24.29.1604    APPLICABILITY OF UTILIZATION AND TREATMENT RULES

(1) The following rules are subject to the applicability provisions of this rule:

(a) ARM 24.29.1611;

(b) ARM 24.29.1621;

(c) ARM 24.29.1641; and

(d) ARM 24.29.1609.

(2) The rules identified in (1) apply to:

(a) injuries that occurred on or before June 30, 2007, for any treatment rendered on or after July 1, 2011, except that the provisions of (3) apply; and

(b) injuries that occurred on or after July 1, 2007, for any treatment rendered on or after July 1, 2011.

(3) The presumption of compensability in the Montana utilization and treatment guidelines adopted by ARM 24.29.1611 does not apply to injuries occurring on or before June 30, 2007. However, treatment for these injuries made in accordance with the guidelines constitutes reasonable primary or secondary medical treatment, pursuant to 39-71-704, MCA, for any condition or diagnosis identified in the guidelines. Therefore, prior authorization is not required for treatment within the guidelines for these injuries unless prior authorization would otherwise be required under these rules.

(4) As used in this subchapter, the term "injuries" includes occupational diseases which were diagnosed as an occupational disease, or should have been diagnosed as an occupational disease, during the time period specified.

 

History: 39-71-203, 39-71-704, MCA; IMP, 39-71-704, MCA; NEW, 2011 p. MAR 1137, Eff. 6/24/11; TRANS from ARM 24.29.1596 and AMD, 2018 MAR p. 2531, Eff. 1/1/19.