Montana Department of Labor and Industry

The Medical Assistance Program (MAP) Advisory Council meeting included a review of MAP background information, specifically the review of authorizing statutes and an overview of Montana boards' assistance programs. Key discussion points involved considering options for the current contract and future contract, which included a review of the state's procurement process and a public opportunity for comment. The council took action by moving to propose extending the contract with Maximus for one year, requiring the council to inform the Request for Proposal (RFP) process by the first of February. Finally, the council addressed prioritizing its purposes and clarifying needs related to those purposes.

The Board meeting involved actions on two cases for oral argument. In the first case (Case#2022DRS00095), involving the Madison County Sheriff's Association and Madison County regarding a proposed bargaining unit for Deputy Sheriffs, Sergeants, and communications staff, the Board adopted the Hearing Officer's Findings of Fact, Conclusions of Law, and Recommended Order by a 4-0 vote. In the second set of cases (Case#2023DRS00055 & 2022DRS00057), involving the Montana Federation of Public Employees and the State Auditors concerning an alleged refusal to bargain in good faith, the Board remanded both Unfair Labor Practice (ULP) cases to the Office of Administrative Hearings for further fact-finding, also passing by a 4-0 vote. The agenda also included the approval of the minutes from the November 17, 2022, meeting.

The Board conducted oral arguments for two cases. In Case #2022DRS00073, 76, 77, 78, 79 & 80 involving MFPE and School Districts, the Board discussed constitutional privacy rights concerning requested information, ultimately adopting the Hearing Officer's Findings of Fact, Conclusions of Law, and Recommended Order in a 3-0 vote. In Case #2022DRS00256 involving Mitchell McBroom & Barbara Lewis-Baca against the Missoula Urban Transportation District, the Board debated the statute of limitations concerning related grievances, concluding by upholding and affirming the Investigating Officer's Finding that the Unfair Labor Practice Charge lacked Probable Merit and was Dismissed, also by a 3-0 vote.

The meeting involved a call to order, establishment of quorum, and introductions of Board and Staff members present via Zoom. Following the approval of minutes from the February 16, 2023, meeting, there was no public comment. Staff and the Attorney provided comments regarding an administrative matter. The Board proceeded with an oral argument session for Case #2022DRS00075 between Petitioner MFPE and Counter Petitioner YELLOWSTONE COUNTY, concerning a privacy test related to personal contact information. After arguments were presented by both representatives, the Board discussed the case and subsequently passed a motion to adopt the Hearing Officer's Findings of Fact, Conclusions of Law, and Recommended Order with a 3-0 vote. The next meeting was scheduled for November 16, 2023.

The meeting agenda included an update on the Transition Plan and a continued goal discussion focusing on examining the effectiveness of the medical recovery program. This examination covered trends in enrollment, completion/non-completion rates, program design, eligibility criteria, application requirements, wait times, duration, conditions of participation, penalties, privacy protections, and return-to-work restrictions. Specific discussion points under this goal included the appeal process for board-ordered participation and requirements for voluntary participation. The council also discussed identifying up to two members to attend the NOAP Conference scheduled for March 2026 in Houston, TX.