Administrative Rules of Montana Department 37 - PUBLIC HEALTH AND HUMAN SERVICES

The Administrative Rules of Montana, Title 37 – Department 37 (Public Health and Human Services) govern the department’s operations, programs, licensing, health standards, and services. Here's a clear breakdown:

🏛️ Structure & Chapters

Title 37 is organized into multiple chapters—each dedicated to a different area of public health or human services. Major chapters include (but are not limited to) (regulations.justia.com):

37.1–37.2: Organizational structure & internal procedures

37.5: Fair hearings and contested case proceedings

37.8: Records and statistics

37.10–37.14: Emergency health, labs, radiation

37.19–37.21: Family planning and abortion documentation

37.25–37.27: Juvenile residential alcohol/drug treatment

37.30–37.31: Vocational rehabilitation and independent living

37.34: Developmental disabilities

37.37: Therapeutic youth group homes

37.40–37.41: Senior & long-term care services (incl. nursing homes, home health, hospice)

37.45: Veterans’ facilities

37.47: Protective services

37.49–37.52: Foster care & adoption

37.55: End-stage renal disease (ESRD)

37.57–37.60: Maternal/child health & WIC

37.62: Child support enforcement

37.66: Mental health inpatient facilities

37.75–37.78: Child/adult care food, nutrition, TANF

37.79–37.80: Healthy Montana Kids & child care assistance

37.81–37.87: Medicaid programs

37.93–37.101: Licensure (child placing, day care, youth care, behavioral programs)

37.104–37.106: Emergency medical services & healthcare facilities

37.107–37.113: Marijuana registry, quality assurance, food/drug standards, public accommodations, body art, indoor air

37.114: Communicable disease control

37.115–37.116: Pools/spas, dead human bodies

37.117: Tobacco settlement accounts (regulations.justia.com)

🔎 Example: Senior & Long-Term Care (Chapter 37.40)

Chapter 37.40 covers elder care services such as:

Nursing home and intermediate care

Skilled nursing screening & reimbursement

Swing-bed programs

Home health, hospice, dialysis

Community First Choice & personal assistance services

Self-directed options and home/community-based services (regulations.justia.com)

⚙️ Rule Notices & Recent Updates

The Montana DPHHS regularly publishes rule notices—including proposals, amendments, and emergency rules—via the Montana Administrative Register (MAR). Recent topics include:

Pediatric Complex Care Assistance (Notice 2025‑53.1; hearing July 18 2025)

Home & Community‑Based Services, Electronic Visit Verification (Notice 2025‑523.1; hearing June 27 2025)

Applied Behavior Analysis, Positive Behavior Support, Hospice Reimbursement, Adult Protective Services, Community First Choice, and various licensing changes (tattoo/body piercing, vital records, DD incident reporting, retirement homes, EHR incentive program, etc.) (dphhs.mt.gov)

Specific MAR notices such as 37‑1072 (body piercing/tattooing), 37‑1075 (vital records), 37‑1086 (HCBS environment), 37‑1095 (domestic violence), 37‑1100 (retirement homes), 37‑1102 (EHR incentives), 37‑1105 (developmental disabilities incident reporting) each have proposed hearing dates in early 2025 (dphhs.mt.gov).

✅ Accessing the Rules

The full Administrative Rules of Montana (ARM), Title 37 is viewable online via the Secretary of State or DPHHS legal resources (dphhs.mt.gov).

Individual rule sections or subchapters (e.g., ARM 37.40.702 for Home Health Services) can be retrieved via the state’s regulations portal (rules.mt.gov).

 

 

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