.  To view information about the formulary, go to http://erd.dli.mt.gov/work-comp-claims/medical-regulations/formulary.
• Announced the 2019 Workers’ Comp Medical Symposium being held on March 21, 2019 at the Delta Hotel Helena 2301 Colonial Drive, Helena Montana.  Registration begins February 1, 2019.  For information contact Cindy Zimmerman 406-444-1752Zimmerman@mt.gov.

REGULATORY ACTIVITY:

• Notice of Public Hearing Related to the Workers’ Compensation Drug Formulary: On November 9, 2018, at 10:00 a.m., the Department of Labor and Industry will hold a public hearing in the basement auditorium at the DPHHS building, 111 North Sanders Street, Helena, Montana, to consider the proposed adoption, amendment, amendment and transfer, and transfer of the rules relating to the Montana workers’ compensation medical utilization and treatment guidelines, including a drug formulary which was adopted through Senate Bill 312.  If you have questions please contact Cindy Zimmerman at zimmerman@mt.gov or Adrianne McLean at amclean@mt.gov.

REGULATORY ACTIVITY:

• On August 31, 2018, at 10:00 a.m., the Department of Labor and Industry held a public hearing in conference rooms A and B of the Beck Building, 1805 Prospect Avenue, Helena, Montana. The proposed adoption of two new rules, the amendment of 15 rules and the repeal of 37 rules, all related to workers’ compensation matters were to be discussed.

FEE SCHEDULE NEWS:

• The state has adopted and published a new fee schedule for medical and hospital services with an effective date of July 1, 2018. The next update is expected in July 2019.

REGULATORY ACTIVITY:

• Finalized Amendment for 2018 Fee Schedules Effective July 1, 2018: The fee schedules to be effective July 1, 2018, have been finalized and are now in rule. The message of "proposed" will be removed by June 30, 2018.
• To view a copy of the order adopting amendments to the 2019 fee schedule, go to http://www.mtrules.org/gateway/ShowNoticeFile.asp?TID=8543.

REGULATORY ACTIVITY:

• Posted notice of a hearing regarding the 2018 Workers' Compensation Proposed Fee Schedule.  The hearing is scheduled on April 20, 2018 at 10:00 A.M. in the Beck Building 2nd Floor Conference Rooms A & B at 1805 Prospect Avenue in Helena Mt.  To view the proposed fee schedule, go to https://mtwc.optum.com/overview.aspx.  The proposed effective date is July 1, 2018.
• Posted notice of public hearing on proposed amendment to rule 24-29-335 regarding the workers' compensation facility service rules and rates and conversion factors.  The hearing will be held on April 20, 2018, at 10:00 a.m. The Department of Labor and Industry 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 rules.

REGULATORY ACTIVITY:

• Is holding a public hearing for the amendment of rules pertaining to classification of workers.  The hearing will be held on March 2, 2018 at 1:30 PM in Conference room A & B 1805 Prospect Helena, MT. The proposed amendments are to ARM 24.17.127 pertaining to classification of workers for heavy construction services on public works projects.

REGULATORY ACTIVITY:

• Posted notice of the 10th meeting of the Formulary Committee. The meeting will be held at ERD 2nd Floor Conference Room A&B-1805 Prospect Ave.  The meeting will have presentations from several PBM's and further discussion on moving forward with the formulary processes.  The meeting is scheduled for 3 hours.  The meeting is to be held on December 7, 2017 starting at 1:00 P.M. Mountain Standard Time.  Participants may join the meeting off sight by going to https://global.gotomeeting.com/join/694238477  or by calling into 1 571 317 3122.  If you call in the access code 694-238-477.
• Montana Governor Steve Bullock announced he has appointed Galen Hollenbaugh to serve as the Commissioner of the Montana Department of Labor & Industry. Galen Hollenbaugh is the Deputy Commissioner for the Montana Department of Labor & Industry.  He has been the Acting Commissioner of the Department since Sept 8, 2017. Hollenbaugh has been working for the State of Montana for over 20 years and has been with Labor & Industry since 2012. A Missoula native, Hollenbaugh, age 49, received a B.A. in Political Science and a Masters of Public Administration from the University of Montana.  In addition to his tenure with multiple state agencies, Hollenbaugh also served 4 terms in the Montana House of Representatives, representing the south-central area of Helena.

REGULATORY ACTIVITY:

• Posted an amended notice of public hearing regarding Treatment Guidelines.  The amended meeting is on October 2, 2017 in Sanders Auditorium - 111 North Sanders St, Helena.  In the matter,  of the amended notice of public hearing on proposed amendment of ARM 24.29.1591 related to utilization and treatment guidelines for workers' compensation injuries http://erd.dli.mt.gov/work-comp-claims/medical-regulations/utilization-and-treatment-guidelines24-29-323 pro-arm.docx.

REGULATORY ACTIVITY:

• The Department issued administrative rules and proposed updates for Lower Extremities chapter and General Guideline Principals for all chapters.  The proposed effective date is 01/01/2018.  The Department is holding a public meeting on October 2, 2017 at 9:00 A. M. at Sanders Auditorium - 111 North Sanders Street, Helena in the matter of the amendment of ARM 24.29.1591 related to utilization and treatment guidelines for workers' compensation injuries.  To review the guidelines for the meeting go to http://erd.dli.mt.gov/work-comp-claims/medical-regulations/utilization-and-treatment-guidelines.