Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

OF THE STATE OF MONTANA

In the matter of the amendment of 24.29.201, 24.29.801, 24.29.804, 24.29.1201, 24.29.1202, 24.29.1203, 24.29.1404, 24.29.1702, 24.29.1721 and 24.29.3802 and the repeal of 24.29.1204 pertaining to workers' compensation

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NOTICE OF AMENDMENT AND REPEAL

TO: All Concerned Persons

1. On March 28, 2013, the Department of Labor and Industry (department) published MAR Notice No. 24-29-270 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 369 of the 2013 Montana Administrative Register, Issue Number 6.

2. The department has amended the following rules as proposed: ARM 24.29.801, 24.29.1201, 24.29.1202, 24.29.1203, 24.29.1702, 24.29.1721, and 24.29.3802.

3. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

24.29.804 EXAMINERS AND THIRD-PARTY ADMINISTRATORS IN MONTANA (1) All workers' compensation and occupational disease claims filed pursuant to the Montana Workers' Compensation ~~Act~~ and Occupational Disease Acts must be adjusted by a person in Montana. For the purposes of this rule, a claim is deemed to be "adjusted by a person in Montana" if the person who can determine entitlement to benefits, authorize payment of all benefits due, manage the claim and has authority to settle the claim, maintains an office that is located in Montana and adjusts Montana claims from that office. The office may be in the examiner’s personal residence located in Montana. The sole use of a mail box or mail drop located in Montana does not constitute maintaining an office in Montana.

(2) An insurer must maintain the documents related to each claim filed with the insurer under the Montana Workers' Compensation ~~Act~~ or Occupational Disease Acts at the office of the person adjusting the claim in Montana until the claim is settled. The documents may either be original documents, or duplicates of the original documents, and must be maintained in a manner which allows the documents to be retrieved from that office and copied at the request of the claimant or the department. Settled claim files stored outside of the examiner’s office must be made available by the insurer within 48 hours of a request for a file. Electronic or optically imaged documents are permitted by this rule.

(3) through (6) remain as proposed.

AUTH: 39-71-107, 39-71-203, MCA

IMP: 39-71-105, 39-71-107, MCA

4. The department is not proceeding with the amendments to ARM 24.29.201 and 24.29.1404.

5. The department has repealed the following rule as proposed: ARM 24.29.1204.

6. The department has thoroughly considered the single comment received. A summary of the comment received and the department's response is as follows:

COMMENT #1: The Montana State Fund (MSF) generally supported the proposed amendments, but noted that striking reference to the Occupational Disease Act in ARM 24.29.804 would be problematic since MSF continues to administer claims filed pursuant to both the Montana Workers' Compensation and Occupation Disease acts. MSF recommended that the department not remove the reference to the Occupational Disease Act from ARM 24.29.804.

RESPONSE #1: The department agrees with the comment and is amending ARM 24.29.804 to retain the reference. For the same reasons, the department also determined it is necessary to retain references to the Occupational Disease Act in ARM 24.29.201 and 24.29.1404 and is not proceeding with the proposed amendments to these two rules.

/s/ Darcee L. Moe /s/ Pam Bucy

Darcee L. Moe Pam Bucy

Rule Reviewer Commissioner of Labor

Department of Labor and Industry

Certified to the Secretary of State May 13, 2013