BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 24.29.1433, 24.29.1534, 24.29.1538, and 24.29.1591, related to workers' compensation medical service fee schedules and utilization and review of medical services

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

          1. On April 30, 2015, the Department of Labor and Industry (department) published MAR Notice No. 24-29-306 regarding a public hearing on the proposed amendment of the above-stated rules at page 406 of the 2015 Montana Administrative Register, Issue No. 8.

 

          2. On May 22, 2015, at 10:00 a.m., the department held a public hearing at the Beck Building, 1805 Prospect Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules. No members of the public attended. Two members of the public submitted written comments prior to the close of the comment period.

 

          3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

Comment 1: Two commenters stated that the proposed Facility Fee Instruction Set does not correctly reflect the proper methodology for reimbursement of certain implant charges.

 

Response 1: The department agrees with the comment. Because ARM 24.29.1433 (11)(e) correctly describes the reimbursement methodology for certain implants, the department will delete from page 11 of the publication entitled "Montana Workers' Compensation Facility Fee Schedule Instruction Set Effective July 1, 2015," under the sub-heading Outliers, first paragraph, the sentence "Implants are excluded from outlier calculations."   In addition, the department will also delete item (2)(d) on page 12 of those instructions.

 

          4. The department has amended ARM 24.29.1433, 24.29.1534, 24.29.1538, and 24.29.1591 as proposed. As described in Response 1, above, the department has deleted certain material from the final version of the "Montana Workers' Compensation Facility Fee Schedule Instruction Set Effective July 1, 2015" which is incorporated by reference in ARM 24.29.1433.

 

 

 

/s/ MARK CADWALLADER          /s/ PAM BUCY

Mark Cadwallader                       Pam Bucy, Commissioner

Alternate Rule Reviewer              DEPARTMENT OF LABOR AND INDUSTRY

 

Certified to the Secretary of State June 15, 2015