BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                            STATE OF MONTANA 

 

In the matter of the amendment of ARM 24.29.1433 and 24.29.1538 pertaining to workers' compensation medical fee schedule

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On May 18, 2023, at 9:00 a.m., a public hearing will be held via remote conferencing to consider the proposed changes to the above-stated rules. There will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways:

            a. Join Zoom Meeting, https://mt-gov.zoom.us/j/86057836868

                  Meeting ID: 860 5783 6868, Passcode: 837526

                  -OR-

            b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656

                  Meeting ID: 860 5783 6868, Passcode: 837526

 

            2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on May 11, 2023, to advise us of the nature of the accommodation that you need. Please contact the department at P.O. Box 1728, Helena, Montana 59624-1728; telephone (406) 444-5466; Montana Relay 711; or e-mail [email protected].

 

            3. GENERAL STATEMENT OF REASONABLE NECESSITY: There is reasonable necessity to amend ARM 24.29.1433 and 24.29.1538 to comply with the provisions of 39-71-704(2), MCA, that require that the department annually establish a medical fee schedule for workers' compensation purposes.

 

            4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            24.29.1433 FACILITY SERVICE RULES AND RATES FOR SERVICES PROVIDED ON OR AFTER JULY 1, 2013 (1) through (10) remain the same.

            (11) The following applies to inpatient services provided at an acute care hospital:

            (a) The department may establish the base rate annually.

            (i) The base rate effective July 1, 2022 July 1, 2023, is $9,435 $10,011.

            (ii) through (g) remain the same.

            (12) The following applies to outpatient services provided at an acute care hospital or an ASC:

            (a) The department may establish a base rate annually.

            (i) The base rate effective July 1, 2022 July 1, 2023, is $130.

            (ii) remains the same.

            (b) The department may establish a base rate annually for ASCs at 75 percent of the hospital outpatient base rate.

            (i) The base rate effective July 1, 2022 July 1, 2023, is $98.

            (ii) through (g) remain the same.

 

            AUTH: 39-71-203, MCA

            IMP:     39-71-704, MCA

 

            24.29.1538 CONVERSION FACTORS FOR SERVICES PROVIDED ON OR AFTER JANUARY 1, 2008 (1) remains the same.

            (2) The conversion factors established by the department for goods and services, other than anesthesia services are:

            (a) $61.05 $60.47 on or after July 1, 2022 July 1, 2023.

            (b) remains the same.

            (3) The conversion factors established by the department for anesthesia services are:

            (a) $64.84 $65.73 on or after July 1, 2022 July 1, 2023.

            (b) through (5) remain the same.

 

            AUTH: 39-71-203, MCA

            IMP:     39-71-704, MCA

 

            5. Concerned persons may present their data, views, or arguments at the hearing. Written data, views, or arguments may also be submitted at dli.mt.gov/rules or P.O. Box 1728; Helena, Montana 59624.  Comments must be received no later than 5:00 p.m., May 26, 2023.

 

            6. An electronic copy of this notice of public hearing is available at dli.mt.gov/rules and sosmt.gov/ARM/register.

 

            7. The agency maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the agency. Persons wishing to have their name added to the list may sign up at dli.mt.gov/rules or by sending a letter to P.O. Box 1728; Helena, Montana 59624 and indicating the program or programs about which they wish to receive notices. 

 

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

 

            9. Pursuant to 2-4-111, MCA, the agency has determined that the rule changes proposed in this notice will not have a significant and direct impact upon small businesses.

 

            10. Department staff has been designated to preside over and conduct this hearing.

 

/s/ QUINLAN L. O'CONNOR Quinlan L. O'Connor Rule Reviewer	/s/ LAURIE ESAU Laurie Esau, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State April 4, 2023.