REGULATORY ACTIVITY:

• On January 12, 2018 at 10:00 a.m., the Department of Labor and Industry will hold a public hearing in the basement auditorium of the Sanders Building (DPHHS), 111 North Sanders, Helena, Montana, to consider the adoption of the new rule. The proposed rule and Montana Workers Compensation Housing, Rent, or Lodging Monthly Rates by selecting the link are attached.  Persons may present their data, views, or arguments, either orally or in writing, at the hearing. Data, views, or arguments may also be submitted to:  The Department of Labor and Industry, Attn: Jason Swant, Employment Relations Division, P.O. Box 8011, Helena, MT  59604-8011; or email JSwant@mt.gov, and must be received no later than 5:00 p.m., January 19, 2018.

FEE SCHEDULE NEWS:

• A new Medical and Hospital Fee Schedule has been adopted with an effective date of July 1, 2020. The next update is expected July 2021.

REGULATORY ACTIVITY:

• Posted notice of a proposed amendment to NCCI Workers' Compensation Classifications.  The public hearing regarding the changes will be held on July 8, 2020, comments will be taken until July 16, 2020.  In the matter of the amendment of ARM 6.6.8301 pertaining to establishment, deletion, or revision of classifications for various industries for supplementing the NCCI Basic Manual for Workers' Compensation and Employers Liability Insurance.  To view this notice, go to https://csimt.gov/laws-rules/.
• In the matter of the amendment of ARM 29.1433, 24.29.1534, and 24.29.1538 pertaining to medical fee schedules for workers' compensation purposes. NOTICE OF AMENDMENT; TO: All Concerned Persons:  1. On April 17, 2020, the Department of Labor and Industry (department) published MAR Notice No. 24-29-354 pertaining to the public hearing on the proposed amendment to the above-stated rules at page 634 of the 2020 Montana Administrative Register, Issue Number 7.   2. The department held a public hearing in Helena on May 8, 2020, over the Zoom videoconference and telephonic platform at which one member of the public commented on the proposed rule actions.  Written comments were not received during the public comment period.   3. The department has thoroughly considered the comments made.  A summary of the comment and the department's response are as follows: COMMENT 1:  A commenter spoke in favor of the proposed rules, noting that the amendments to the proposed rules are based on the governing statutes and rules. RESPONSE 1:  The department acknowledges the comment.4.  The department has amended ARM 24.29.1433, 24.29.1534, and 24.29.1538 as proposed.  To view this notice, go to http://www.mtrules.org/gateway/ShowNoticeFile.asp?TID=9846.

REGULATORY ACTIVITY:

• Posted notice of the proposed medical fee schedule to become effective July 1, 2020.  To view the proposed fee schedules, go to http://erd.dli.mt.gov/work-comp-claims/medical-regulations/montana-facility-fee-schedule.
• Issued and informational bulletin on April 9, 2020.  The department has been communicating with numerous Property and Casualty insurance companies regarding industry-related impacts due to COVID-19.  Several companies have proposed a premium refund, discount or credit to their policyholders during this unforeseen dramatic downturn in the economy as a result of the COVID-19 virus. We commend these companies for helping consumers during a time of great financial need. The purpose of this Bulletin is to provide guidance regarding compliance with regulatory requirements with respect to issuance of refunds, discounts or credits. Insurance companies who desire to issue such refunds, discounts or credits must comply with the attached rate and form filing requirements.  To view this information, go to https://csimt.gov/laws-rules/advisory-memos/.

REGULATORY ACTIVITY:

•  The Commissioner of Securities and Insurance issued an Advisory Memorandum regarding asserting comparative negligence without adequate factual investigation. To view the memorandum, go to https://csimt.gov/laws-rules/advisory-memos/

REGULATORY ACTIVITY:

• Posted notice of hearing for the drug formulary. The hearing will be held in conference rooms A and B Beck Building 1805 Prospect Avenue, Helena, MT. To view the notice, go to http://erd.dli.mt.gov/.

REGULATORY ACTIVITY:

• Posted a notice of hearing on proposed amendment to the current ODG Drug Formulary. The Department is proposing to update the existing rule to incorporate by reference the current ODG Drug Formulary available at the website: http://erd.dli.mt.gov/work-comp-claims/medical-regulations/formulary. Concerned persons may comment orally or in writing at the public hearing. Public comment can also be submitted to Jason Swant, Department of Labor & Industry, 1805 Prospect Avenue, Helena, MT 59624-1728, Tel: (406) 444-6451 TDD/Montana Relay Service/etc.*711.

REGULATORY ACTIVITY:

• The Department is proposing to update the existing rule to incorporate by reference the current ODG Drug Formulary available at the website: http://erd.dli.mt.gov/work-comp-claims/medical-regulations/formulary. Concerned persons may comment orally or in writing at the public hearing. Public comment can also be submitted to Jason Swant, Department of Labor & Industry, 1805 Prospect Avenue, Helena, MT 59624-1728, Tel: (406) 444-6451 TDD/Montana Relay Service/etc.*711.
• On October 16, 2019, at 11:00 a.m., the Classification Review Committee will hold a public hearing in the basement conference room of the Montana Commissioner of Securities and Insurance, at Helena, Montana, to consider the amendment of ARM 6.6.8301 pertaining to establishment, deletion, or revision of classifications for various industries for supplementing the NCCI Basic Manual for Workers' Compensation and Employers Liability.

LEGISLATIVE ACTIONS:

House Bill 757

• A bill for an act entitled: "an act generally revising workers' compensation laws; requiring certification of workers' compensation claims examiners; requiring that all examiners pay a certification program fee; providing rulemaking authority; removing a termination date regarding options for extraterritorial workers' compensation coverage; amending section 39-71-320, MCA; repealing section 5, chapter8 315, laws of 2015; and providing effective dates." Effective Date July 1, 2019.  
• Senate Bill 351

The enacted legislation revised State Fund Board composition and term requirements.  Effective Date October 1, 2019.

FEE SCHEDULE NEWS:

The proposed Medical and Facility fee schedules were posted as adopted with no changes and became effective July1, 2019.  The next update is expected July 1, 2020

REGULATORY ACTIVITY:

• Has posted their proposed fee schedules to become effective July 1, 2019.  To view the fee schedules, go to http://erd.dli.mt.gov/.
• Posted notice of adoption of Montana Utilization and Treatment Guidelines. The adopted rules add a new section to the rule. The added section is section (6) which adds the recently adopted formulary to the Utilization and Treatment Guidelines rule.  The formulary rule became effective April 1, 2019.  To view the adopted rule, go to http://www.mtrules.org/gateway/RuleNo.asp?RN=24%2E29%2E1611.
• Posted notice of adoption as proposed rule 24.29.1433 Facility Service Rules and Rates for Services provided on or after July 1, 2013; 24.29.1534 Professional Fee Schedule for Services provided on or After July 1, 2013; and 24.29.1538 Conversion Factors for Services provided on or After January 1, 2008.  To view this notice, go to http://www.mtrules.org/gateway/ShowNoticeFile.asp?TID=9170.

REGULATORY ACTIVITY:

• Workers’ Compensation Fee Schedule Rules Hearing ARM Notice 24-29-345; 5/6/2019 10:00:00 AM. Conference rooms A and B of the Beck Building - 1805 Prospect Avenue, Helena, Montana. The Department of Labor and Industry is committed to providing meeting access through reasonable accommodation under the Americans with Disabilities Act. Celeste Ackerman, Medical Regulations Officer. 406-444-6604 celeste.ackerman@mt.gov.